Detroit, Michigan, Child Custody Attorneys
Divorce or separation is frustrating and overwhelming for parents; however, the separation is even more challenging and emotionally distressing for the children involved. We believe that it is important, if possible, to resolve child custody battles quickly and peacefully to avoid further turmoil for the children.
At the Schwartz Law Firm, in Farmington Hills, we can help you and your family through this difficult time. We understand the anxiety you may experience when facing a child custody dispute. Our attorneys fight for your rights and your child's best interests. Contact our family law firm to speak with a skilled child custody attorney.
All child custody and support issues are determined based upon what is in the best interest of the child. Generally, if parents agree on a parenting plan, courts will agree. Disagreements can be resolved though negotiations, through mediation or in court. We fight for our clients' rights in mediation or in trial to determine parental rights and resolve all issues involving child custody such as the following:
- Legal custody: Child custody is divided into legal custody and physical custody. Legal custody governs which parent has the right to make important decisions involving the child, such as religious upbringing, schooling, decisions regarding health and other decisions. Typically, the court considers it to be in the child's best interest for the parents to have joint legal custody, but every case is different. In some situations, a court may award sole legal custody to one parent.
- Physical custody: Physical custody refers to which parent has primary physical custody of the child. Increasingly, the term "primary residence" is used. It is common for parents to agree on joint legal custody, but to disagree on physical custody. The label of which parent has physical custody may matter less than nurturing the parent-child relationship with both parents and maintaining relationships through consistent, reasonable parenting time schedules. We assist clients in negotiating parenting agreements that are in the child's best interests and are satisfactory to both parents. We aim to help clients not get bogged down in excessive, expensive bickering about minor details, and focus on the goal of protecting a nurturing family life for their children.
- Joint Custody: Courts are required to consider a joint custodial arrangement when requested by either party. Not all cases are well-suited for joint custody arrangements, particularly when the parents are unable to cooperate or agree on major decisions for the children such as where they will attend school, types of medical treatment or religious upbringing. Each case is decided on its own merits.
- Visitation/parenting time: Because it is generally in the child's best interest to have a strong, meaningful relationship with each parent, the non-custodial parent will usually have a right to parenting time. The Michigan parenting time schedules are an informative starting point for parents crafting shared parenting schedules. If there are extenuating circumstances such as drug or alcohol problems, supervised parenting time might be required for the parent with the problem. We are experienced in negotiating non-traditional visitation schedules to work most effectively with our clients.
- Child support: The custodial parent will be awarded child support according to the Michigan child support guidelines. However, child support may be adjusted to include support for health insurance, daycare costs and other needs.
- Post judgment modifications: Custody, parenting time and support remain modifiable until the child turns 18 or 19 ½ if still in school. A court may modify its custody and parenting time orders upon a showing of proper cause or change in circumstance, and its support orders upon a change of circumstance. The court recognizes that no family will remain the same forever. Change of domicile is one reason that many divorced parents need to request post judgment modifications. But other factors exist as well: job loss, abuse, relocation or change in the needs of the children may constitute a sufficient change to warrant modification of one or more of these provisions in a judgment. Our attorneys advocate on behalf of our clients and their children's best interests with regard to modifications of child custody, visitation, child support and other matters — including matters of interstate support and custody.
Our child custody lawyers are committed to providing compassionate and cost-effective legal representation. We listen to your goals and provide informative guidance so you can make the best decisions for you and your family. We fight to protect your rights and meet the needs of your children. Contact our child custody attorneys in Oakland County for a free consultation and experienced legal advice regarding paternity disputes, child support, spousal support or any family law issue.
