CHILD CUSTODY

What Every Parent Should Do Before Starting the Divorce Process

Robert S. Menders

Divorce is one of the most devastating events that a person can go through, so it is important to have an ally who will fight for you and your rights.  At the Law Office of Robert S. Menders, we prioritize the needs of our clients.

In Michigan, the parents of minor children need to come up with a parenting plan in order to have a plan of action when parenting disputes arise between the parties.  Although this can be done by the court, arriving at an agreed-upon plan will enable the parents to have more input into the day-to-day care of their children.  This plan is approved and entered by the judge to become an official court document.  By negotiating these points before the matter is submitted to the court, the parents have more of an opportunity to control the circumstances under which they raise their child.

It is important to gather all relevant information prior to going to court, as well as becoming familiar with the applicable laws that will govern the court’s decisions.  The judge that determines custody issues, including who gets physical custody, whether it is partial or full, who has legal custody, and other miscellaneous issues.  These matters will be determined on the evidence that the parties present, so it is critical to make sure that you have support for each of the points that you want to make at trial.

When you begin to contemplate divorce and child custody issues, it is important to collect the pertinent information upon which all the court’s judgments will be based.  Keeping a journal is a good way to record important details.  Maintaining paper files and electronic logs are another important way of preserving critical evidence.

WHAT HAPPENS DURING THE CUSTODY PROCEEDING

Early in the divorce process, a Friend of the Court will make some initial custody decisions. This initial determination is to provide for financial support and structure for the child(ren) during the remainder of the custody and divorce proceedings. If the parties are unable to arrive at an amicable, or at least consensual, custody plan, then the matter goes to the court for decision after a trial. The judge will make the ultimate decision based upon the best interests of the child(ren) and the presented evidence. In Michigan, this is based upon twelve points of consideration, which are:

• The nature of the bonds that exist between the child and each of the parents;
• The ability and willingness of each parent to support the child with the provision of affection and guidance, as well as dedication towards the advancement of educational and spiritual learning;
• The ability and willingness of each parent to provide the basic necessities, including food, shelter, clothing, and ongoing care;
• Any evidence concerning a stable living environment, the facts surrounding who provided the home and how long the child resided there, and how advantageous it would be to maintain the environment;
• The likelihood of the current or potential home to remain the same going forward;
• The moral fitness of each parent;

• The health of each parent, including emotional, psychological, and physical;
• How the child has done in the proposed environment, considering school record, community involvement, and emotional and physical impact of the home situation;
• The expressed preference of the child, as long as the judge determines that the child is of a sufficient age and mental capacity to provide a reasonable opinion;
• The capacity and disposition of each parent to nurture a meaningful and ongoing relationship with the other parent;
• Any incidence of domestic violence in the parents’ past; and
• Other factors that the judge determines to be relevant (this is a catch-all of sorts).

THERE ARE STILL ISSUES THAT ARISE AFTER THE CUSTODY CASE HAS CLOSED

After the court process has concluded and the custody order has been entered, there may be a need to request a change in custody or other modifications. These changes need to be requested through a formal application and must be based upon the best interest of the child. These modifications may be for changed physical or legal custody, a request for an increase or decrease in child support, changes to visitation, requests for moves more than 100 miles away from the residence of the custodial parent or out of the State of Michigan, or changes to the last name of the child.