Best Interest of the Child(ren) in a Child Custody Matter - Michigan Law Services, PLLC - Sterling Heights, MI
An Overview of Child Custody in Michigan - Michigan Law Services, PLLC, Shelby Township, MI Family Attorneys PDF Print E-mail

The law of child custody has come full circle.  It has changed from the ancient principle that a father has an absolute property right to his children and their services, to the idea that a mother is almost always the best custodial parent (see MCL 722.541, repealed by 1970 PA 91), to the current gender-blind “best interests of the child” philosophy espoused by the Michigan Child Custody Act of 1970. 

The Child Custody Act demands an assessment of the ability of individual parents to care for their children, and, although old assumptions die hard in any area of the law, the act has largely supplanted the law and assumptions that preceded it. The act standardizes the criteria for the best interests of the child and creates a comprehensive framework for decisions regarding child custody.

In establishing custody or modifying existing custody arrangements, the court must consider each of the statutory factors and make specific findings on the record.  The best interests standard applies to custody disputes between parents, between agencies, and between third persons. In addition, before ruling on a request to change custody, the trial court must determine whether an established custodial environment exists.  If an established custodial environment exists, a change may be made only on "clear and convincing evidence" that it is in the child’s best interests; otherwise, a much lesser “preponderance of the evidence” standard is sufficient to change custody. Whether an established custodial environment exists is a question of fact for the trial court. 

Since these are questions of fact, a strong presentation and argument is essential to convincing the court that custody needs to be changed or not.  A family law attorney can help you every step of the way in determining the proper course of action.  For a free consultation on your child custody case call Michigan Law Services, PLLC at 586.991.1SUE (1783) or Online.

 
Child Custody / Parental Rights PDF Print E-mail

At Michigan Law Services, PLLC, we are attorneys who believe in pursuing favorable outcomes for our clients with an eye toward the overall results of each action. In addition, we are unfailingly honest about likely outcomes, based on our knowledge of the relevant laws and the courts in the area of southeast Michigan. If you need to know your legal options regarding divorce, child custody or another family law matter, contact us today for a free consultation.

Contested Divorce — Parental Relocation — Modifications of Orders

We are prepared to counsel and represent you in:

  • A divorce case requiring resolution of child custody and visitation/parenting time or related issues, including exploration of a joint custody order
  • Custody issues arising from parental relocation, including interstate cases when the existing order is in Macomb, Oakland, St. Clair or Wayne County, Michigan
  • Your effort to obtain — or prevent — a change in custody due to a substantial change in circumstances, such as alleged failure of one parent to adequately care for a child, or a "change of domicile"
  • Seeking other types of post-divorce modifications, including those governing the amount of child support you are required to pay or receive

Fast, Dedicated Action to Protect Your Parental Rights

If you have been contacted by the Department of Human Services about an incident or conditions in your home, or your child's truancy/delinquency, a process that could result in removal of your children has already begun. Our attorneys are dedicated to defending parental rights and working toward positive solutions when allegations of child neglect or child abuse are made.

On your behalf, we can investigate, file a petition and build your defense against allegations, including spousal assault, uncleanliness, malnutrition or inappropriate sexual contact in your home. We will work vigorously to prove your innocence and protect your family.

Striving for Maximum Efficiency and Favorable Results in All We Do

We have obtained positive results for men and women in a range of child custody matters, defending both parental rights and the best interests of the children involved. Our use of current communications technology enhances the efficiency of these efforts, even when our client now resides outside the state.

For a free consultation on your child custody concerns and legal options, please contact one of our attorneys today. We are responsive to your needs, and we accept major credit cards in payment for our services.

 
Best Interest of the Child(ren) in a Child Custody Matter - Michigan Law Services, PLLC - Shelby Township - Macomb County Michigan PDF Print E-mail

Few things in life are more worth fighting for than your right to care for, guide and influence your own children. Disputes between parents over child custody are emotionally sensitive and often volatile, whether they occur as part of a divorce, sometime after divorce or between unmarried couples.  This is a very brief overview of how the courts in the State of Michigan and the Macomb County Circuit Court handle issues of child custody.

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