Trusted Legal Experience in a Wide Range of Familial Disputes
Family law disputes can be emotionally draining and time-consuming. Even couples who are capable of parting ways amicably are not immune to the stress of legal proceedings and other legal hurdles, such as child custody, property division, alimony and child support.
It can be easy to underestimate how demanding it can be to resolve family law issues in court. From custody to asset distribution to adoption, the intricacies of family law can lead to high stakes, confusion, and anxiety for Michigan families.
The sensitive nature of family law sets this legal area apart from other legal practice areas, as familial disputes have both practical and emotional elements that must also be worked through to achieve resolution in court. This is why it’s crucial to hire a skilled Oakland County family lawyer who can offer sound legal counsel and guide your legal steps as effectively as possible.
Our firm has experience handling a wide range of family law matters, including (but not limited to):
- Child Custody
- Child Support
- Spousal Support (Alimony)
- Asset & Property Division
- Post-Judgment Modifications
- Parenting Time & Visitation
- Mediation
How Is Child Custody Determined in Michigan?
If you’re a parent filing for divorce, child custody is probably a top-of-mind priority for both you and your spouse. The overwhelming majority of parents want what’s best for their children, and you’ll be relieved to know that this is exactly what the court wants, too. Rest assured that the judge will only make child custody decisions that are in the best interest of your child.
According to §722.27 of Michigan Compiled Laws (MLC), the state’s joint custody law presumes that maintaining a close relationship with both parents after divorce is in the best interest of the child. If both parents request joint custody, the court is obligated to grant the request unless joint custody is not in the child’s best interest.
To understand Michigan child custody laws, it’s essential to first understand the difference between the two custody types:
- Legal Custody. This form of custody is best defined as a parent’s legal right to make significant and/or long-term decisions in their child’s life, such as their education, medical care, and religious affiliation.
- Physical Custody. This custody type refers to the parent with whom the child lives and relies on to meet their basic needs (such as food, water, and shelter).
Both legal and physical custody can be further classified as sole or joint. Assuming joint custody is not awarded, the judge may award either parent any combination of these, including:
- Sole Physical Custody
- Sole Legal Custody
- Joint Physical Custody
- Joint Legal Custody
When making this decision, the judge will also assign the child’s parents as the custodial or non-custodial parent. These two titles affect each parent’s role in the child’s life going forward, including who receives or pays child support. Consider the following definitions of each parent’s court-ordered role:
- The custodial parent is the child’s primary caregiver and the parent with whom the child will live.
- The non-custodial parent generally receives less parenting time with the child and is typically responsible for contributing child support payments.
If you’re a parent with concerns regarding your child’s welfare in an upcoming divorce, custody battle, or other family law matter, contact our knowledgeable Oakland County child custody attorney to learn how we can help you obtain the legal result you desire.
What Factors Will the Court Consider When Determining Child Custody?
In Michigan, there are various factors the judge may consider when making child custody decisions, including (but not limited to):
- The child’s age;
- Any history of child abuse or neglect;
- Each parent’s bond with the child;
- Each parent’s ability to meet the child’s needs;
- The mental and physical health of the child and its parents;
- Any history of domestic violence or marital abuse;
- The child’s reasonable preference (if age appropriate);
- The location of the child’s home and school;
- Each parent’s living conditions and income;
- The geographical location of each parent;
- The likelihood of each parent complying with the custody arrangement based on prior behaviors;
- The impact of travel time on the child; and
- Any other factors the court deems relevant to the case.
How Is Property Divided in a Michigan Divorce?
When it comes to asset distribution and property division in a divorce, U.S. states are classified as one of the following:
- Community Property States. These states consider all assets acquired during the marriage to be jointly owned. While a 50/50 split isn’t guaranteed, it isn’t unlikely in community property states.
- Equitable Distribution States. Michigan is an equitable distribution state. This means that the court considers a spouse’s assets to be their own personal property unless the couple agrees to share them. These states make an effort to distribute assets equitably and may take a wide range of factors into account when determining property division. Generally, when there is a long-term marriage, the court’s most of the time divide the assets equally.
Passionately Serving Michigan Families in Need
Whether you’re filing for divorce, engaged in a custody dispute, or wish to amend a parenting plan, it’s crucial to secure support from a skilled Oakland County family lawyer, as they can prioritize your family’s unique needs and help you protect what matters most.
Given that family law affects many aspects of life—our households; our marriages; our children; and our day-to-day routines, to name a few—it’s imperative to seek legal representation from an attorney who will make your personal goals their own and fight to obtain an ideal outcome in court.
Our dependable family lawyer can help you achieve resolution while keeping familial conflict and stress to a minimum during legal proceedings. While family law matters can be confusing and costly to our emotional and mental health, you don't have to undergo these hardships alone.
Reach out to our office today to learn how we can help your family transition to the next chapter. Our firm is proud to serve our clients in Farmington Hills, Bloomfield, Troy, Southfield, Rochester Hills, Pontiac, Royal Oak, Novi, and all surrounding areas.
If you’re preparing for a family law case, it’s critical to secure legal representation you can trust. Call (248) 599-0054 or contact us online to discuss your case with a compassionate Farmington Hills divorce attorney.
