Royal Oak Child Custody Attorneys

Elements of Child Custody

There are two types of child custody: physical custody and legal custody. Every parenting plan involves both.

Physical custody is the role of providing a home for one’s child. In this role, the custodial parent also provides food, household goods, and utilities. Legal custody is the role of making decisions on the child’s behalf. These are the “big” decisions in a child’s life, such as determining if the child will wear braces and choosing the child’s school.

Both types of custody can be held solely by one parent or jointly between the two. The court makes separate determinations for both types of custody. For example, it may decide that it is in a child’s best interest for the parents to have joint custody in both categories or that it would be best for one parent to have sole custody in one category, but the parents to have joint custody in the other.

Factors Considered when Determining Child Custody

There are 12 factors in place to aid the court in determining an appropriate parenting plan for a child:

• The love, emotional ties, and affection that exists between the child and each parent;
• Each parent’s capacity to provide the child with love and support to grow academically and if applicable, through his or her religious training;
• Each parent’s capacity to provide for the child financially;
• The length of time the child has lived in his or her current household and whether it would be best for this living situation to continue;
• The permanence of the family unit in each parent’s current or proposed household;
• Each parent’s moral fitness to raise the child;
• Each parent’s mental and physical health;
• If the child is deemed to be mature enough to make a rational decision about where to live, the child’s preference may be considered;
• Each parent’s willingness to cooperate with the other and facilitate a healthy relationship between the child and the other parent;
• Whether there is a history of domestic violence with either parent; and
• Any other details the court deems to be necessary to a specific case, such as a child’s special needs.
  

To examine these factors, the court works with individuals known as Friends of the Court.

Working with a Family Lawyer to Reach an Appropriate Child Custody Arrangement

During the custody determination process, you may be asked to undergo a psychological evaluation or present evidence that demonstrates your fitness as a parent. Your lawyer can walk you through each of these requests and help you prepare for them adequately, either by discussing the questions you may face during an evaluation or by helping you obtain the documents you need. Your lawyer can also guide you through each step of the divorce process and help you decide the right way to handle any issues that arise.

Work with a Royal Oak Child Custody Lawyer

Our team of Royal Oak child custody lawyers at Iafrate & Salassa, P.C. can answer any questions you have about child custody and other parts of the divorce process. To get started with a member of our firm, contact our office today to schedule your initial legal consultation with us.