The court can consider a child’s preference, but it is one factor among many, not a deciding vote. The judge determines whether the child is old and mature enough to express a logical preference, and then weighs that preference alongside all other relevant factors. There is no specific age at which a child gains the automatic right to choose.
Child Custody
Protecting Your Child’s Best Interests with a Michigan Custody Attorney
Child custody disputes are about one thing: your relationship with your children. The outcome of these cases can affect how often you see them, the decisions you are allowed to make on their behalf, and the role you will play in their lives. When so much is on the line, parents cannot afford to take a passive approach.
At Lucido & Manzella, P.C., we have handled hundreds of family legal cases throughout Michigan where the stakes are high and the conflict is real. We’re ready to challenge weak arrangements, push back on unfair positions, and keep the focus on your child’s best interests.
Who We Represent
Custody disputes arise in many different situations. We regularly work with:
- Divorcing parents who need to establish where their children will live, how parenting time will be divided, and who will make major decisions about education, healthcare, and other important matters.
- Unmarried parents establishing custody rights who need formal court orders for paternity, parenting time, decision-making authority, and child support.
- Parents seeking to change or enforce an existing order when the other parent is not complying with the current parenting plan, or when a significant life change has made the existing arrangement unworkable.
- Parents dealing with relocation or long-distance parenting when one parent wants to move, or the current schedule no longer functions around school schedules, travel logistics, or regular exchanges.
- Parents in contested custody cases who cannot reach an agreement on parenting time, school choice, medical decisions, safety concerns, or the overall arrangement that best serves their child.
How Child Custody Works in Michigan
Understanding how Michigan law approaches custody will help you know what to expect and how to prepare.
Legal Custody vs. Physical Custody
Michigan law recognizes two types of custody:
Legal custody is the authority to make serious decisions about a child’s upbringing, including schooling, healthcare, and religious practice. Legal custody can be joint, meaning both parents share decision-making authority, or sole, meaning one parent holds that authority exclusively.
Physical custody establishes where the child lives on a day-to-day basis. Joint physical custody means the child spends meaningful time living with both parents. Sole physical custody means the child primarily resides with one parent, with the other parent receiving parenting time.
These two types of custody are decided independently of each other. A court can award joint legal custody while granting one parent primary physical custody, or any other combination that serves the child’s best interests.
The Best Interests of the Child Standard
Parents are always encouraged to reach an agreement among themselves, but when they cannot, a Michigan judge will step in and make decisions based on what is in the child’s best interests. This standard is not a checklist that favors one parent over another. Courts look at the full picture.
The factors a Michigan court must consider include:
- The emotional bonds between the child and each parent, as well as any other person relevant to the case.
- Each parent’s capacity to love the child, show affection, offer guidance, and continue the child’s education and upbringing in their religion or creed, if any.
- Each parent’s ability to provide food, clothing, medical care, and other material needs.
- The length of time the child has lived in a stable, satisfactory environment, and the value of maintaining that continuity.
- The permanence of the existing or proposed custodial home as a family unit.
- The moral fitness of each parent.
- The mental and physical health of each parent.
- The child’s home, school, and community record.
- The child’s own preference, if the court determines the child is old enough to express a meaningful preference.
- Each parent’s willingness to support and encourage the child’s relationship with the other parent.
- Any history of domestic violence, whether directed at the child or witnessed by the child.
- Any other factor the court finds relevant to the specific circumstances of the case.
This is not a checklist where each factor carries equal weight. A judge has the discretion to weigh the factors differently based on the specifics of the case. A single serious factor, such as a documented history of substance abuse or violence, can outweigh many positive factors on the other side.
Modifying an Existing Custody Order
A custody order is not permanent, but Michigan law does favor stability in children’s lives. Courts will not reopen a custody arrangement simply because one parent is unhappy with the current terms.
To request a modification, the parent seeking the change generally must demonstrate that there has been a substantial change in circumstances since the last order was entered. What counts as a substantial change depends on the specific facts, but examples can include a parent’s move, a significant change in the child’s needs, changes in a parent’s work schedule, or evidence that the child’s current environment is no longer serving their well-being.
Once a substantial change in circumstances is established, the court will revisit the best interests factors to determine whether a modification is appropriate.
Why Choose Lucido & Manzella, P.C.?
Choosing a child custody attorney is one of the most consequential decisions you will make during this process. Here is what sets our firm apart:
- More than 25 years of serving Macomb County families. We know the local courts, the judges, and how cases like yours are handled in this jurisdiction.
- Honest assessments, not empty promises. We tell you the truth about your case from the start. You will always know where you stand and what your realistic options are.
- An aggressive approach when it matters. We do not let the other side push you around. When you have a strong position, we press it. When the situation calls for it, we stand firm and fight.
- Trial-ready from day one. We build every case as if it were going to court. That preparation strengthens your position whether you ultimately reach a settlement or go before a judge.
- A broader view of how legal matters intersect. Custody cases do not always exist in a vacuum. Criminal charges, bankruptcy filings, and other legal matters can affect how a custody case unfolds. Our firm handles all of these areas, which means we can anticipate how various legal issues may affect your case before they become problems.
Stand Up for the Relationship That Matters Most
Your relationship with your children is worth protecting. If you are dealing with a custody dispute, need to establish a parenting plan, or want to modify an existing order, Lucido & Manzella, P.C. is ready to help. Contact us today to set up your initial consultation.
FAQs About Child Custody in Michigan
What happens if one parent disobeys the parenting schedule?
If the other parent is consistently violating a court-ordered parenting plan, you have legal options. You can file a motion to show cause, which asks the court to hold the non-compliant parent in contempt. Repeated violations can result in sanctions, changes to the parenting plan, or, in serious cases, a modification of custody itself.
Does Michigan favor mothers over fathers?
No. Michigan law prohibits courts from preferring one parent over the other based on gender. The best interests analysis applies equally to both parents, and the court must evaluate each case on its own facts.
How does a parent's criminal record affect a custody case?
A criminal history does not automatically disqualify a parent from custody or parenting time, but it is something the court will consider. The nature of the offense matters significantly. Convictions involving violence, substance abuse, or offenses against children will carry more weight than other types of convictions. Our attorneys have experience handling custody cases involving criminal history, active charges, or ongoing legal matters.
Can custody be changed if one parent wants to move out of state?
Yes, but a parent generally cannot simply relocate a child out of Michigan without court approval. Under Michigan law, if the parents share legal custody, a parent who wants to move the child more than 100 miles from the child’s current residence must seek court approval, even if the move is within the state. Relocating out of Michigan requires approval in virtually all circumstances. The court will evaluate the proposed move under a separate set of factors to determine whether it serves the child’s best interests.
Talk To An Experienced & Aggressive Lawyer Today.
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
Free Consultation with an Experienced & Aggressive Macomb County Lawyer
Our consultations offer an opportunity for you to meet our team and discuss your legal issues.
Hear From Our Clients
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