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CustodyCustody

This issue is the most emotional and traumatic part of the majority of family law cases and is frequently the hardest battle in which an adult will engage.  Under Michigan law, there is both legal and physical custody of minor children.

Legal custody is the decision making part of raising children and physical custody determines who physically raises the child.  The basis for determining child custody is the “best interests of the child” pursuant to the factors under the Michigan Child Custody Act:

  1. The love, affection, and other emotional ties existing between the parties involved and the child.
  2. 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.
  3. 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.
  4. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
  5. The permanence, as a family unit, of the existing or proposed custodial home or homes.
  6. The moral fitness of the parties involved.
  7. The mental and physical health of the parties involved.
  8. The home, school, and community record of the child.
  9. The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
  10. 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.
  11. Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
  12. Any other factor considered by the court to be relevant to a particular child custody dispute.
MCL 722.23


Due to the extensive nature of custody disputes and the law involved,
this subject is best left to an in-depth discussion with your attorney.

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Child Support

A child has an inherent right to the support of his or her natural parents and both parents ore obligated to support a minor child unless a court modifies or terminates the obligation or the child is emancipated.  Unless there is an adoption or other termination of parental rights, the support obligation remains with the child’s legal parents and is set pursuant to the Michigan Child Support Formula.  Under the Michigan Child Support Formula, a child support obligation includes payment for the general care and needs of a child, medical support, and child care expenses.

The first step in calculating a parent’s support obligation is to determine both parents’ individual incomes and any allowable deductions from income.  Next, the court considers if either parent has additional children from other relationships, adjusts the base obligation with a parental time offset, determines health care coverage obligations and premiums, and verifies child care obligations.  Once these factors have been evaluated, child support is set pursuant to the Michigan Child Support Formula unless application of the Formula would lead to an unjust or inappropriate result. 


Due to the extensive nature of child support disputes and the law involved,
this subject is best left to an in-depth discussion with your attorney.

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