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Troy Custody Attorneys

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Eisenberg & Spilman, PLLC Attorneys Eisenberg & Spilman, PLLC Attorneys Eisenberg & Spilman, PLLC
Home | Michigan Family Law Firm | Troy Custody Attorneys

There are many fun things to do with kids in Troy, Michigan, such as a visit to the Troy Historic Village, the Somerset Collection, or the Troy Family Aquatic Center. You want to keep building memories with your children despite your pending divorce, but that all depends on resolving custody with your spouse. Once you’ve worked out custody and parenting time issues, you can enjoy Troy and all it has to offer with your children.

Eisenberg & Spilman, PLLC is a family law firm serving Troy, Michigan, and other Metro Detroit communities. Attorney Amy M. Spilman focuses on child custody issues and is the author of the Custody chapter of the LexisNexis Practice Guide: Michigan Family Law. If you have child custody issues to resolve in Troy, Michigan, contact Eisenberg & Spilman, PLLC, today.

Child Custody in Michigan

Michigan’s Child Custody Act of 1970 mandates that all child custody decisions must be made in the child’s best interests. The Act defines the child’s best interests as the sum of several factors, including:

  • The love and affection between parent and child.
  • The parent’s capacity and disposition to give the child love, affection, and education in whatever religion the family follows, if any.
  • The parent’s ability to provide for the child’s material needs, such as food, clothing, shelter, and medical care.
  • The length of time the child has lived in a stable, satisfactory environment.
  • The permanence of the proposed living situations.
  • The moral fitness of both parents.
  • The mental and physical health of both parents.
  • The child’s home, school, and community records.
  • The child’s reasonable preferences.
  • The willingness and ability of each parent to facilitate a close relationship with the other parent, except in cases of abuse.
  • Any domestic violence in the relationship, even if the child didn’t directly experience this violence.
  • Any other relevant factors.

Sole Custody and Joint Custody

According to the Michigan Custody Guideline, the Court can order sole or joint custody. Sole custody is when the Court grants physical and legal custody to a single parent. Joint custody is when the court orders both parents to share custody.

Joint custody can refer to physical custody, legal custody, or both. Joint physical custody means that the child splits their time between both parents’ homes. Joint legal custody means both parents can make major decisions for the child.

Parenting Time

According to the Michigan Friend of the Court Bureau’s Guide to Custody, Parenting Time, and Support, parenting time used to be known as visitation. If one parent is granted custody of the child, the Court will usually grant parenting time to the other parent. The Court will assume that time with the non-custodial parent is in the child’s best interests unless there is clear evidence that this would endanger the child’s physical, mental, or emotional well-being.

The Court can either order a specific parenting schedule or “reasonable” parenting time, in which case both parents must agree on a parenting schedule. Parenting time is separate from other issues and has separate enforcement provisions, so neither parent can deny parenting time to the other because of an issue such as unpaid child support.

Starting a Child Custody Case in Michigan

To open a child custody case in Michigan, you must file papers with the family division of the circuit court. You don’t need a lawyer to file child custody papers, but the Friend of the Court Bureau points out that the issues involved are complex, and it is often wise to hire an attorney to handle the case for you.

You can file court papers for several purposes, including:

  • Divorce
  • Child support
  • Paternity
  • Custody
  • Parenting time

Once you’ve filed a child custody complaint with the Court, you must arrange for someone to serve a copy of the complaint to the defendant and the Friend of the Court’s informational handbook. The defendant then has 21 days to respond or lose their right to be heard by the Court.

Once both parties have filed papers with the Court, either party can request the Court for orders to resolve custody or parenting time issues. The Court will schedule a hearing, at which you can tell the Court why you want it to file whatever order you request.

The Friend of the Court Office

If you have an unresolved child custody issue, the Friend of the Court office will conduct an investigation and then make recommendations to the Court.

The Guide to Custody, Parenting Time and Support lists your rights in a Michigan child custody case as:

  • The right to request a meeting with a Friend of the Court employee about any issues you have
  • The right to request a Friend of the Court’s recommendation on a support modification request
  • The right to file a grievance about the behavior of any Friend of the Court employee
  • The right to expect the Friend of the Court Bureau to explain its procedures and policies to you
  • The right to opt out of using the Friend of the Court Bureau if your spouse agrees
  • The right to hire an attorney to represent your interests

You also have several responsibilities, including:

  • Giving the Friend of the Court Bureau your address, employer, phone number, driver’s license, social security number, and health insurance information
  • Providing any information the Friend of the Court Bureau needs to carry out its duties
  • Obeying any court orders

Alternative Dispute Resolution

If you’re having trouble resolving child custody and parenting time issues with your former spouse, you can request Alternative Dispute Resolution. The Court can also order ADR to help you resolve these issues.

The Guide to Custody, Parenting Time, and Support describes two types of Alternative Dispute Resolution:

  • Mediation is when a trained mediator helps you agree on a resolution with your former partner. You can agree or disagree with the mediator’s recommendations, but if you disagree, the case will go to trial.
  • Arbitration is when an arbitrator helps you resolve issues with your former partner. The arbitrator’s decisions are binding on both parties.

Mediation can be a great way to resolve issues that seem impossible to agree on. Attorney Laura E. Eisenberg is a trained mediator, and we look forward to helping you solve your custody dispute.

Contact a Troy, Michigan Child Custody Lawyer Today

If you’re going through a divorce, you have many issues to resolve, including child custody, child support, and parenting time. Troy, Michigan, family law firm Eisenberg & Spilman, PLLC, can help you resolve these issues and move on with your life.

Attorneys Laura E. Eisenberg and Amy M. Spilman are the Fellows of the American Academy of Matrimonial Lawyers, a professional membership association of the most trusted family lawyers in the United States. Laura focuses on working with doctors and business owners who are going through a divorce, while Amy helps our clients resolve custody issues. Both attorneys are approachable and dedicated to resolving our clients’ issues.

Eisenberg & Spilman, PLLC, is not a one-size-fits-all practice. We have a highly dynamic group of attorneys who can work with any potential client and maintain a collaborative approach to client care. You will find that we always bill fairly. If you have a child custody issue in Troy, Michigan, immediately contact Eisenberg & Spilman, PLLC.

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