Rochester Hills Child Custody Lawyer

Determining child custody is often one of the most contentious aspects of a divorce. The child custody order will set forth how much time the minor children will spend with each parent and what that parent’s responsibilities and legal rights are when it comes to decision-making.

Arguing over child custody is an emotional part of a Michigan divorce, and you should speak with a Rochester Hills child custody lawyer before proceeding. It is imperative that child custody disputes are resolved as quickly and painlessly as possible to reduce the potential trauma to your children.

Custody of a child is determined based on what is in the best interest of the child. Usually, if parents agree on a parenting plan, the courts will affirm it. If you and your ex disagree on custody, you need to resolve it through negotiations. At Robbins & Licavoli, PLLC, we represent clients in family law matters, including child custody disputes. We can help fight for your rights during parenting time negotiations or during trial if you can not reach an agreement.

Legal Custody Versus Physical Custody

Custody can be divided into two main types — physical and legal custody. Legal custody is what determines who has the right to make important decisions on the child’s behalf. These decisions can include schooling, healthcare, religious upbringing, and more. Courts typically default to the position that it is in the best interest of the child to have both parents share joint legal custody, but there are situations in which it makes sense to award legal custody to only one parent.

Physical custody refers to where the child spends time. One parent will be awarded primary physical custody, which determines where the child’s “primary residence” will be. This is typically the area in which most disputes arise. Our skilled Rochester Hills child custody lawyers can help negotiate a parenting plan on which both parents can agree.

Factors Determining the Child’s Best Interests

In Michigan, child custody is governed by the Child Custody Act of 1970. There are 12 main factors that the court will use in deciding what is in the child’s best interests. A few of these are:

• The mental and physical health of the parents
• Child’s home, community, and school records
• The affection, love, and emotional ties that exist between the child and the parents
• The moral fitness of the parents
• Is there a history of domestic violence, regardless of whether it was directed to, or witnessed by, the child?

Contact a Rochester Hills Child Custody Lawyer

If you need assistance with a Michigan child custody dispute, or you need to draft a parenting time agreement, contact Robbins & Licavoli, PLLC at 248-723-8709 to schedule a consultation.