SOLE CUSTODY VS JOINT CUSTODY ARRANGEMENTS IN MICHIGAN
When couples end their marriage or relationship, their parenting time is often divided. How much time they have to spend with their children is outlined in a child custody agreement. In Michigan, the court can give two types of child custody, these include sole custody and joint custody.
SOLE CUSTODY
Sole custody arrangements, as outlined by the American Bar Association, entail one parent shouldering the primary responsibility for the day-to-day care of their children and wielding decision-making authority over significant aspects of their lives. This includes crucial determinations related to education, healthcare, and general welfare.
However, it's essential to note that the noncustodial parent, the one not granted sole custody, still retains certain rights. The noncustodial parent is typically afforded opportunities for parenting time, allowing for meaningful and regular interactions with the children. This could involve spending extended periods during vacation times, weekends, or overnight visits. Despite not being the primary custodian, the noncustodial parent plays a vital role in the children's lives, fostering an ongoing and supportive relationship.
Sole custody arrangements require clear laws to protect the rights and duties of both parents. This is crucial for the well-being of the children involved. Seeking legal counsel can be instrumental in navigating the complexities of sole custody arrangements, facilitating a structure that promotes the well-being of the children while addressing the rights and responsibilities of both parents.
JOINT CUSTODY
The Michigan Supreme Court delineates two distinct forms of joint custody, encompassing both joint physical custody and joint legal custody. In instances where joint legal custody is granted, both parents share the responsibility and authority to make crucial decisions impacting their children's well-being. This extends to matters such as education, healthcare, and overall welfare.
Conversely, joint physical custody involves allocating specific periods for each parent to spend time with their children. However, it's important to note that joint physical custody doesn't necessarily imply an equal division of time. The nuanced nature of this arrangement allows for flexibility, enabling parents to tailor schedules to meet the unique needs of their family dynamics. For instance, one parent might assume caregiving responsibilities during the school week, while the other parent enjoys designated weekends with the children.
Joint custody is complex and requires personalized legal arrangements that prioritize the children's needs and unique circumstances. It is important to get legal advice for creating a joint custody plan.
This plan should consider the rights and responsibilities of both parents. It should also focus on the well-being and stability of the children. This is especially important as the family goes through changes.
FACTORS THAT IMPACT CUSTODY ARRANGEMENTS
The Michigan Supreme Court states that the court must consider ordering joint custody if one of the parents requests it. If both parents agree to share custody, they will typically receive joint custody of their children. However, there may be exceptions if the court determines that it is not in the best interest of the children.
When determining the best interests of the children, the court considers a variety of factors. These include some of the following:
The ability of each parent to provide his or her children with guidance, affection, and love
The mental and physical health of each parent
The capacity each parent has to provide his or her children with medical care, food, and clothing as well as each parent’s ability to meet his or her children’s material needs
Getting help from a family lawyer with experience dealing with custody arrangements in Michigan is very important and necessary. The law offices of Harris and Literski provide important help, guiding people through these complicated processes. We ensure fairness and completeness and prevent problems that can arise throughout the custody battle.
