Dealing with a child custody dispute can be quite emotional, as you try to understand and decide what is best for your children. These decisions can include custody changes, support changes and even requests to change a child's home.
The family law attorneys at Collis & Griffor, PC, can help make this process easier. We know it is important to have an attorney who understands the law and can talk to you about your goals for the children, the state of the law and what the judge may do in your case.
Types Of Custody
There are two types of custody — physical and legal. And both physical and legal custody can be either joint or sole.
- Physical custody refers to where the minor children physically live. If a minor child resides at both parents' homes more than 128 days, the parties have joint physical custody.
- Legal custody has nothing to do with where a child lives. It only has to do with the ability of the parents to make decisions about a child's life, such as health care, education and religious upbringing.
In the vast majority of divorce cases, joint legal custody is given to both parties, whereas primary physical custody (whether joint or sole) is given to one party.
Custody can be changed after a divorce, support case, custody case or paternity case. However, a court will look to the best interests of a child to see if a custody change is warranted — and a change in custody must be based on some change in circumstances between the parties.
Moving Out Of State With A Minor Child
Barring an agreement from the other parent, court permission is required to move a minor child out of state or more than 100 miles from the other parent.
To move outside this boundary, a parent must show four things: the move is not being made to prevent the other parent from exercising parenting time; the move has the capacity to improve the life of the moving parent and child; that the objection of the non-custodial parent is based on trying to secure a financial advantage; and the opportunity for the non-moving parent to obtain parenting time and the extent to which the custodial parent will accommodate parenting time.
If parents have joint custody and the move would cause less than 128 overnights for one parent, then the court will also deem the move a change in custody and will use the best interest of the child standard to determine if a change in custody should occur.
If you are looking for a lawyer well-versed in family law matters including parenting time in Ypsilanti, call Collis & Griffor, PC, today at 734-827-1337 or contact us online to set up an appointment for a free consultation.