Birmingham Child Custody Lawyer

Skilled Child Custody Attorney in Birmingham, MI

As a parent, child custody is one of the most important decisions you can make for your child. These cases are highly impactful on you and your child’s lives, and can involve emotionally challenging circumstances. For guidance throughout a child custody case, you should reach out to a Birmingham child custody lawyer.

Receive Guidance From a Birmingham Family Lawyer

Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, PC, is a trusted Birmingham family law firm with over 25 years of legal experience. We understand that child custody cases can be difficult to go through. But you are not alone. Our team is here to support you and your child to help you navigate big life transitions, changes in circumstances, or changes in your child’s needs.

An Overview of Child Custody Laws in Michigan

Child custody cases impact thousands of children across the state. Many families go through this process after a divorce, separation, or a paternity case for unmarried parents. Michigan’s divorce rate is 2.2 per 1,000 people, and in 2023, an estimated 16,918 children were involved in divorces and annulments. Additionally, 39.0% of births in Michigan are to unmarried mothers. No matter why you are involved in a child custody case, a Birmingham child custody attorney can help.

Unmarried parents often need to go through Michigan’s court system to secure a child custody and parenting time plan. In Birmingham, these cases are handled by the Oakland County Circuit Court at 1200 N. Telegraph Road, Pontiac.

A child custody case typically involves two forms of child custody, which can both be shared between parents or be under the sole custody of one parent. The two types of custody outlined by Michigan’s child custody laws are:

• Parenting Time: Parenting time involves who the child lives with and receives daily care from. This may involve creating a specific parenting plan, which outlines when the child lives with what parent, when and where pick-ups/drop-offs happen, and whether there are any visitations.
• Legal custody: Legal custody involves the ability to make important decisions on behalf of the child. This includes choices about healthcare, education, extracurriculars, religious activities, or travel.

Factors That Impact Child Custody

When making child custody decisions, courts are looking for a solution that supports the best interests of the child. Being in the best interests of the child means supporting the child’s needs, safety, stability, and development.

• When courts determine legal custody, they consider what would be in the “best interests of the child.” A judge must evaluate the parents on several “best interests” factors, which include:The emotional bonds the child has with each parent
• The capacity of both parents to provide the child with care, such as clothing, food, and medical care
• The capacity of both parents to provide the child with the love, affection, and guidance the child needs
• The strength of the child’s community ties and how long they have lived in that community
• How both parents support the child’s home, school, and social life
• The moral fitness of both parents, such as alcohol or drug use, physical or sexual abuse, or an extra-marital affair that has affected the child
• The family unit the child would live with when living with both parents
• The physical and mental health of the parents
• The preference of the child, which carries more weight for children who are older or more mature
• Whether either parent has a history of domestic violence

Types of Child Custody Issues We Help Families Navigate at Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, PC.

Every child custody case is unique due to the individual needs of every family and child. At Nichols, Sacks, Slank, Sendelbach, Buiteweg, & Solomon, PC, we take the time to fully understand your needs and concerns before crafting an individualized legal strategy. Though child custody cases all involve different issues, some of the most common types of cases we handle include:

• Establishing child custody orders.
• Modifying child custody orders
• Enforcing existing orders

FAQs

What Is the Biggest Mistake in a Custody Battle?

The biggest mistake in a custody battle is allowing your own emotions to get in the way of what is in the best interests of the child. Many parents understandably feel fear, anger, or extreme stress during a contested child custody case. However, making decisions based on these emotions can lead to worse outcomes for your child or even being deemed as less fit by the court.

Is Michigan a 50/50 State for Child Custody?

No, Michigan is not a 50/50 state for child custody. There is no automatic or default split of parenting time. Instead, each case is evaluated individually to determine a parenting plan that supports the child. In many cases, parents do share child custody and parenting time equally, though this is not guaranteed for all cases. If you speak with a Birmingham child custody lawyer, they can advocate for your parental rights in court.

How Does Child Custody Work If One Parent Is Moving Out of Michigan?

If a child’s parent is moving outside of Michigan, it is important to have child custody orders that reflect this change. A judge can approve your petition to move out of state with your child, and can create or modify a child custody arrangement to reflect the change in circumstances.

Is it Worth it to Hire a Child Custody Lawyer?

Yes, it is generally worth it to hire a child custody lawyer. A lawyer can advocate for your parental rights, represent you in negotiations or in court, and pursue an outcome that protects the interests of you and your child. Furthermore, many people find that working with a lawyer reduces the stress involved in a child custody case and allows them to focus more on their family, rather than the difficult legal proceedings and complex child custody laws.

Learn How a Birmingham Child Custody Lawyer Can Help

Child custody is a deeply personal topic, and you deserve a legal team who recognizes what you are going through. At Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, PC, we are ready to help secure fair, supportive child custody orders that provide you and your child with clarity and stability. Contact us to speak with a Birmingham family lawyer about your case.