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When a couple separates, and they have children, one of the most significant issues that arise is child custody. In most cases, when parents separate, they create a parenting plan that outlines how they will share their parental responsibility. However, as time goes by and circumstances change, you may find yourself needing to modify your parenting plan. This blog post will discuss when you can modify child custody in Michigan, why you should do it, and how an attorney can help.
In Michigan, you can modify child custody if there is a significant change in circumstances since the last order was entered. The court will only consider modification if the change affects the child's best interests. A significant change could be anything from one parent moving out of state or getting remarried to a child's needs evolving as they grow older.
You may need to modify your current custody arrangement for various reasons. One of the most common reasons is that your current arrangement does not work for your family anymore due to changes in schedules or living arrangements. Other times, one parent may be relocating for work or other reasons, making it necessary to adjust custody arrangements.
Another common reason for modifying child custody is when there are concerns about abuse or neglect by one parent towards the child(ren). In such cases, a parent can petition for sole legal or physical custody of the children.
An experienced family law attorney can help you understand your options regarding modifying child custody orders. They will guide you through the legal process and provide advice on what steps to take next.
Your attorney can also help gather evidence supporting your request for modification if needed—for example, medical records if there are health concerns with your child or police reports if there has been an incidence of domestic violence.
Additionally, if you and your ex cannot come to an agreement on the modification, your attorney can represent you in court and fight for your desired outcome.
To modify child custody, you need to file a motion with the court requesting a change in custody. You must demonstrate that there has been a significant change in circumstances since the last order was entered. Once filed, a hearing will be scheduled where both parents can present their arguments, and the judge will make a decision based on what is best for the children.
If both parents agree to modify custody, they can submit a written agreement to the court outlining their new arrangements. The court will then review and approve it if it is in the best interests of the children.
Child custody modifications are not uncommon as families' circumstances change over time. Michigan law allows modifications when there is a significant change in circumstances affecting the child's welfare. If you are considering modifying your child custody arrangement, it is essential to consult with an experienced family law attorney who can guide you through this complex process and protect your rights as well as those of your child(ren).
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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All Rights Reserved | Zanolli Family Law, P.C. | Powered By Convert It Marketing | Privacy Policy