Michigan Child Custody and Child Visitation

Like most of the country, Michigan courts will base their child custody and child visitation rights decisions on the best interests of the child standard. The best interests of the child will be decided through an assessment of a number of factors used by Michigan courts. If parents can come to a compromise on how to raise their child, then the courts role will be much more limited. However, Michigan courts will intervene and make the tough decisions for the parents if they cannot come to a compromise on Michigan child custody and Michigan visitation rights. A Michigan child custody attorney can help you so you do not go into these court procedures alone and unprepared.

Michigan Child Custody

When creating a child custody order, Michigan courts will do what is in the best interests of the child by considering a number of factors. These factors are assessed with the background understanding that the ultimate decision should minimize the emotional impact on the child. The following factors are considered by courts in Michigan (non-exhaustive):

• The nature and extent of the child’s relationship with the parent.
• Each parent’s ability to give the child guidance and love.
• Each parent’s moral, physical, emotional, and psychological fitness.
• The child’s well-being in the home, school, and community.
• Each parent’s history of violence.
• Each parent’s criminal history.
• The child’s reasonable wishes.

Michigan courts also recognize a form of child custody called joint custody. As always, the best interests of the child must be met by awarding joint custody. The same factors listed above will be assessed before making a decision on whether to grant joint custody.

If a child custody dispute arises between a parent and an agency or third party, there is a presumption that the best interests of the child are served by awarding custody to the parent(s). This may be contested as long as there is clear and convincing evidence that awarding the child to the parent(s) is not in the child’s best interests.

The child custody processes’ complex and vital nature makes it highly recommended that you hire a Michigan child custody lawyer to ensure adequate representation.

Michigan Child Visitation Rights

Parent and nonparents who are not granted custody may receive visitation rights in Michigan. Visitation rights refer to the ability to visit and spend time with a child. In the same manner that is used to decide child custody, Michigan courts aim to serve the best interests of the child when deciding child visitation rights. Visitation rights will be granted in a manner that will foster a strong relationship between the parent and child. A child has a right to visit with his or her parent unless doing so would endanger the child’s physical, mental, or emotional well-being.

Factors taken into consideration when deciding the frequency and duration of child visitation rights in Michigan include:

• Any special circumstances the child faces
• Reasonable likelihood of abuse or neglect during visitation
• Whether the parent can reasonably be expected to exercise his or her visitation time with the child
• Whether the parent has failed in the past to utilize his or her visitation time with the child

If one parent is found to have violated the child custody or visitation rights of the other, then the following consequences may result in a Michigan court:

• civil contempt proceedings against the interfering parent;
• modification of the existing custody/parenting plan;
• a mediation session; or
• apply a makeup parenting time policy.

Parents or nonparents vying for visitation rights are recommended to consult a Michigan child custody lawyer with experience in visitation rights procedures so they will have beneficial representation in court.

Michigan Complied Laws

1. Michigan Child Custody
   • Chp. 722 §§ 722.23, .25, .26a.
   • Chp. 552 §§ 552.15, .16, .17, .641.
2. Michigan Visitation Rights
   • Chp. 722 §§ 722.27a.