Michigan has been a no-fault divorce state since 1970, making it easier for couples to divorce since couples no longer need a reason to get divorced. Unfortunately, couples who had children during their marriage are faced with a burdensome obstacle during the divorce process.

One of the most difficult factors for parents to navigate during a divorce is child custody agreements. Even in the most civil divorce, complications arise when one parent believes they should maintain sole custody, or parents disagree on the custody order decided by the courts.

Legal and Physical Custody Differences

It is important for both parents to recognize that family law in Michigan places child custody into two distinct categories: physical and legal. Each category is separate and distinct.

Physical custody pertains to physical care of a child and which parent’s home the child will reside in. On the other hand, legal custody grants one or both parents the right to make legal decisions on the child’s behalf, such as which doctor the child will go to and where the child will go to school.

How Physical Custody is Determined

In the state of Michigan, family law favors the mental, physical, and psychological well-being of minors. Attorneys are deeply concerned with providing the best possible life for each child in the state.

Physical custody is determined using the “best interest” factors that provide insight into the state of the parent’s finances, emotional stability, history of addiction, and ability to provide an emotionally and psychologically supportive household for their child until they reach the age of majority, etc.

Sometimes the mother is deemed the most suitable; other times, the father is. Michigan family law is less concerned with the gender of the parent than their ability to provide the best life for their child.

If you are in the middle of a divorce and have questions or concerns about child custody, please reach out to our reputable team with years of experience in dealing with this. Grand Rapids families have been counting on us for decades to represent them with fairness and strength.