CHILD CUSTODY
If you are in need of assistance with establishing or modifying a child custody and parenting time plan, the dedicated family law attorneys at Cicchelli Law Offices, PLLC are here to support you. When it comes to custody matters, there are three (3) main aspects that are typically addressed: legal custody, physical custody, and a parenting time schedule.
Having a knowledgeable attorney who stays up-to-date with the court’s evolving stance on custody and parenting time is crucial. Equally important is finding an attorney who can offer innovative solutions to complex custody issues and help you develop a strategic approach to achieve your parenting goals.
In determining custody and parenting time arrangements, the court considers various factors to determine what arrangement is in the best interest of the child or children involved. These factors may include:
The love, affection, and other emotional ties existing between the parties involved and the child.
The capacity and disposition of the parties involved to give the child love, affection, and guidance, and to continue the education and raising of the child in his or her religion or creed, if any.
The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
The permanence, as a family unit, of the existing or proposed custodial home or homes.
The moral fitness of the parties involved.
The mental and physical health of the parties involved.
The home, school, and community record of the child.
The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child’s other parent. MCL § 722.23
Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
Any other factor considered by the court to be relevant to a particular child custody dispute.
The court may also consider the following factors when determining the frequency, duration, and type of parenting time to be granted:
The existence of any special circumstances or needs of the child.
Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing.
The reasonable likelihood of abuse or neglect of the child during parenting time.
The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.
The inconvenience to, and burdensome impact or effect on, the child due to traveling for purposes of parenting time.
Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.
Whether a parent has frequently failed to exercise reasonable parenting time.
The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent’s temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent’s intent to retain or conceal the child from the other parent. MCL § 722.27a
Even after a custody or parenting time plan has been established, substantial life changes may necessitate a modification. We have successfully represented clients who sought to change their custody or parenting time arrangement for one or more of the following reasons:
Parent needs or wants to relocate for employment or educational opportunities
Parent remarries
Child’s school schedule or education needs change
Parent is abusive or abusing substances