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Oakland County Child Custody Lawyer

Child custody matters are among the most personal legal issues a person can face. To ensure that you and your children are well protected, it is essential that you have professional, experienced legal counsel on your side. Contact a dedicated Oakland County child custody lawyer from Alan B. Cooper & Associates, PLLC today.

Child Custody Lawyer | Here to Protect the Best Interests of Your Child

Here at the Alan B. Cooper & Associates, PLLC, we understand just how complex and sensitive child custody issues can be. Not only do we bring extensive knowledge of Michigan law, experience in the courtroom with judges, and the experience of how to best represent your interests to the table, but we also bring an open ear and a willingness to truly understand what you and your child need. Let a dedicated Oakland County family lawyer from Alan B. Cooper & Associates, PLLC work to ensure that what the court defines as your child’s best interest is what you seek as well.

How Child Custody is Determined in Michigan

The primary objective of courts in Michigan when determining child custody is protecting the child’s best interests. Courts will consider a wide range of factors when deciding on custody arrangements, but some of the most important are as follows:

  • The child’s age, health, and specific needs
  • The parent-child bond
  • Stability and home environment quality
  • Each parent’s mental and physical health
  • The child’s educational needs
  • The child’s social needs
  • Whether there is a history of abuse, neglect, or substance abuse issues
  • The child’s preference (if age-appropriate)
  • Sibling relationships
  • Parent’s moral and ethical fitness
  • Each parent’s ability to provide for the child’s needs
  • The willingness of each parent to cooperate
  • Geographic proximity of parents’ residences
  • The child’s special needs or considerations

Physical Vs. Legal Custody

Michigan recognizes two types of child custody: physical and legal custody. Physical custody refers to which parent the child will spend the majority of their time with, while legal custody refers to a parent’s right to make certain critical life decisions on behalf of the child.

Within both of these types of custody, a judge can order joint or sole custody. When parents share joint physical custody, it means the child will live with both of them, but at separate times of the week (e.g. one parent takes the child Monday-Friday and the other parent takes the child on the weekends).

When parents share joint legal custody, it means that both parents have a legal say in how their child will be raised, including the religion they practice, the school they go to, the type of medical care they may receive, and more.

Sole custody, on the other hand, means that only one parent has legal and physical custody of the child. Typically, sole custody is only awarded to one parent when the other parent is deemed parentally unfit, or otherwise unable to look out for the best interests of their child.

Modifying Child Custody

If you have a child custody order in Michigan, you may wonder if you can modify it in the future. The answer is yes, but you need to follow some steps and meet some conditions. Here is a brief overview of how to modify a child custody agreement in Michigan.

First, you need to file a motion with the court that issued the original custody order. You can use the Motion Regarding Custody form on the Michigan One Court of Justice website. You need to explain why you want to change the custody order and what kind of change you are seeking. You also need to pay a filing fee, unless you qualify for a fee waiver.

Second, you need to serve the motion on the other parent. You can do this by mail or in person, depending on how much time you have before the hearing date. You need to give the other parent at least nine days’ notice if you mail the motion, or at least seven days’ notice if you deliver it in person.

Third, you need to attend a hearing in front of a judge. The judge will decide whether to grant your motion or not, based on the best interests of the child. The judge will consider 12 factors that are listed in the Michigan Custody Guideline. Some of these factors are:

  • The love, affection, and other emotional ties between the parents and the child
  • The capacity and disposition of the parents to give the child love, affection, guidance, education, and necessities
  • The length of time the child has lived in a stable environment and the desirability of maintaining continuity
  • The moral fitness of the parents
  • The mental and physical health of the parents and the child
  • The reasonable preference of the child, if the child is old enough to express a preference

The judge will also look at whether there has been a change of circumstances or proper cause that warrants a modification of custody. This means that something significant has happened since the last custody order that affects the child’s well-being or the parent’s ability to care for the child. Some potential changes in circumstances that may warrant a modification to child custody are as follows:

  • A parent’s relocation or change of job
  • A parent’s abuse, neglect, or substance abuse
  • A parent’s remarriage or cohabitation
  • A child’s educational or medical needs
  • A child’s adjustment to home, school, or community

You should note that if you and the other parent agree to modify the custody order, you will still need to file a motion and attend a hearing. However, it will be easier to get the judge’s approval if you both consent to the change. That said, you should always have a knowledgeable child custody lawyer in your corner, regardless of whether the modification is contested.

Contact Alan B. Cooper & Associates, PLLC

The bottom line is that matters concerning child custody are extremely sensitive and can impact a family for years into the future, which is why you should not proceed without a competent child custody lawyer in your corner. Contact Alan B. Cooper & Associates, PLLC today so you can tell us your goals, and so we can get started working on making those goals a reality.

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