Protecting Your Parental Rights During a Divorce: What You Need to Know
Protecting parental rights is not just about legal rights; it’s about securing the future of your family. Whether you’re dealing with child custody, child support, or other parental rights matters, you need to safeguard your parental rights.
At Confidant Consult, PLLC, we help parents protect their rights during divorce proceedings in Grand Rapids, Michigan, and throughout the state. Our attorneys are thoroughly familiar with Michigan laws and legal procedures; they can give you the patient and strategic guidance you need as you plan for the future. Our approach is always personalized; we keep you in the loop every step of the way.
As family law attorneys, we understand how challenging and emotional this process can be, particularly when it comes to preserving the strength of your bond with your children.
Here’s what you need to know about protecting your parental rights during a divorce.
How Michigan Courts Determine Custody and Parenting Time
When you’re going through a divorce, one of the most important things to consider is custody and parenting time. Michigan courts prioritize the best interest of the child, which can sometimes feel like a subjective decision. However, Michigan family law provides clear guidelines to help determine custody arrangements.
Factors Considered by Michigan Courts
The court looks at several factors when deciding custody and parenting time, including:
The emotional bond between the child and each parent: The closer the relationship, the more likely the court will favor the parent with whom the child shares a strong emotional connection.
The child's adjustment to their home, school, and community: Courts will consider how stable and comfortable the child’s current living situation is and how a change might affect their well-being.
The mental and physical health of each parent: If one parent has health concerns that may interfere with their ability to care for the child, this could impact the decision.
Each parent's ability to provide for the child’s needs: This includes the financial resources available, as well as the emotional stability and support each parent can provide.
The child's preference: Depending on the age and maturity of the child, the court may give weight to their preference in the custody arrangement.
While these factors guide the court’s decisions, it’s important to note that the best interest of the child is always the primary consideration.
Legal Custody vs. Physical Custody
Michigan family law recognizes two main types of custody:
Legal custody refers to the right to make major decisions about the child’s life, including decisions about education, healthcare, and religion.
Physical custody refers to where the child lives on a day-to-day basis.
In most cases, Michigan courts prefer joint legal custody, meaning both parents share the decision-making responsibilities. However, physical custody can be shared or awarded solely to one parent, depending on the circumstances.
Parenting Time in Michigan and How to Maintain Your Connection
When parents divorce, they are often concerned about how much time they’ll be able to spend with their children. Michigan family law strives to give parents significant time with their children, while also considering the child’s needs.
Standard Parenting Time Guidelines
Michigan's parenting time guidelines determine how time should be split between parents. These guidelines consider the age of the child and the parents' proximity to each other. While every case is unique, here are some general recommendations:
For children under the age of 3: The child should spend about 35-40% of their time with the non-custodial parent, with frequent visits to maintain their bond.
For children 3-6 years old: The non-custodial parent should typically have alternating weekends, as well as one evening per week during the school year.
For children 6 years and older: Parents are often encouraged to share holidays, school vacations, and long weekends, in addition to regular weekly visits.
These guidelines are just recommendations; judges can modify them based on the specifics of the case. For instance, if a parent’s work schedule or living situation makes it difficult to adhere to the standard schedule, the court may create a modified plan.
Modifications to Parenting Time
As children grow and circumstances change, parents require modifications to the parenting time schedule. Whether it’s due to a move, a change in work hours, or a child’s changing needs, we can help you understand when and how to request a modification.
What You Need to Know About Child Support
Child support is another important aspect of parental rights. Michigan law requires both parents to contribute financially to their child’s upbringing. It uses a formula to calculate the amount based on both parents’ incomes, the number of children, and the parenting time arrangement.
How Child Support Is Calculated
Michigan uses "child support guidelines" to calculate child support payments. The factors considered in this calculation include:
The income of both parents: Both parents’ monthly gross income is considered when determining support obligations.
The number of overnights spent with each parent: The more time a child spends with one parent, the less financial support that parent may need to provide.
The number of children: The more children involved, the higher the overall child support payment.
Other costs: These can include health insurance, extracurricular activities, and medical expenses.
Enforcement of Child Support Orders
Child support orders are legally binding; failure to pay child support can have serious consequences. If your ex-spouse isn’t meeting their obligations, you can take legal action to enforce the order and make sure your child gets the support they need.
Parental Rights and Relocation
One issue that often arises after divorce is the question of whether a parent can move with the child, especially if it involves relocating far away. Michigan law requires that parents who have physical custody of the child get the other parent’s consent or court approval before relocating more than 100 miles away.
How to Request Permission to Relocate
If you're considering moving with your child, you must file a petition requesting permission. The court will examine factors like:
The reason for the move: If the move is for a job opportunity or to be closer to family, the court may be more inclined to approve it.
The impact on the child: The court will consider how the move would affect the child's relationship with both parents, as well as the child’s overall well-being.
The ability to maintain parenting time: Courts want to make sure that the child will still be able to maintain a meaningful relationship with both parents, even if one is moving away.
Tips for Protecting Your Parental Rights in Michigan
Here are some tips to protect your parental rights and maintain a strong relationship with your children:
Be prepared to communicate: Clear, respectful communication with your co-parent can maintain a stable environment for your children.
Keep records of everything: Document important communications with your co-parent, as well as any issues related to custody or parenting time. This can be useful if you need to go to court.
Work with an attorney: Family law can be challenging; having a lawyer on your side who understands Michigan’s laws can help protect your rights.
Remain flexible: Life changes and your parenting plan may need to be adjusted over time. Being open to modifications can help maintain a positive relationship with your children.
Contact Us Today
At Confidant Consult, PLLC, we help you protect your parental rights during the divorce process. Our law office serves Grand Rapids, Michigan, and throughout the state of Michigan. With a proven track record in family law, we have guided countless clients through challenging family law matters with care and skill. Let our compassionate and meticulous approach help you find the resolution you deserve. Call today to schedule a consultation with one of our experienced attorneys.
