FAMILY LAW
Custody
Custody is not as simple as many people believe. There are different types of custody that you need to be aware of, and how each may affect your particular situation.
Legal custody of a child is the right and obligation to make decisions about a child's upbringing. Decisions regarding schooling and medical care are made by a parent with legal custody. Courts may also award joint legal custody to the parents, this means that the decision making must be shared.
Physical custody is the right of a parent to have a child live with him. Michigan recognizes the concept of joint physical custody where the child spends approximately half the time in each parent's home. Sole custody typically means that the custodial parent has physical custody of a child, and that the non-custodial parent has parenting time. In Michigan, courts are moving away from awarding sole custody to one parent, and they are often enlarging the role a father plays in his children's lives. The non-custodial parent is required to pay the custodial parent child support, the amount of which is calculated using a set formula.
The law of custody in Michigan is that if there is no "established custodial environment," then the court will award custody based the best interests of the child. If there is an "established custodial environment," then the other parent must show by "clear and convincing evidence" that the established custodial environment should be changed (a high burden).
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