CHILD CUSTODY/PARENTING TIME

Child Custody Lawyer In Farmington Hills MI

Providing you the Means and Understanding to Do What Is Best for Your Child(ren).

Traditional attorneys use this complicated area of the law to focus on your emotions and promise you they will FIGHT FOR YOUR RIGHTS. However, the court system focuses on the CHILD(REN)’S BEST INTEREST. If your focus is limited to your rights and NOT the best interest of the child(ren) the court system will reject your position. Tim Ash is a seasoned attorney having over 25 years of litigation experience. Mr. Ash knows how to guide you through the process while putting the child(ren)’s best interest at the center of the discussion.  

Custody/Parenting Time disputes often related to money: child support, daycare, medical, tax dedication, activities, school clothes and supplies, college and other. Understanding your financial picture and having an open-minded strategic plan for the child(ren)’s best interest will result in a favorable opinion by the court.

Custody and Parenting Time Law in Michigan

The courts weigh the following factors and determines the child(ren)’s best interest:

  • The love, affection and other emotional ties existing between the parties involved and the child;
  • 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;
  • 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;
  • The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity;
  • The permanence, as a family unit, of the existing or proposed custodial home or homes;
  • The moral fitness of the parties involved;
  • The mental and physical health of the parties involved;
  • The home, school, and community record of the child;
  • The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference;
  • 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;
  • Domestic violence, regardless of whether the violence was directed against or witnessed by the child; and
  • Any other factor considered by the court that applies to a child custody dispute.
The law is subjective and the Judge who determines the best interest for your child(ren) honestly wants to do the right thing. However, a judge rules on the evidence presented by both parties. Developing a clear and concise plan for the child(ren) assists the trial court in determining the best interest for your child(ren). Lawyers who are coaching you on your position and praising your agenda are doing you a disservice. Tim Ash has veteran experience having had over 100 successful hearings and trials for custody and/or parenting time. But, proper planning and open-minded strategy have settled far more. A settlement is better by far for the child(ren) and for the parents.

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When it comes to their children, most parents will do anything to keep them in their care. This makes divorce and break-ups that involve children particularly emotional and difficult to resolve.

If you find yourself in the midst of a child custody dispute, you have a lot on the line. You and the other parent may need to rely on the court to decide the fate of your child. With the guidance of a child custody attorney in Farmington Hills, MI, you improve your chances of a good outcome. Ash & Ash Legal Group has been practicing family law throughout Oakland County for years. Our firm knows what it takes to get results.

What Are Child Custody Laws in Michigan?

If two parents can agree on a parenting plan for their child or children, they do not need to go to court. However, most parents find it difficult to come to an agreement. They often argue over issues like parenting time, holiday visits, and vacation time.

When they can’t agree on the terms for a parenting plan, both parents need to turn to the courtroom. A judge will decide on child custody and create an arrangement that is in the best interest of the child. In Michigan, this usually means reaching an agreement that gives each parent with a fair amount parenting time as it pertains to their situation. It also typically means allowing each parent to have a say in major life decisions.

That said, not all parenting plans give each parent equitable time with the child or equal decision-making ability. The court could decide to award one parent more time with a child or more decision-making powers. To make a decision, a judge considers guidelines established by Michigan child custody law.

What is the Best Interest of the Child?

Ultimately, a judge must decide what decision is in the best interest of the child. This means looking at the mental and physical health of each parent. It also means considering whether or not a parent has a history of domestic violence or substance abuse.

To a degree, a judge will think about what the child wants. However, this is only reserved for mature children who are old enough to make a decision like this for themselves. The court will also look at the current situation. If a child has been living with one parent for an extended time, the judge may be reluctant to uproot the child.

In some cases, one parent is unwilling to communicate or foster a relationship with the other parent. This could result in a reduction of parenting time. The court wants to see both parents communicating and working together to raise the child.

Modifying Child Custody

Once you have a child custody order, you need to adhere to it by providing a safe environment and following the schedule set by the courts for visitation as closely as possible. Failing to do so may come with serious consequences and you could potentially lose your rights to visitation.

Fortunately, you may be able to modify your order. If there’s evidence that circumstances have changed, you can petition the court for a modification of the agreement. For instance, one parent might move and the agreement needs to be changed to accommodate the move. This modification must be in the best interest of the child, and not a personal preference.

The court believes that continuity is in the best interest of a child. Therefore, they are reluctant to change agreements if a child has been living in a home for an extended period of time with one parent.

If you are interested in modifying your order, you should speak with a child custody lawyer in Farmington Hills, MI. They can explain more about the process and prepare you for what to expect and the best way of approaching your situation.

Relocating with Your Child

If you have a custody agreement, you need to plan your relocation carefully. In Michigan, you are required to ask permission from the court to move more than 100 miles from your current location if the other parent does not agree. You also need permission from the court to move out of the state, regardless of the distance from your current home.

The only exceptions are made for parents who have sole custody, parents who give their permission for the move, and parents who already live at least 100 miles apart.

To get permission from the court, you need to prove that moving will benefit the child. For instance, the move could be required for you to obtain a promotion at work. The extra income or better hours would directly benefit your child.

As a relocating parent, you also need to give the court your new address and a revised visitation schedule. The schedule needs to give the other parent enough time with the child to maintain a good relationship.

Do You Need a Child Custody Attorney in Farmington Hills, MI?

In Farmington Hills, 19.5% of residents are under 18. Because there are so many children in the area, custody battles are common because divorce rates and separations are still on the rise.

Your custody agreement could change your life along with your child’s life too. To avoid a negative outcome, you need to fight for a fair agreement. Ash & Ash Legal Group is ready to take on your case and stand up for you and your family. Contact us now to get started.


The Law is Confusing You Need an Attorney You Can Trust

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