Child custody is among the most difficult divorce issues to resolve. The Law Offices of Robert B. Relph has provided child custody and other family law legal services to clients in Grand Rapids and surrounding counties since 1970.
When a divorce or custody case is filed, the court would usually determine fairly immediately who will have temporary custody of the child pending further evaluation and review by the court. Temporary custody is often (though not always) granted to the parent who has been the primary parent for the children prior to the filing.
In Michigan divorce law, sole custody occurs when primary physical custody and legal custody are awarded to one parent. Physical custody is the day-to-day care of the child. Legal custody means a parent makes all major decisions regarding the child, including:
If the parents are unable to work together for the best interest of their children, the judge may award sole custody to one of the parents. The non-custodial parent is generally awarded parenting time by the court and the non-custodial parent makes routine and emergency decisions for the child during parenting time.
The court can award either joint legal or joint physical custody or both. If either parent requests joint custody, the court must consider it. When both parents agree on joint legal or physical custody, the judge must order it unless it is determined that joint physical custody is not in the child’s best interest. One of the guiding factors in deciding joint custody is to determine the parents’ ability to cooperate and generally agree on important decisions that affect their child’s welfare. Shared or joint custody is defined as:
The Law Offices of Robert B. Relph can provide needed legal advice on child custody issues. Contact us today or call 616-647-3204 to schedule a consultation.