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Anyone who is facing child custody issues has a lot of questions. Does the child have a say in where he or she lives? What types of custody are awarded in Michigan? Can the parents come to an agreement on their own? These are just a few of the issues that come up in custody cases, and they are all difficult questions to answer. Michigan does have clear laws pertaining to child custody, but those answers are also often left to a judge to decide.
Due to the complex nature of child custody, anyone going through a divorce that involves children should speak to a Rochester Hills child custody attorney.
In Rochester Hills, there are two types of child custody. The first, and the one most people think of, is physical custody. This dictates where the child will live. The second type is legal custody. This is the right to participate in decisions regarding the child, such as medical care and education.
Physical custody is awarded as either sole custody or joint custody. In most cases, the courts will try to award both parents with a portion of physical custody. Likewise, the courts typically grant both parents legal custody.
Ideally, the parents will come to an agreement on the child custody arrangements. When this is the case, it allows both spouses to maintain control over the situation and have a say in what the final arrangement looks like. If the two parents can do this, they simply have to submit it to a judge. If the agreement is in line with Rochester Hills law on child custody, the judge will likely approve it.
If the parents cannot agree on child custody, the matter will go before a judge. The judge will then have the final say. When determining how to award child custody, a judge will take many factors into consideration, including:
It is important to understand that while a child’s preference is taken into consideration in child custody matters, it is not a deciding factor. The courts will consider it, but no more than they will consider any other factor.
Child custody issues are extremely challenging for the entire family. A Rochester Hills child custody attorney can help make the process a little easier. If you are considering divorce, or proceedings have already started, put your case in the hands of an experienced professional. At Iafrate & Salassa, P.C. we will make sure you understand your rights and help resolve any disputes that arise with child custody or any other factor in your divorce. Call us today or fill out our online form for your free consultation to learn more about how we can help.