There are a lot of parents that ask the question of custody in case they decide to divorce their partner. Some parents want to stay in their child’s life even after divorce and some laws protect this kind of want for a parent or both parents.
In this article, let us talk about your rights and your child’s rights during a custody battle.
First, it is important to look at the law. This can be found in the Child Custody Act of 1970 which has the title 722.25 Child custody disputes; controlling interests, presumption; award of custody to parent convicted of criminal sexual conduct.
Sec. 5. (1) If a child custody dispute is between the parents, between agencies, or between third persons, the best interests of the child control. If the child custody dispute is between the parent or parents and an agency or a third person, the court shall presume that the best interests of the child are served by awarding custody to the parent or parents, unless the contrary is established by clear and convincing evidence.
(2) Notwithstanding other provisions of this act, if a child custody dispute involves a child who is conceived as the result of acts for which 1 of the child’s biological parents is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of the Michigan
penal code, Act No. 328 of the Public Acts of 1931, being sections 750.520a to 750.520e and 750.520g of the Michigan Compiled Laws, the court shall not award custody to the convicted biological parent. This subsection does not apply to a conviction under section 520d(1)(a) of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section
750.520d of the Michigan Compiled Laws. This subsection does not apply if, after the date of the conviction, the biological parents cohabit and establish a mutual custodial environment for the child.
(3) Notwithstanding other provisions of this act, if an individual is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of Act No. 328 of the Public Acts of 1931 and the victim is the individual’s child, the court shall not award custody of that child or a sibling of that child to that individual, unless both the child’s other parent and, if the court considers the child or sibling to be of sufficient age to express his or her desires, the child or sibling consent to the custody.
Explaining the Law
Generally, Michigan encourages that both parents of the child remain involved in the child’s life. Even after the Divorce, the relationship between the parents and the child remains protected in law.
Since Michigan is a no-fault divorce state, it is simple to get a divorce as long as the parties prove the irreparable damage and breakdown of the marriage. However, the problem starts when the parties start talking about the custody of the children, as well as that of the property.
Michigan wants the custody process to be joint custody as much as possible. The court is only required to assess whether the parents should have joint custody or not if one or both of the parents would request it.
The Best Interest of the Child
Let us be honest here: the best interest of the child is always to have both parents maintain a close relationship with each other and to spend time with both parents.
When both parents have joint legal custody, it presumes that both parents shall have the right to make decisions that concern the child’s education, medical treatment, religious training, as well as enrichment activities that help the child prosper.
On the other hand, when both parents have joint physical custody, they both get to spend time with the child.
Does joint physical custody mean a complete and exact division of time with each parent?
No, the parents don’t need to have exactly half of the time with the child. The Michigan family court will determine the parenting time and the physical custody schedule of the child.
Can I stay in my child’s life even if the divorce is bitter?
Yes, the parental relationship is different from a marital relationship and the law protects parents as well as their relationship with their child or children.
The only exception here would be if the parent is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of the Michigan penal code, Act No. 328 of the Public Acts of 1931.
If a parent is convicted of criminal sexual conduct, the court would have to determine custody and shared parenting time.
Let Haque Legal Help You With Your Case
If you require a lawyer who can assist you with ensuring that you protect your rights and gain custody of your child, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you need a Southfield family lawyer to help you during your proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
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