Northville MI Custody & Visitation Law Blog

While most parents want sole custody and believe it is in the best interests of their child, that may not always be the case. Arguably, the best interest for any child is to spend quality time with both parents unless alcohol, drug, verbal or physical abuse, or anything similar is in the works. Also, sole child custody is a lot more responsibility for parents than what they might first realize. Perhaps for this reason, most courts, even those in Michigan, favor joint custody.

Courts are growing fonder of awarding joint custody, unless serious circumstances are on the table. Alternatively, at the very least, courts are leaning more towards more quality parenting time for the non-custodial parent, according to an article on the Huffington Post.

Although a divorce can involve a number of contentious issues, perhaps none can be as difficult to resolve as a child custody matter. Many Michigan residents no doubt know firsthand the truth of this. The parents may have a disagreement about how to raise the children, or they may not be able to reach an agreement on many child custody issues.

In order to gain the upper hand, parents may well bring evidence from outside of the courtroom or resort to other measures. The changing nature of technology has also played a role in this as social media evidence becomes increasingly used. However, new technology has also enabled some to resort to recording conversations.

Any Michigan resident who has gone through a child custody dispute knows just how trying it can be. Not only may the parents have deep disagreements regarding custody, but they may not even necessarily agree with how the children should be raised. Men especially may be put at a disadvantage in child custody cases as courts typically favor the mother. However, as a recent article that appeared in The Huffington Post explains, there are steps a father can take to improve their case.

In fact, the guidelines outlined in the article can apply to both men and women as they mostly involve treating the other parent with respect as the custody case continues. One of the items explains that criticizing the other spouse, even to close friends, may be counterproductive. Even when shared in private, such comments may eventually find their way into the custody proceeding, where they can be used as evidence.

Legislation is currently pending before the Michigan legislature that could affect the issue of fathers' rights. The legislation concerns a situation where the husband of the mother is not the child's biological father. In those situations, the biological father has no rights over the child, but many are seeking to expand fathers' rights in these matters.

The problem is due to the wording of the Michigan Paternity Act. Under the law, the biological father of any child born to a married woman is automatically assumed to be the husband of the mother. Thus when the biological father is someone else, that man may have no rights to see his child.