The Michigan Child Custody Act presumes it is in the best interests of a child to have a strong relationship with both parents. Courts in Michigan use 12 factors called the best interest factors to determine what custody arrangement is in the best interests of the child/children involved.
The court must look at the parenting situation before the divorce or custody case was filed. The court has to make a determination if there is an established custodial environment with either parent or both parents. An established custodial environment is a physical and a psychological environment that develops over an appreciable time and significant duration.
If there is an established custodial environment, the party petitioning the court to change it has to prove that the change is in the child’s best interests by clear and convincing evidence.
The most common temporary orders are for support (child or spousal) and for child custody. These orders are meant to give the parties and their children structure and financial support during the pendency of a divorce. A court can enter a temporary order when either party petitions for its entry.
What if one parent tries to move the kids out state?
Once a custody order is established, a parent must obtain the court’s permission to relocate more than 100 miles away or outside of Michigan. If a parent wishes to move out of state, they must either gain consent from the other parent or seek approval from the court.
If both parents cannot agree, the relocating parent must demonstrate that the move is justified. The court will need to be convinced that the relocation will enhance the quality of life for both the child and the relocating parent. Additionally, the court will assess how well each parent has adhered to court orders and utilized their parenting time. This process helps ensure that the relocating parent is not moving solely to undermine the existing parenting time schedule.
Common Questions
Do Both Parents Pay Child Support if They Share Custody?
In Michigan, child support is determined using the Michigan Child Support Formula. This formula takes into account both parents’ incomes, the number of overnight visits each parent has with the child each year, and the child care and health care expenses each parent incurs to calculate the necessary support amount.
Typically, child support is awarded to the parent with the majority of overnight visits. The specific amount of child support will vary based on the details entered into the formula.
What is visitation?
Visitation, called parenting time in Michigan, is court-ordered time for each parent to enjoy with their children
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