How to Get Custody of a Child in Michigan

Wish to squash your doubts surrounding child custody law in Michigan? Allow some of the best Macomb County Family Attorneys from Coppins Law Group to answer a few burning questions.

Being entangled in a child custody battle with your ex can prove extremely strenuous. It is easy and quite typical of parents to feel overwhelmed by the prospect of filing for their child’s custody. However, most parents have absolutely no idea how to open a child custody case. Moreover, these parents are also not privy to the child custody law that are exclusive to Michigan.

Being home to the best child custody lawyer in Michigan, we would like to use this little article as an opportunity to explain everything crucial pertaining to custody law in the state.

So without much further ado, let’s get started.

What is the Process of Filing for Child Custody in Michigan?

The process of filing for child custody is quite straightforward and entails the following:

1. You’ll have to open the case in the family law division of the county court you reside in. Determine your type of case
2. Complete all the necessary forms correctly
3. Submit your signed forms to the clerk’s office
4. Serve the other parent
5. Wait for them to respond
6. Arrange a meeting with the other parent to initiate the settlement process

We suggest seeking advice from the best child custody attorney in Michigan at Coppins Law Group for more clarity on the procedure.

Reasons a Judge will Change a Child’s Custody?

When it comes to rewarding child custody, it is important to note that the judge will always make a decision after considering the best interest of the child. As such, the judge will consider the following factors;

•       The love or emotional connection apparent between the parent and the child.
•       The capability of a parent to provide emotional and financial support to a child.
•       The capability of a parent to fulfill the basic needs of a child like food, clothing, and shelter.
•       The moral capacity of the parent
•       The mental and physical health of the parent
•       The personal preference of the child, if he or she is old enough to make that decision.

We suggest contacting a child custody attorney in Michigan to learn more about reasons that could influence a judge’s decision.

How to File for Emergency Custody in Michigan

An emergency custody order, also known as the ex-parte order occurs when a parent requests to decide on child custody without the involvement of the other parent. It is a temporary custody order granted by a judge under special circumstances where the filing parent must prove that their child is at risk of harm.

How to get emergency custody in Michigan?

As we said before, you must prove that your child is at risk of being harmed or could be exposed to severe injury if the court waits to have a hearing on the matter. You’ll have to work with a lawyer that specializes in Michigan family law child custody to discuss and gather the evidence needed to prove that an ex parte order is absolutely necessary.

Once the court grants an emergency order, a hearing should be held at a later date where both parties get an opportunity to be heard.

How much does it Cost to File for Custody in Michigan?

To open a child custody case in Michigan you’ll need to pay a filing fee of around $250 when submitting your signed forms. If you can’t afford the fee, then you can also file a fee waiver request.

Can you get a court-appointed attorney for child custody in Michigan?

Yes, you will be assigned a child custody attorney if the court finds the parent financially unable to hire their own attorney. There is an exception to this rule, however, if you happen to be a parent who has willingly given up your parental rights. It would be wise to consult someone apt in Michigan family court laws for some clarity on this matter.

Is Michigan a 50/50 custody State?

Most of the time, a judge will decide to grant joint custody of the child to a parent. This is what is called 50/50 custody where both parents enjoy shared legal and physical custody of the child. Joint custody doesn’t necessarily mean an even 50-50 split. In fact, the arrangement will depend on the parent’s schedule. As such, one parent may get slightly more time with the child than the other.

If you wish to learn more about changing child custody, then we suggest you waste no time giving Coppins Law Group a call to get counsel from the best lawyer for child custody modification in town.