If you and your spouse are going through a divorce and are unable to come to terms on how the two of you want to divide up your time with your children, the decision shall be placed on the court and the judge hearing your case will make a final judgement on how child custody shall be awarded. Although this might not be the ideal situation for any parent to be in, unfortunately, the divorce and other factors may make it far too difficult to work out an agreement with your spouse in an effort to establish and fair and effective parenting time agreement. So, if you are currently facing these circumstances and are wanting to know exactly what the court will use to create a parenting time order, read on below as we have provided some helpful information for you regarding this.
When a court has been assigned to create a parenting time, it “shall be granted in accordance with the best interests of the child.” Now, the court does encourage that the child maintains a strong relationship with both parents so generally, the parenting time order will grant custody to both parents. The only time a parent may be awarded little or no custody of their child is when “it is shown on the record by clear and convincing evidence that it would endanger the child’s physical, mental, or emotional health.”
Now, in order for a judge to establish a parenting time order, he or she may use the following factors to influence their decision:
- If any special circumstances exist.
- If the child has special needs.
- If the child is a nursing child that is under six months old or under a year who receives a considerable amount of his or her nutrition through nursing.
- “The reasonable likelihood of abuse or neglect of the child during parenting time.”
- “The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.”
- How burdensome or inconvenient it might be for a child to travel for the purpose of the parenting order.
- “Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.”
- If a parent has already shown he or she has failed to exercise reasonable parenting time.
- “The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody.”
- Any other relevant factors.
[Source: Child Custody Act of 1970].
Now, if you are looking to be assigned as your child’s custodial parent, which would grant you both physical and legal custody of them, you are going to want to retain a Lansing, MI child custody lawyer who can help gather all the evidence needed to support your desires. The Law Offices of Stuart R. Shafer, P.C. can provide you with the legal representation you not only need but will want when it comes time for your case to be heard in court. If you are interested in learning more about how we can help you obtain a successful outcome in your child custody matter, contact us now at 517-487-6603.
The Law Offices of Stuart R. Shafer, P.C. has extensive experience in handling various types of family-related matters, including child custody and is available to provide legal services to those residing in Lansing, East Lansing, DeWitt, St. Johns, Grand Ledge, Okemos, and Charlotte.
You can reach the Law Offices of Stuart R. Shafer, P.C.at:
1223 Turner Street, #333
Lansing, MI 48906