Rochester Hills, Michigan, is one of the best communities to raise children in the Metro Detroit area. It features great activities like the TreeRunner Adventure Park and Innovation Hills. Young engineers can enjoy the activities at the Robot Garage, and kids with an artistic side can paint their own pottery at The Painted Pot.
If you’re contemplating a divorce in Rochester Hills, you probably have some anxiety about who’s going to get custody of the children and how much parenting time you will have with your kids. A family law firm serving Rochester Hills like Eisenberg & Spilman, PLLC, can help you resolve your child custody issues so you can stop worrying and enjoy spending time with your kids.
You can count on the attorneys at Eisenberg & Spilman, PLLC to handle your child custody case effectively. All of the attorneys at Eisenberg & Spilman, PLLC practice family law exclusively and have a wealth of experience. Attorney Amy Spilman wrote the chapter on child custody for the LexisNexis Practice Guide: Michigan Family Law. If you have a custody issue in Rochester Hills, Michigan, contact Eisenberg & Spilman, PLLC, immediately to arrange an initial consultation to discuss your situation.
In Michigan custody includes both physical and legal aspects. Physical custody refers to where the child is staying, and legal custody refers to which parent has the legal authority to make important decisions about the child’s life.
Courts prefer to order joint custody whenever possible, but that depends on several factors. Under the Child Custody Act of 1970, the court must determine the best interests of the child based on the sum total of the following:
To file for custody of your children in Michigan, you must file a complaint with the circuit court’s family division. According to the Friend of the Court Bureau, you can file a complaint asking the court to grant a divorce, order child support, grant sole or joint custody, award parenting time, or establish paternity.
It’s important not to make any mistakes when filing your complaint, so having a lawyer handle this for you is a always best. Your lawyer will file the paperwork and then serve a copy to your spouse. Your spouse will have 21 days to file a response. Each party then has 28 days to serve the other party with a Domestic Verified Financial Information Form. After that exchange, your lawyer will begin negotiating on your behalf. The court will schedule a hearing to determine the status of your case and if necessary, refer the matter to mediation. If mediation is unsuccessful the court will schedule a trial.
If the court grants sole custody to one parent, it usually grants the other parent specific parenting time. The only reason the court would not grant parenting time to the other parent is if there is clear and convincing evidence that this would be physically, mentally, or emotionally harmful to the child.
According to the Michigan Friend of the Court Guide to Custody, Parenting Time, and Support, the court may specify a parenting time schedule or leave the details up to the parents as long as the non-custodial parent receives reasonable parenting time.
In some cases, the custodial parent may attempt to deny parenting time to the other parent despite the court order. This is not allowed, and you should talk to your lawyer if your former spouse is refusing to let you see your kids.
If you and your former partner dispute custody or parenting time, the court may appoint someone from the Friend of the Court Bureau to investigate the case and make recommendations.
Michigan’s Guide to Custody, Parenting Time, and Support lists two options for Alternative Dispute Resolution in a custody case:
The big advantage of using a mediator is that the mediator can look at complex disputes without getting emotionally tangled up in the result, allowing them to see a solution where both sides initially see only a conflict. Laura E. Eisenberg is a trained mediator, so she is uniquely qualified to help resolve unusually difficult disputes. In addition, all of the attorneys at Eisenberg & Spilman, PLLC are experienced in the mediation process and will ensure that your interests are respected in any custody agreement.
If you’re dealing with a child custody or parenting time dispute in Rochester Hills, Michigan, the skilled family lawyers at Eisenberg & Spilman, PLLC, can help. We are an all-female law firm with a strong focus on family law.
Attorneys Laura E. Eisenberg and Amy M. Spilman are members of the American Academy of Matrimonial Lawyers, a professional association whose membership includes the most trusted family lawyers in the U.S. Family lawyers from all over the country are proud to be associated with the AAML.
Attorney Eisenberg works with business owners, doctors, and other clients going through a high-asset divorce, as well as frequently handling prenuptial agreements. Attorney Amy Spilman is a seasoned litigator experienced in handling the most complex of family law cases. Both attorneys make a point of being approachable and helpful to our clients. We always bill fairly, so you never need to worry about what you’ll find on your bill.
Eisenberg & Spilman, PLLC, does not handle custody cases with a one-size-fits-all approach. Every custody case is unique, and our dynamic team of attorneys takes a collaborative approach to meet each client where they are. If you have a child custody case to resolve in Rochester Hills, Michigan, contact Eisenberg & Spilman, PLLC, today to get started with a confidential consultation.