Child Custody & Parenting Time2022-02-01T00:30:51-05:00

Custody

Child custody does not have to be a combative and emotionally difficult issue in divorce. At Corriveau Family Law we will help you in determining which form of custody is in your child’s best interest and the standards used by the Court, which can be found at MCL 722.23:

  1. The love, affection, and other emotional ties existing between the parties involved and the child.
  2. The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
  3. The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
  4. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
  5. The permanence, as a family unit, of the existing or proposed custodial home or homes.
  6. The moral fitness of the parties involved.
  7. The mental and physical health of the parties involved.
  8. The home, school, and community record of the child.
  9. The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
  10. The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
  11. Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
  12. Any other factor considered by the court to be relevant to a particular child custody dispute.

Parenting Time

In addition to custody, a Judgment or Order must address parenting time. At Corriveau Family Law we will assist you in deciding what arrangements work best for your family.

Child custody and parenting time may be modified, but it can be difficult to overcome the legal burden. It is important thus to assure or such agreement considers all current and future implications before reducing it to an Order or Judgment.

Factor A: The existence of any special circumstances or needs of the child2022-02-01T00:04:43-05:00
  1. What emotional impact will parenting time have on the child?
  2. How long has it been since the child spent significant time with the parent?
  3. Does the parent have the ability to accommodate the special needs of the child?
Factor B: Whether the child is nursing less then 6 months of age, or less then one (1) year of age if the child receives substantial nutrition through nursing2022-02-01T00:05:18-05:00
  1. What the age of the child is?
  2. Does the child have special needs?
  3. Are both parents aware of the these needs and how to car for them?
  4. Can the nursing and/or nutritional needs be met by the implementation of a parenting schedule?
  5. Can formula meet the nutritional needs?
Factor C: The reasonable likelihood of abuse or neglect of the child during the parenting time2022-02-01T00:05:52-05:00
  1. Are there any indications of physical violence by the parent on the other party?
  2. Are there any indications of violence by the parent on the child?
  3. Is there information available that indicates the parent is verbally, mentally, or emotionally abused, by the parent, another family member, or live relationship?
Factor D: The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time2022-02-01T00:06:23-05:00
  1. Does either parent insult or berate the parents?
  2. Does either parent threaten the other parent?
  3. Has there been a history of conflicts between the parents during parenting time?
  4. Is there evidence that an act of violence was committed by either parent towards each other?
  5. Has either parent been prosecuted or convicted of a violent crime?
Factor E: The convenience to, and the burdensome impact or effect on , the child traveling for purposes of parenting time2022-02-01T00:06:54-05:00
  1. Will the traveling between the party’s homes have an impact or effect on the child traveling for purposes of parenting time?
  2. Is the age of the child appropriate for amount and means of travel required by the parenting time?
  3. If the parent cannot transport the child, can someone who the child feels comfortable with the transport the child?
  4. Would the means of transportation cause the parent anxiety or stress?
Factor F: Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order?2022-02-01T00:08:32-05:00
  1. What circumstances have changed that prevents the parent from exercising parenting time (e.g. new job, health conditions, second family)
  2. Is the child significantly older since the entry or modification of the court order for parenting time?
  3. Is the child involved with more school activities now then when the order was entered?
  4. Does the child makes plans that interfere with parenting time?
  5. Is the parent frequently later when picking up and dropping off?
  6. Has the parent ever withheld the child from the other parent?
  7. Has the parent ever been charged with parental kidnapping?
Factor G: Whether a parent has frequently failed to exercise reasonable parenting time2022-02-01T00:09:02-05:00
  1. Are there indications that a parent has failed to spend time with the child?
  2. Has the parent frequently called at the last minute to cancel plans?
  3. Has the parent also gone long periods with no attempts to contact the child?
  4. Does the parent routinely invest time in hobbies, interests, or adults friends over spending time with the child?
  5. Does the parent raise parenting time issues, only during child support enforcement issues?
  6. Is there any indication the parent has interfered with the either parent’s time with the child?
  7. How much time does the parent actually spend with he child?
  8. Is there an over reliance on the use of a child care provider or third party to watch the child?
Factor H: The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent temporary residence with the child in a domestic violence shelter shall not be constructed as evidence of the custodial parent’s intent to retain or conceal the child from the other parent.2022-02-01T00:09:35-05:00
  1. Has the parent ever concealed the child from the other parent?
  2. Has the parent ever been charged with parental kidnapping?
  3. Has the parent ever abducted the child from the other parent’s home, school, or child care provider?
  4. Has the parent ever made threats to take the child to another state or country and not return?
  5. Does the parent refuse to provide the other parent with information regarding vacation plans?
Factor I: Any other relevant factors.2022-02-01T00:10:05-05:00
  1. Should parenting time be structured so the child has consistent contact with the siblings and step siblings?
  2. Is the child involved with community and school activities?
  3. That may interfere with parenting time?
  4. Is each parent able to discuss the parenting time schedule with the other parent?
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