Child Custody – Focusing on Children during Divorce
Child custody can be one of the most contentious issues in a divorce. At the Law Office of Victor J. Zanolli, I work hard to protect children from the negative effects of divorce. One of the first things I do when talking with clients is to help them understand the consequences of divorce on their children. This allows them to develop custody proposals that are in the best interest of their children and that work for them.
Variations in Michigan Child Custody
Custody comes in two forms—legal and physical. Legal custody is the term that describes the arrangement for major decision-making in areas such as schooling, religion, medical and other significant issues that affect the child. Physical custody refers to which parent the child will reside with on a daily basis. Physical and legal custody can be awarded to both parents or may be granted to only one parent.
Factors – Best Interest of the Child
The Michigan Child Custody Act states that "the best interest of a child" must be the court's guide in custody disputes. The courts look at the following factors:
- The love, affection and other emotional ties existing between the parties involved and the child.
- The capacity and disposition of the parties involved to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
- The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care and other material needs.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of the parties involved.
- The mental and physical health of the parties involved.
- The home, school and community record of the child.
- The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
- The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
- Domestic violence, regardless of whether the violence was directed against or witnessed by the child
- Any other factor considered by the court to be relevant to a particular child custody dispute.
These factors are taken in summation, meaning the court evaluates all the above factors when making decisions about what custody arrangement best serves the interests of the child.
Resolving Child Custody Disputes
When handling a child custody dispute, my first priority is protecting what the courts refer to as "the best interest of the child." In many cases, parents generally agree on the terms of a visitation schedule and other elements of a child custody arrangement.
When disputes arise, I will protect your rights as a parent and make sure the courts take your wants, needs and concerns into consideration. Knowing how important it is to maintain a good relationship with your child, I am committed to helping achieve your goals.
Parenting Time
When the judge gives physical custody to one parent, he or she almost always awards parenting time to the other parent. In some instances, the judge specifies the exact schedule the parent and child can be together. In other cases, the parents determine a schedule where the non-custodial parent has "parenting time."
In rare instances where the non-custodial parent may be unfit, the court may order supervised parenting time. This usually occurs when the parent may be likely to be abusive, not take proper care of the child, or expose the child to drug or alcohol use or abuse. An attorney can advise you about your options under such circumstances.
Contact Information
Contact a Southfield, Michigan lawyer. Call the Law Office of Victor J. Zanolli toll free at 877-838-2021 or complete my contact form for a free initial consultation to discuss child custody arrangements that are in your child's best interest.
