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In Michigan, a mother's custody and visitation rights, referred to as "parenting time," are determined by the court with the guiding principle of what is in the "best interests of the child." Michigan law presumes that a strong relationship with both parents is in the child's best interest.
Here's a breakdown of the key concepts:
It's important to understand the distinction between these two legal terms in Michigan:
Custody: This refers to the legal authority to make important decisions about the child's life (legal custody) and where the child lives (physical custody).
Legal Custody: This involves making major decisions about a child's education, healthcare, and religious upbringing. It can be sole (one parent makes all decisions) or joint (parents make decisions together).
Physical Custody: This determines the child's living arrangements. It can be sole (the child lives primarily with one parent) or joint (the child lives with each parent for specific periods).
Parenting Time: This is the legal term for what is commonly known as "visitation." It's the time a parent spends with the child. A parent has the right to parenting time unless it is proven by "clear and convincing evidence" that it would endanger the child's physical, mental, or emotional health.
When making custody and parenting time decisions, the court considers a set of 12 factors to determine what is in the child's best interest. These include:
The love, affection, and emotional ties between the child and each parent.
The ability and willingness of each parent to provide the child with love, affection, guidance, and to continue their education and religious upbringing.
The ability and willingness of each parent to provide the child with food, clothing, medical care, and other material needs.
The length of time the child has lived in a stable environment and the desire to maintain that continuity.
The permanence of the existing or proposed custodial home.
The moral character and mental and physical health of all individuals involved.
The home, school, and community record of the child.
The child's reasonable preference, if the court considers them old enough to express it.
The willingness of each parent to facilitate a close and continuing relationship between the child and the other parent.
Any history of domestic violence.
Any other factor the court considers relevant.
Unmarried Mothers: In Michigan, if the parents are not married, the mother automatically has legal custody of the child until a court order is issued. However, the father can establish paternity and file a court case to determine custody and parenting time.
Married Parents: During a divorce or separation, custody and parenting time are determined by the court as part of the legal proceedings.
Parenting Time Schedules: Parents are encouraged to create their own parenting time schedule. If they cannot agree, the court will establish one, often using the Michigan Parenting Time Guideline as a starting point. This guideline includes sample schedules for weekdays, weekends, holidays, and school breaks.
Access to Information: Regardless of the custody arrangement, both parents generally have the right to access the child's medical and school records unless a court orders otherwise.
Flexibility and Cooperation: The court encourages parents to be flexible and cooperative, putting the child's needs first. Many court orders include a provision for "reasonable parenting time," which relies on the parents' ability to agree on a schedule as they go. However, specific schedules are more enforceable if disagreements arise.
