Do you need help making custody decisions to protect your child and your future? You don’t have to figure this out alone. No matter how complex your case, a custody lawyer from Eisenberg & Spilman, PLLC, can listen to your goals and help you take the right steps. We handle every case with care, diligence, and direct communication. Contact us today to get started with your initial consultation. Let’s talk about your situation and what comes next.
In Bloomfield Hills and the rest of Michigan, custody means two things: who makes important decisions for the child (legal custody) and where the child lives (physical custody). Legal custody gives a parent the right to decide on things like school, religious activities, and medical care. Physical custody focuses on the child’s living arrangements.
Courts can grant physical or legal custody to one parent (sole custody) or both parents (joint custody). In joint legal custody arrangements, both parents must make big decisions together. In joint physical custody arrangements, the child lives with each parent for part of the time (not necessarily 50/50).
Parents can agree on their own custody arrangements and submit them for court approval. If parents cannot agree, the court will decide and issue a custody order based on what is best for the child. A custody order can be part of a divorce, a custody case, or another family court case.
Parenting time is the time each parent spends with their child. Michigan courts use the term “parenting time” instead of “visitation.” Michigan law says children should have time with both parents unless such an arrangement would cause the child harm.
Bloomfield Hills parents can agree on parenting time schedules, or the court can establish one if the parents can’t reach an agreement. The schedule can be specific or open-ended. A specific schedule is one that lists exact times and dates for visits. An open-ended or “reasonable” schedule leaves it up to the parents to work things out. If parents disagree about the details of an open-ended schedule, either parent can ask the judge to step in and decide on specific matters.
When deciding on parenting time, the court uses the same “best interests of the child” standard as it does in custody cases. Judges may also look at other parenting time factors, such as travel distance, the child’s age, and whether supervision is necessary during parenting time.
If parents don’t agree on custody, the judge decides. Judges must focus on what’s best for the child in these determinations, not what either parent wants. Michigan law lists several factors that judges must consider. These include:
If you’re not married to your child’s other parent, the court doesn’t automatically give both parents rights. In Bloomfield Hills, as in all of Michigan, the mother has custody from the start unless a court order says otherwise. Unmarried fathers must first establish legal paternity before asking for custody or parenting time.
Parents can establish paternity by signing an Affidavit of Parentage. If either parent won’t sign, the court can order DNA testing through a paternity case. Once legal paternity is established, either parent can file a custody case.
Until a judge signs a custody order, the mother has the legal right to decide where the child lives, even if the father’s name is on the birth certificate. If you’re unsure of your parental rights, it can help to speak with a family law attorney.
You can’t change a final custody order just because you want a different arrangement. You need court approval for a modification. The court will only consider your modification request if something important has changed or if there’s a good reason to review the order.
This change must be something that affects the child’s well-being in a significant way. Normal life changes, like a new job or a different school schedule, usually don’t count.
If the court agrees to review the case, it will decide whether the child has an “established custodial environment.” If that environment exists, the parent asking for the change must present strong evidence to change it. If not, the parent only needs to show that their plan would be better for the child.
Changing custody can take time and effort. You’ll need to file the right forms, attend hearings, and follow court procedures. Many Bloomfield Hills parents find it helpful to get legal advice before starting this process.
Parents often argue about many things during or after a custody case. Some parents can’t agree on parenting time schedules, while others fight over decisions like schooling, religion, or medical care. One parent might want to move with the child, while the other wants the child to stay.
Disputes can also arise if one parent doesn’t follow the custody order. Other issues happen when safety becomes an issue, such as in cases involving domestic violence. If you believe the other parent could put your child at risk, you might need to ask the court to change custody or limit parenting time.
These problems can get worse if the court order isn’t clear. If you’re in a situation like this, a family law attorney can help you understand your rights, file motions, and prepare for court. Your custody lawyer can also help you respond if the other parent files something against you.
At Eisenberg & Spilman, PLLC, we take every custody case seriously and work closely with you to find the ideal solution for your Bloomfield Hills family. We never use a one-size-fits-all approach. Our team includes a dynamic group of attorneys who tailor their work to fit each family’s needs. We also bill fairly and believe in being upfront about costs.
Both of our partners, Amy Spilman and Laura Eisenberg, belong to the American Academy of Matrimonial Lawyers (AAML), a national organization of respected family law attorneys. Laura Eisenberg also serves as a mediator and both attorneys bring decades of experience to the table.
Our Bloomfield Hills clients choose us because we’re approachable, collaborative, and skilled in both negotiation and litigation. Laura often serves as a guardian ad litem in complex custody cases, and Amy handles appeals when necessary. Whether your case involves mediation or court, we’ll be ready to act.
If you’re dealing with a custody issue in Bloomfield Hills, now is a good time to get clear answers. The team at Eisenberg & Spilman, PLLC, knows how to handle custody matters from start to finish. We take the time to understand your goals and help you make informed decisions. Contact our office now to arrange your initial consultation. We’re here to help you move forward.