Child Custody
Every case involving children requires a determination of custody and support. There are two types child custody: Legal and physical. Legal custody involves decisions about things like school, religion, and important medical decisions. Physical custody typically describes who the child lives with primarily.
Change of Custody
With a dozen best interest factors to determine or change custody, it is critical that your lawyer knows these factors and the Michigan case law interpreting them.
Child Support
Michigan has a child support formula used to calculate child support. It takes into consideration each parent’s income, the parenting time schedule, day care, medical expenses and insurance, and tax exemptions. Child support is paid until the child reaches the age of 18 or graduates from high school, whichever occurs later, but in no event beyond the age of 19 1/2. Experienced divorce attorneys have the same program used by the courts to calculate child support and can give you a pretty close estimate of what it will be. Additionally, modification of child support occurs upon a change of circumstances such as income or parenting time changes. Failure to pay can result in loss of a driver’s license, loss of a passport, seizure of tax refunds, and even felony charges and jail time.
Parenting Time
Parenting time, also determined along with custody and support, lays out the schedule that each parent spends with the children. It really depends on how well the parents can work together after the breakup of the marriage. Further, it can be very specific and also include a holiday schedule. Like custody and child support, the Court retains jurisdiction over parenting time.
Paternity
Paternity determines the father of the child. When married, the law presumes the husband is the biological father. If not married, a father can sign an affidavit of parentage. Paternity can be established by a paternity/DNA test. Once paternity is established, it can only be changed by a revocation of paternity action.
Please call today at 313-291-0240 and set an appointment for a review of your custody and support matter. We will explain your options and give you enough information for you to make an informed decision.