Navigating Michigan Child Custody Law: What You Need to Know

June 26, 2023

Navigating Michigan Child Custody Law: What You Need to Know

Child custody can be a fraught topic, especially during a separation or divorce. Both parents naturally want what’s best for their children, so trying to come to an agreement can be emotionally draining and legally complicated. Michigan law has specific guidelines regarding child custody, and they can be hard to understand without the help of a legal professional. In this blog post, we’ll break down the basics of how child custody is determined in Michigan, how visitation is determined, and whether or not you can appeal a custody agreement. At Zanolli Family Law, P.C, we’re committed to assisting Michigan residents in child custody matters, and we’re here to help.

How is child custody determined in Michigan?

 First things first: in Michigan, there are two main types of child custody. Legal custody gives a parent the right to make important decisions in a child’s life, such as medical decisions or educational choices. Physical custody, on the other hand, determines where a child primarily lives. In many cases, both parents will share legal custody, but only one parent will have primary physical custody. 
When determining child custody in Michigan, the court will look at several factors, including:
• The child’s age, health, and well-being • The parent’s willingness to encourage and facilitate a close relationship between the child and the other parent • The child’s relationship with each parent • Each parent’s capacity to provide the child with shelter, clothing, food, medical care, and other essential needs • Each parent’s mental and physical health • Any history of domestic violence or child abuse
It’s worth noting that Michigan courts operate under the assumption that it’s in a child’s best interest to have a strong relationship with both parents, unless there is evidence to suggest that such a relationship would be harmful.

How is child visitation determined?


When determining child visitation rights in Michigan, or “parenting time” as it’s legally referred to, the court considers many of the same factors as in child custody determinations. However, the court may also look at additional considerations specific to visitation, such as the child’s school schedule and extracurricular activities. In most cases, visitation schedules are formulated to allow the child to have frequent and meaningful contact with both parents.

Can I appeal my custody agreement?


Yes, it is possible to appeal a custody agreement in Michigan. However, it’s important to note that appeals are not automatic – you must be able to provide a legally valid reason for the court to reconsider its decision. Common reasons for appealing a custody agreement include a change in circumstances, such as a parent moving to a different state or a significant health issue arising. At Zanolli Family Law, P.C, we can help you navigate the appeals process if it’s necessary.

Child custody issues can be emotionally charged and legally complex, but at Zanolli Family Law, P.C, we’re here to help you navigate them. If you’re facing child custody matters in Michigan, we encourage you to reach out to us for expert guidance. Our team has helped countless Michigan residents find successful outcomes in their child custody cases, and we’re here to support you. Contact us today to schedule a consultation.

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