What if my spouse and I already agree on who will have
custody of our child(ren)?
If you and your spouse agree on custody issues, then your agreement can be incorporated into the final Judgment of Divorce, which is the paper used to finalize your divorce at the end of the waiting period (above).
What if my spouse and I do not agree on custody issues?
If you and your spouse do not agree on who will maintain custody of the minor child(ren), then the issue of custody will be decided by the Court. The Court will look to the “best interest of the child” factors when making a determination involving child custody. These factors are as follows:
- The love, affection, and other emotional ties existing between the parties involved and the child.
- The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
- The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
- The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of the parties involved.
- The mental and physical health of the parties involved.
- The home, school, and community record of the child.
- The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
- The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
- Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
- Any other factor considered by the court to be relevant to a particular child custody dispute.
If I have custody of the child(ren), does my spouse have to pay child support?
Child support in Michigan is based on clear guidelines, which take into account factors set forth in the Michigan Child Support Formula Manual to determine the amount of child support one party must pay to the other. If you have a child support question, our office is equipped with the appropriate Child Support Formula to help calculate such amounts.
What factors are considered when determining the amount of the child support obligation?
The factors used to determine the amount of child support
to be paid are as follows: your income, your spouse’s
income, the number of children of each party, the amount
of overnight parenting time each party has with the minor
child(ren), other child support obligations of the parties,
child care costs for the minor child(ren), and health care
costs for the minor child(ren).
Contact Newton | Plont today to talk with an attorney
about your family related issues. The above responses
are not intended to be legal advice, but are provided here
for your convenience.