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A number of custody arrangements
are possible. The most common are:
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Joint
Legal Custody:
Means that parents will communicate
and cooperate with one another and attempt to reach
mutual decisions regarding major issues affecting
their children. This decision making process includes,
but is not limited to: major medical decisions, educational
decisions, and religious upbringing, if any. |
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Joint Physical
Custody: Means
that children live with one parent part of the time
and the other parent part of the time. This time does
not have to be equal. The parent who has care of the
children at any given time is responsible for routine
decisions regarding the children. |
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Primary Physical
Custody: Means
that the children live primarily with one parent. |
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Primary Legal
Custody: Means that
the children live with one parent and that parent
is responsible for making major decisions regarding
the children. |
| Parents are encouraged
to reach their own agreements regarding custody. When parents
cannot agree, the judge must decide by considering all of
the following factors of the Michigan Child Custody Act.(MCL
722.23;MSA 25.312(3))
(a) The love, affection and other emotional ties existing
between the parties involved and the child.
(b) The capacity and disposition of the parties involved to
give the child love, affection and guidance and the continuation
of the educating and raising of the child in its religion
or creed, if any.
(c) The capacity and disposition of the parties involved to
provide the child with food, clothing, medical care and other
remedial care recognized and permitted under the laws of this
state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory
environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed
custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school and community record of the child.
(i) The reasonable preference of the child, if the court deems
the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parents to
facilitate and encourage a close and continuing parent-child
relationship between the child and the other parent.
(k) Domestic violence, regardless of whether the violence
was directed against, or witnessed by the child.
(l) Any other factor considered by the court to be of relevance
to a particular child custody dispute. |
| How
do I get an order for custody? |
| A petition must be filed
requesting custody. If parents agree, they may sign an
agreement (stipulated agreement and order, available at
the FOC Office), and obtain the judge's approval. That
agreement can then be entered as a custody order. |
| How
do I change an existing order for custody? |
| A petition must be filed
to change a custody order. If parents agree, they may
sign an agreement (stipulated agreement and order, available
at the FOC Office) and obtain the judge's approval. That
agreement will then change the custody order. |
| Can
I file my own petition for custody? |
| You may file your own
petition. Petition packets are available at the FOC Office,
known as an In Pro Per or Pro Se (which means, essentially,
"on your own") petition. However, it is important
to remember that the court will still hold you to the
same rules to which an attorney would be held. There may
be many complex issues involved in a custody case and
you may wish to have an attorney represent you. The Friend
of the Court cannot file a petition for you, nor can they
provide you with an attorney. |
| Is
there any way the Friend of the Court can assist parties in reaching
an agreement regarding custody? |
| The Friend of the Court
will provide domestic relations mediation whenever there
is a custody dispute. Mediation allows an impartial third
party to assist parents in settling their custody dispute.
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What happens if I have an order for custody
and the other parent does not return the child to me as stated in
the court order? |
1) You may contact the Friend of the
Court and request enforcement.
2) You may contact your attorney.
3) If you have reason to believe the other parent
does not intend to return the child, you may contact
the police or the prosecuting attorney and request that
criminal charges be filed. |
| Does
the Friend of the Court have an obligation to investigate alleged
abuse or neglect of a child? |
No. Allegations of abuse or neglect
should be reported to the Protective Services unit of
your local Department of Human Services (Department
of Social Services) office.
The Friend of the
Court has a duty, when ordered by the court, to conduct
an investigation when a party files a custody, or parenting
time, petition. Claims of abuse or neglect should be
disclosed to the Friend of the Court during their investigation. |
Can my child enroll in the school district
I live in, even though the child lives with the other parent most
of the time? |
Michigan law provides that a child may
enroll in a school district where either parent resides,
regardless of which parent has custody. Where a child
regularly resides in two school districts as a result
of a joint custody order, the child may attend school
in either or both of the districts. |
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Friend of the Court,
100 S. State St., Suite. M-10,
Hart, MI 49420,
(231) 873-4605
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