Physical custody involves where the children live and what the parenting plan or visitation schedule is. Legal custody is the right to participate in major decisions affecting the children, such as whether or not to have surgery, whether or not to attend a private school, whether or not to get therapy or counseling or an abortion. Legal custody usually involves issues regarding third parties such as the doctor, the teacher, or the therapist. In these cases a typical arrangement would be to have the children with their respective custodial parents during the week, and on the first and third weekend all children would be with one parent, while the second and fourth weekend all children would be with the other parent.
This allows for the siblings to spend time together. Notwithstanding any other provision of law, a parent shall not be denied access to records or information concerning his or her child because the parent is not the child's custodial parent, unless the parent is prohibited form having access to the records or information by a protective order. As used in this section, "records or information" includes, but is not limited to, medical, dental, and school records, day care providers records, and notification of meetings regarding the child's education.
Accordingly, a parent does not need to have joint or sole legal custody to have access to school and health records. Michigan has a Child Custody Act that contains a list of best interest factors. This is used to decide custody where people have never been married to one another. If people have been married, then there is a divorce statute that includes provisions for property distribution and alimony.
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Interestingly, the divorce statute refers people back to the Child Custody Act for the list of best interest factors, so the issues are the same in custody matters whether the parents were ever married or not. There are many ways that legal custody is decided in Michigan. First, a party requests what he or she wants in the complaint for divorce or the answer to that complaint. If legal custody is disputed, or physical custody is disputed, the court usually refers the case to the Friend of the Court.
The Friend of the Court evaluator may also talk to teachers, friends, family members, and other parties in the course of the investigation as well as reviewing report cards and other documents that are either requested or supplied by the parties themselves. Before the interview, the parties are given forms to complete which contain information that is necessary.
After reviewing the information, the Friend of the Court evaluator issues a recommendation. If both parents accept the recommendation, then the court can consider entering an interim order which converts the recommendation into an interim order of the court. If one or both parties reject the recommendation, then the court holds a hearing to determine the next step.
At the hearing, the court could adopt the recommendation if it is consistent with the status quo or hold an evidentiary hearing to decide what the legal and physical custody should be during the pendency of the case.
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The referee is an attorney employed by the Friend of the Court to preside at these hearings, which take place in a conference room of the Friend of the Court. At a referee hearing, the parties are present as well as their attorneys. Witnesses can be called, but they are asked to remain in the hallway until it is time for them to testify. If it is accepted, it may be time for the parties to agree to a judgment of divorce which includes the terms of the recommendation.
If there is any evidence that could not be presented at the referee hearing e.
Frequently Asked Questions
Actually, the court now has the power to order people into mediation. A trained mediator presides and attempts to help the parties reach a settlement on one or more of the issues in the case.
If the parties cannot reach a settlement, then the matter proceeds to trial. Parties often reach a settlement themselves or with the help of their attorneys. As an aside, there are official training programs for mediators.
Child Support and Custody
A person does not need to be an attorney to become a mediator; however, a mediator has to have taken the official training program or get an exemption from that requirement to appear on a court list of available mediators. Sometimes this is a friend or family member. Sometimes this is a member of the clergy or a marriage counselor. The court is supportive of any respectful and effective means of resolving issues.
The court shall not modify or amend its previous judgments or orders or issue a new order so as to change the established custodial environment of a child unless there is presented clear and convincing evidence that it is in the best interest of the child. The custodial environment of a child is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort.
The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall also be considered. In a nutshell, it is a big mistake to settle for one form of custody believing you can just wait for a while and then petition for a change without many of the facts also changing. The Legislature has concluded that stability for children is an important goal.
As a result, it is very hard to change custody once it has been established. This is considered by the same people who consider custody, that is, the Friend of the Court, a mediator, or the judge.
Hearing Dates
The same best interest factors are used as are used to determine custody. There is no typical parenting plan. The tender years doctrine has been repealed, and now fathers of young children can be awarded custody. These days, every other weekend often includes a pick-up from school instead of after dinner and a return to school on Monday morning. That provides three benefits:. Many parents also have a mid-week visit, which might include an overnight, and liberal telephone contact. Parties can design their own parenting plan.
Often, extracurricular events and work schedules will affect the plan they choose.
A Closer Look At The Divorce Process In Michigan
The Michigan Parenting Time Guideline. The Friend of the Court generally uses a standard holiday plan which can change but is likely to look like this:. Another approach is to have Memorial Day, July 4 th , and Labor Day be three day weekends which would then alternate. Long breaks can be alternated as a whole so that one of the parents could take the children to Florida, for example or they can be split.
There is much flexibility with regard to holiday parenting time. Vacations are a separate subject.
Usually, parents will be expected to exchange proposed vacation schedules by April or May. The Friend of the Court, or the court itself, will require the parties to produce tax returns or verified statements of income. If parties are self-employed, then the court will decide what expenses are justified. Once income is known, then the Child Support Guidelines a statewide, mandatory computer formula is applied.
The formula is based on incomes, the number of children, and the number of overnights primarily. The formula takes into account children from another relationship or marriage that a parent is also supporting as well as mandatory union dues and other fixed costs. The court cannot order parents to pay for college or pay "post-majority" support.
Probate & Family Court - Houghton County, Michigan
If parties agree to this, however, the court can enforce this agreement. Because support is now collected at a statewide level, the State can distribute payments to numerous payees if a payor has a child in more than one county or subject to more than one court proceeding. This is to avoid Mr. Child support is always modifiable. The FOC is usually willing to consider a motion to modify support every years.
The party seeking modification must file a motion to modify support, and then the modification can only be retroactive to the date of that petition and not before absent narrow circumstances like fraud in stating income. This iframe contains the logic required to handle Ajax powered Gravity Forms.