Child Custody Disputes in Wayne County

If you are seeking a Romulus child custody lawyer, Attorney Todd Barron is prepared to help you.  Mr. Barron handles child custody cases in Wayne County, Michigan, but he is willing to consult on child custody cases in Washtenaw County and Monroe County.  

There are two types of custody in Michigan: legal custody and physical custody. The court can award each type of custody to both parents (called "joint" custody), one parent ("sole" custody) or neither (which is rare). Legal custody gives you the right to make decisions regarding your child. Normally, both parents will get legal custody unless the court is convinced that only one parent should have it. Physical custody means that you have the right (and obligation) to raise the child in your home. Often the court will grant physical custody only to one parent. If the court grants joint physical custody, the child will essentially have two homes and will alternate between them (for example, one week in each). The court will grant sole physical custody to one parent and award parenting time to the other if economic and other practical realities (for example, distance and work schedules) require it.

Joint custody means that both parents are responsible for making all major decisions in the child's life. Even if one parent has significantly more physical parenting time with the child, both parents are required to have input in all major life decisions, including religion, schooling, and medical treatment. In a sole custody situation, both parents still have periods of responsibility with the child, but only one parent is responsible for making major life decisions as they relate to the child. The Court determines custody based on what it believes to be the best interests of the child. It will not award joint physical custody unless both parents can demonstrate a level of maturity, willingness and ability to set aside their
personal differences in order to decide what is in the best interest of their child. If the parents can't agree on custody, the Court can appoint a guardian to conduct an investigation and make a recommendation about custody and visitation.

At a contested child custody hearing, the Court must consider the following factors.  Each of these factors must be evaluated and determined by the Court:

(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 to continue the education and raising of the child in his or her religion or creed, if any.

(c) 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.

(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 considers the child to be of sufficient age to express preference.

(j) 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.

(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 relevant to a particular child custody dispute.

Child custody cases in Wayne County must be evaluated by an experienced child custody lawyer before a complaint or motion is filed with the Wayne County Circuit Court, and these cases require extensive work by the child custody lawyer.  These are not easy cases.  A child custody case can be taxing on both parents as well as the child custody lawyer because the stakes are high and the end result can have serious ramificaitons for either party as well as the minor child or children.

If you find yourself in a situation where you must file a petition regarding child custody, please give our office a call to discuss your case.