Child Custody Attorney Ypsilanti MI – Child Custody Lawyer Ypsilanti MI
There are two types of custody – physical and legal. Either could be joint or sole custody. Physical custody refers to where the minor children physically live. If a minor child resides at both parents’ homes more than 128 days, the parties have joint physical custody. Legal custody has nothing to do with where a child lives. It only has to do with the ability of the parents to make decisions about a child’s life, such as health care, education and religious upbringing. Consequently, in the vast majority of divorce cases, joint legal custody is given to both parties, whereas primary physical custody (whether joint or sole) is given to one party. Custody can be changed after a divorce, support case, custody case, or paternity case. However, a court will look to the best interests of a child to see if a custody change is warranted and it must be based on some change in circumstances between the parties.
Parenting Time Attorney Ypsilanti MI – Parenting Time Lawyer Ypsilanti MI
This was formerly known as visitation. Parenting time can be specifically spelled out in a Divorce Judgment or left to the parties to work out between themselves. Unfortunately, if specific times are not spelled out in a court order and there becomes a problem, police cannot enforce it. Parenting time can be changed after a divorce, support case, custody case, or paternity case. However, a change can only occur if there is some change in circumstances between the parties. If a proposed change would cause a parent to have more than 128 days where that parent had less or have less than 128 days where that parent had more, the court will view the change as a potential change in custody and the best interest standards will be reviewed. A party cannot withhold parenting time if a parent is not paying support. The proper recourse is to contact an attorney and/or the FOC for enforcement.
Moving out of state or more than 100 miles with a minor child
Barring an agreement from the other parent, court permission is required to move more than 100 miles from the other parent or out of the state with minor children. To move outside this boundary, a parent must show four things: the move is not being made to prevent the other parent from exercising parenting time, the move has the capacity to improve the life of the moving parent and child, that the objection of the non-custodial parent is based on trying to secure a financial advantage, and the opportunity for the non-moving parent to obtain parenting time and the extent to which the custodial parent will accommodate parenting time. If parents have joint custody and the move would cause less than 128 overnights for one parent, then the court will also deem the move a change in custody and will use the best interest factors to determine if a change in custody should occur.
Primarily serving the cities of Ypsilanti, Ann Arbor, and the counties of Wayne and Washtenaw, although we extend our legal services throughout the State of Michigan.
Call Wolverine Law today at 734.481.8911 or contact us to set up an appointment for a free consultation.