Custody
Types of Child Custody
There are two types of custody: legal custody and physical custody. Legal custody refers to who has the legal right to make important decisions for a child including decisions affecting the child’s health, education, and welfare. Physical custody refers to where a child primarily lives.
Legal Custody
Legal custody can be granted to one parent (sole legal custody) or jointly to both parents (joint legal custody). If parents share joint legal custody, the parents must make important decisions affecting their child’s welfare together.
Access to Records of a Child
Federal law and Michigan law gives a parent the right to access certain records or information about his or her child regardless of the custody arrangement, unless the parent is prohibited from having access to the records or information by a protective order. Included are medical, dental, school records, daycare provider records, and notification of meetings regarding the child’s education. MCL 722.30
It is each parent’s own responsibility to gain copies of whatever records of treatment, progress, medications, calendars, and other educational and medical records they want for their children. Schools and doctor’s offices are generally aware of these laws and are cooperative. The FOC has no authority to enforce this law against schools, health care providers, or others who refuse to provide the records. You may wish to contact an attorney if you are denied this right.
Physical Custody
Physical custody can be granted to one parent (sole physical custody) or jointly to both parents (joint physical custody). Joint physical custody does not necessarily mean that the parties will have equal time with the child.
Parents are encouraged to reach their own custody agreements. Custody is contested when more than one party wants to be the custodial parent. In disputes between parties, the matter may be referred to the Friend of the Court Office for an evidentiary hearing. A recommended order will be entered after the hearing. See Referee Hearing for additional information.
Michigan Child Custody Act (MCL 722.23)
In deciding the custodial arrangements, the court must consider all of the following factors of the Michigan Child Custody Act:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and continuation of the educating and raising of the child in its religion or creed, if any.
(c) 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.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(I) The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child's other parent.
(k) Domestic violence, regardless of whether the violence was directed against, or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
MCL 722.23