Michigan Custody Agreement

If you`re going through a divorce or separation in Michigan and have children involved, understanding the custody agreement process is crucial. A custody agreement outlines how you and your ex-spouse will care for and make decisions regarding your children. Here`s a breakdown of what you need to know about Michigan custody agreements.

Types of Custody

Michigan recognizes two types of custody:

1. Physical Custody: This refers to where the child resides. If a parent has physical custody, the child will live with them for the majority of the time. Even if the other parent has visitation rights, they don`t have physical custody.

2. Legal Custody: This refers to the authority to make important decisions on behalf of the child, such as medical, educational, and religious decisions. If a parent has legal custody, they have the right to make these decisions, even if the child primarily lives with the other parent.

Sole vs. Joint Custody

Michigan also recognizes two types of custody arrangements: sole and joint custody.

1. Sole Custody: This means that one parent has both physical and legal custody of the child. The other parent may have visitation rights, but they don`t have any decision-making power.

2. Joint Custody: This means that both parents share physical and/or legal custody of the child. Joint physical custody means that the child spends significant time with both parents, while joint legal custody means that both parents have decision-making power.

Factors Considered in Custody Agreements

When deciding on a custody agreement, Michigan courts may consider a variety of factors, including:

– The child`s age

– Each parent`s ability to provide for the child`s physical and emotional needs

– The child`s relationship with each parent

– Each parent`s moral character

– The stability of each parent`s home environment

– Each parent`s ability to cooperate with the other parent

– The child`s wishes (if they`re old enough to express them)

Creating a Custody Agreement

You and your ex-spouse can create a custody agreement on your own or with the help of a mediator. If you can`t agree on a custody agreement, the court will make a decision based on what`s in the best interests of the child.

Regardless of how the custody agreement is created, it must be approved by a judge. Once approved, the custody agreement is legally binding and enforceable.

Michigan custody agreements can be complex, and it`s important to work with an experienced family law attorney to help ensure that your rights and the best interests of your child are protected. By understanding the types of custody arrangements, factors considered by the court, and the process of creating a custody agreement, you can be better prepared to navigate the custody process in Michigan.