When children are involved in a divorce or the breakup of an unmarried couple, numerous concerns arise. Arrangements need to be made regarding legal custody, which refers to the authority parents have to make decisions for the children. This responsibility is often shared, but deciding where your son or daughter will live can be more complicated. At the Law Offices of Kevin R. Lynch P.L.C. in Eastpointe and Sterling Heights, our child custody lawyer handles all types of issues for Michigan parents. Whether your parenting plan is developed through negotiation, mediation, or litigation, we will work diligently to establish ground rules that protect the strong bond you have with your child.
Life goes on after a divorce and changes in your child’s life or yours could necessitate modifications to your parenting plan. As soon as you believe an adjustment is warranted, you should discuss it with your ex. If they consent to the change, you can submit the modification to the court for approval and incorporation into your parenting plan. The situation is trickier when parents disagree on a proposed adjustment. As with other custody matters, whether a contested modification request will be granted depends on what the judge believes to be in your son's or daughter’s best interests. The judge might also encourage you and your co-parent to negotiate a compromise if possible.
State law favors parenting time plans that promote strong relationships between children and both parents. To accomplish this goal, non-custodial parents are given substantial visitation rights unless some type of danger exists. We look at the specific needs of children and parents to negotiate visitation schedules that work for everyone involved. Once the order is entered, parents must honor its terms or face sanctions from the court. If a father or mother has a history of violence or risky behavior, supervised visitation could be ordered.
Grandparents play an important role in the lives of young people, but there are situations where family differences lead to an estrangement. In these cases, courts have to weigh the value of the grandparent-grandchild relationship with a parent’s inherent right to decide who spends time with their son or daughter. Where a parent does not live in the child’s home due to a divorce, separation, or death, the grandparents from that side of the family can petition for visitation rights in court. Judges look at various factors, including the existing relationship and the effect spending time with a grandparent will have on a young person’s well-being, when deciding if a visitation order will be issued.
The Michigan office that assists with the enforcement of custody and child support orders is called the Friend of the Court. If your co-parent is blocking your visitation rights or violating custody terms in some other way, there are various remedies available. You can petition the court to provide additional time with your child to make up for what was missed. In cases where noncompliance is consistent, a permanent modification to your parenting time arrangements might be made to preserve your rights.
A job change, new relationship, or loved one who requires assistance might cause a parent with physical custody to seek a relocation with their child. This can have a negative effect on a noncustodial parent’s visitation rights, so when a custodial parent seeks a change of domicile that includes their son or daughter, certain rules might apply. When a parent has legal custody but not primary physical custody, their co-parent cannot move their child out of state or more than 100 miles within Michigan without obtaining court approval. Whether you’re looking to relocate or are trying to preserve your current parenting plan, a child custody lawyer can help.
The Law Offices of Kevin R. Lynch P.L.C. advises Michigan parents and grandparents on a full range of custody and visitation issues. Our office is in Sterling Heights, MI, and serve clients throughout Oakland, Macomb, and Wayne counties. Please call 586-336-1088 or contact us online for a free initial consultation.
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