Novi, Michigan, draws visitors from all over the Metro Detroit area to the Twelve Oaks Mall, whose 180 stores have made Novi a shopping destination since 1977. The city also has many great activities for kids, including the Go Karts at Full Throttle Adrenaline Park and the mini golf at Putting Edge.
If you want to get your divorce behind you so you can focus on having a great time with your kids, a Michigan child custody lawyer can help. Eisenberg & Spilman, PLLC, is an all-female law firm serving Novi and other communities in the Detroit area. Founders Laura E. Eisenberg and Amy M. Spilman are also the Fellows of the American Academy of Matrimonial Lawyers, a membership association for the nation’s most trusted family law attorneys. You will find us approachable and eager to help you with your child custody problem. Contact Eisenberg & Spilman, PLLC, today.
How do Michigan courts make child custody decisions? Michigan’s Child Custody Act of 1970 requires the court to make such decisions in the child’s best interests. The court determines the child’s best interests by considering several factors, such as:
If the court awards physical custody to one parent, the child will live with that parent, and the court will probably award scheduled parenting time to the other parent. If the court awards joint legal custody, both parents can make important decisions for the child. If the court awards sole custody to one parent, then only that parent will have the right to make big decisions, but the other parent will probably still get parenting time. The court will only deny parenting time to a parent if there is evidence that allowing visitation would harm the child.
Parenting time, or “visitation,” is a scheduled time in which you can see your child when the other parent has custody. The Michigan Friend of the Court Bureau’s Guide to Custody, Parenting Time, and Support states that the court can set a schedule or leave it up to the parents.
If the court leaves the parenting time schedule up to the parents, it will still mandate that the non-custodial parent receive a reasonable amount of time with the child. However, it will not define a reasonable amount of time, so this would be a matter for negotiation between the parents.
If you have some other dispute with your former partner, such as a dispute about child support, they may attempt to withhold parenting time to punish you for the disagreement. This is not allowed, as the enforcement mechanisms for parenting time and other aspects of the divorce are separate.
When you file a complaint asking for a divorce in Novi, Michigan, you can also ask the court to take several other actions, including:
According to the Friend of the Court Bureau, you must serve your spouse a copy of the complaint. They must respond within 21 days, and the court will schedule a hearing to rule on your complaint.
If you and your spouse disagree about custody or parenting time, the court will ask someone from the Friend of the Court Bureau to investigate the matter and make recommendations about custody and parenting time. When you meet with an employee of the Friend of the Court Bureau, you must answer their questions and assist them with their investigation. You have the right to request the court not to assign the Friend of the Court Bureau to investigate, but your partner and the court must agree, or the investigation will proceed.
A divorce is often an emotionally tense situation defined by intense conflict and an inability to agree on a compromise that will satisfy both parties. How can you resolve a disagreement with your former partner when you seem to argue about everything?
That’s exactly what Alternative Dispute Resolution is for. ADR brings in a trained professional who can view your situation objectively and seek a solution that both parties are willing to accept.
There are two different types of Alternative Dispute Resolution. Mediation is when a professional mediator helps you communicate with your former partner to find a way out of an intractable dispute that both of you can live with. The mediator will recommend a solution to your custody issue, but you aren’t obligated to accept their recommendation. If you don’t agree, you can still decide to resolve the issue at trial.
Arbitration is when a trained arbitrator examines the situation and then makes a binding decision both parties must accept. It’s a way to resolve truly thorny questions when neither side is willing to budge. However, if you use the services of an arbitrator, there is a possibility they will rule in favor of your former partner, and their decision will be binding.
At Eisenberg & Spilman, PLLC, we can mediate any conflict with your former partner to help you find a satisfactory solution. If your custody or parenting time issues seem impossible to resolve, a trained mediator can often find a way to resolve the issue.
Attorney Amy M. Spilman has extensive knowledge and experience of child custody issues in Michigan. She wrote the chapter on Custody in the LexisNexis Practice Guide: Michigan Family Law. Attorney Laura E. Eisenberg works with business owners and doctors who are going through a divorce or dealing with some other matter related to family law. Both attorneys are experienced mediating, so you can count on us to help you find a solution you’ll be happy with.
We are not a one-size-fits-all law firm. We know every custody case is different, and we have a dynamic team ready to work with any client. Our approach is collaborative, so don’t be afraid to tell us your goals. Whether you need help with child custody, child support, or parenting time issues, we can help you achieve those goals. You can count on us to work hard for you and to bill you fairly for our services. If you have a child custody matter in Novi, Michigan, contact Eisenberg & Spilman, PLLC, today.