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Few issues are as fraught in a divorce proceeding as the custody of minor children. Unlike property that can be divided monetarily, there is no way to divide children. Moreover, when it comes to custody, the guiding principle is the best interests of the child. When deciding a custody battle, the Michigan judge is going to rule along those guidelines and not what each parent desires. In fact with older children, their preference may end up being the deciding factor. This is why it is vital that you understand custody in general, and what constitutes joint and sole custody.
How does custody work in Michigan?
Michigan defines custody in two ways: physical and legal. Physical custody is where the child actually resides. Sole physical custody means that the child lives primarily with one parent, while joint physical custody divides the time the child spends in the household of each parent. Legal custody is different. This refers to decision-making about the child, including such matters as schools, medical decisions, religious education and other activities, like sports, art, and music. In sole legal custody, one parent will be the only decision maker, while in joint legal custody, both parents will work together to make these decisions.
There are no set rules for custody. Michigan judges can order different arrangements depending on the various factors involved, and the parents can agree to any type of custody as well in a settlement agreement. There are plenty of cases where one parent has sole physical custody but both share joint legal custody. You can also see cases where one parent is awarded both, or where the parents agree to joint legal and physical.
Sole physical custody
The biggest argument in favor of sole physical custody is that it is most likely to provide a stable home for the minor child. The child sleeps in his or her bed every night, going home from school each day to the same house or apartment. The downside is that it could harm the relationship between the child and the non-custodial parent, since they will only see each other during set parenting times, usually weekends and holidays. In addition, if there are other relatives living at the home of the non-custodial parent, such as half-siblings or grandparents, this could alienate them from those relatives.
Joint physical custody
Joint physical custody often comes down to logistics. If the two parents live in the same town and school district, then joint physical custody may provide the least amount of disruption to the child’s life. He or she will get to spend time with both parents, as opposed to being with one significantly more than the other. If the parents aren’t living as close, then joint physical custody can be divided with one parent providing the child’s home during the school year, and the other during the summer.
The downside is obvious. The child could spend an inordinate amount of time being shunted between the two parents. This disruption is why joint physical custody is a difficult proposition.
Sole legal custody
There are few things easier than having one parent making all the decisions about the child. This reduces the chance of post-divorce legal battles, as the custodial parent has full legal authority to make these decisions until the child reaches the age of maturity. Sole legal custody is also useful in particularly acrimonious divorces, since it is clear that the parents are incapable of working together to reach reasonable compromises.
However, there is a real risk that the non-custodial parent will feel alienated. He or she will no longer have the ability to make any major decisions about the child. It can also limit the power of the non-custodial parent to intercede if he or she has a good faith belief that the child is being mistreated.
Joint legal custody
This is the most equitable form of custody, as it allows both parents to have a say in key decisions about the child. Whether it is school choice, religious education, or major medical decisions, each parent will be able to feel that he or she is involved in helping guide the child’s future.
Nevertheless, there are two problems that can arise in joint legal custody. First, there is a real possibility that the parents cannot come to a decision. What happens when each parent feels strongly about something and is unwilling to compromise? If there is no mechanism in place to resolve a dispute, this could lead to further litigation. Second, there needs to be some provision for emergency decision-making, such as in the case of an automobile accident. If one parent is unavailable, then the other parent should probably be given sole legal authority in that situation based on exigent circumstances.
If you are involved in a custody dispute, call our firm today
As you can see, there are many issues that arise when deciding on sole or joint legal and physical custody of your child. This decision can have real world implications for your authority as a parent and relationship with your child. The experienced custody attorneys at The Nunley Law Group can help you navigate the legal process and advise you on the best way to go.