Michigan custody laws state that child custody can be granted as legal and/or physical custody. These can each be granted jointly or separately, depending on the circumstances. Whichever party obtains legal custody of the minor will be responsible for the major decisions including financial and medical decision as well as educational ones. Both divorced parents can share these legal rights, depending on negotiations and amiability of the parties. Physical custody occurs when the child is in the presence of one parent. This can be shared, also, per the terms of shared or joint custody. While many couples agree to negotiate the terms of child custody out of court, and without the help of an attorney, an attorney’s counsel and fees are minor compared to the emotional turmoil that a non-enforceable, not legal agreement could do to harm a family.
It is important to find a divorce attorney who will work with clients to directly address their child custody needs and negotiations. It is important to find a compassionate, skilled divorce attorney who has a family-centered approach to assist each party in these negotiations to find a legal, binding, enforceable agreement that will benefit all parties while keeping the needs of the child paramount.
One thing to look for when seeking the counsel of a child custody attorney is to find someone who has extensive experience representing clients in seeking child custody modification. Some reasons for custody modification could include: a substantial increase in the child’s age, dramatic change to a parent’s income level, one parent relocating to another state, evidence that the current living arrangement puts the child at risk of physical or emotional harm, or the custodial parent refusing visitation by the non-custodial parent.
It is wise to consult with an attorney when arranging or modifying a child custody agreement in order to protect your relationship with your child and make the agreement legally-binding.
Written on behalf of Stacy L Van Dyken
