Child custody and parenting time are two important concepts in Michigan family law, and they are governed by the Michigan Child Custody Act.
There are different types of custody, including legal custody and physical custody. Legal custody refers to decision making authority. When parents share joint legal custody, they must work together to make major decisions about the child’s education, medical care, and general welfare.
Physical custody refers to where the child primarily resides. If one parent has sole physical custody, the child lives primarily with that parent, and the other parent typically has scheduled parenting time. Joint physical custody means that both parents share in the child’s residential schedule. In many cases this results in a near equal division of time, but it does not always mean an exact fifty fifty split. Work schedules and other practical considerations often affect the arrangement.
When custody is disputed, Michigan courts evaluate fourteen statutory best interest factors to determine what arrangement serves the child’s welfare. These factors help the court decide whether sole or joint custody is appropriate.
Parenting time, sometimes referred to as visitation, is the schedule that outlines when each parent will spend time with the child. Even when one parent has sole physical custody, the other parent is generally entitled to reasonable parenting time unless there are serious concerns.
If you have questions about custody, parenting time, or any other family law matter, Clarkston Legal is here to help.
