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One of the most stressful parts of any divorce or separation is figuring out who gets custody of the kids. Whether you’re just starting the divorce process or facing a custody modification, it’s important to understand how courts handle custody in Michigan—and what you can do to protect your relationship with your children with the help of a Rochester Hills child custody lawyer.
Before diving into the legal process, it helps to know the difference between the two key terms:
Legal Custody: The right to make important decisions about your child’s life, including education, medical care, and religious upbringing. This can be joint (shared by both parents) or sole (one parent has the final say).
Physical Custody: Where the child lives and how much time they spend with each parent. Again, this can be joint or sole, though joint physical custody doesn’t always mean equal time.
Michigan courts are guided by the “best interest of the child” standard, not what’s most convenient or fair to the parents. Judges rely on 12 statutory factors under the Michigan Child Custody Act to decide what arrangement best supports the child’s well-being.
These factors include:
No single factor is determinative. When it comes to custody in Michigan, Judges look at the whole picture and may weigh some factors more heavily depending on your family’s circumstances.
In Oakland County and throughout Michigan, courts often prefer joint legal custody, assuming both parents are fit and capable of working together. Joint physical custody is also common, but doesn’t necessarily mean a 50/50 split. The goal is a custody schedule that supports the child’s routine and stability.
If parents can’t agree on a plan, the court may order mediation or appoint a Friend of the Court (FOC) evaluator to investigate and make a recommendation.
If you’re going through a custody case, here are some steps to help protect your rights and show the court that you are acting in your child’s best interests:
Custody orders can be modified—but only if there’s been a significant change in circumstances, like a move, a new job schedule, or concerns about the child’s safety. The court will once again review the best interest factors before making any changes.
Families in Rochester Hills neighborhoods such as Stony Creek Ridge, North Fairview Farms, and Avon Hills often face the same questions about legal custody, parenting time, and financial support when going through a custody battle. Understanding these issues is critical to ensuring stability and well-being for children during transitions.
Nothing matters more to parents than their time with their children. The decision to hire a child custody lawyer positions you for a favorable outcome in court that protects your rights as a parent. Stephanie Krane-Boehmer, a Rochester Hills child custody attorney, has 20+ years of experience helping parents navigate child custody cases with focus and precision.
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She relies on her knowledge of child custody laws and familiarity with local courts, like the Family Division of the Oakland County Circuit Court, to negotiate or litigate in court. She always operates with the goal of preserving the custody rights of their clients.
A: A child custody lawyer’s fees in Michigan depend on their hourly rate and how much time and resources they put into the case. Another factor that could determine your attorney’s fees is the complexity of the case. Contentious situations often take longer to resolve and may require multiple hearings and mediation. I can discuss the potential costs of hiring me as your child custody lawyer during your initial consultation.
A: The biggest mistake parents make in custody battles is failing to focus on the needs of their child. When parents put their own personal goals or grievances against the other parent above doing what is right for the child, custody cases can become prolonged and contentious. Follow your attorney’s advice throughout the process. Failing to appear reasonable in court could harm how the court views you and your ability to co-parent.
A: The laws that govern the family courts make no preference between mothers and fathers, meaning either parent stands a strong chance of securing a favorable outcome in a custody case. Often, the deciding factor that influences the final order is the experience of either party’s legal representation.
A child custody lawyer can take steps to safeguard their client’s parental rights. They can also make sure the courts understand the important role their client has in the child’s life.
A: Failing to make a good-faith effort to resolve areas of disagreement can look bad in the eyes of the court. When one parent refuses to compromise on any area of a custody battle, that can create delays in the case and complications for the court process. Ultimately, those actions may backfire if custody decisions are made by a Judge. The courts encourage both parents to work together to make an agreement on custody matters.
Child custody cases are emotional, complex, and deeply personal. You don’t have to face it alone. Stephanie Krane-Boehmer helps parents navigate the custody process with clarity and confidence, whether you’re just starting out or need to modify an existing order.
Contact my office today to schedule a consultation and get the guidance you need to protect your parenting rights and your child’s future. We are located in Rochester Hills and serve Oakland, Macomb, Genesee, Lapeer, Livingston, and Wayne Counties.
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