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Michigan Laws on Divorce and Custodianship

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    • Divorce is never an easy thing to deal with, so many state laws have been passed to help all parties move on with their lives. In Michigan, specific legislations pinpoint how the courts should decide on primary custody rights as well as which parent will best act in the interests of the children involved.

    Finding Fault

    • Michigan has in place a "no fault" divorce law that allows its residents to obtain a divorce without establishing which party caused the dissolution of the marital relationship. A trial court has the capability to grant a divorce if it finds that no reasonable likelihood exists that the marriage can be resolved. Finding fault, however, may be established by one of the divorcing parties in the event of child custody litigation proceedings. Because Michigan courts award custody based on the best interests of the children involved, it stands to reason that lawyers will put spouses against each other to prove that their side is a better side for custodial parenting partnership.

    Figuring Out the Best Interest

    • Determining which parent should hold primary custody is a decision that the Michigan courts do not take lightly. The courts want a broad picture of what the family home will look like after the divorce dust has settled. Figuring out the best interest takes a number of factors into consideration. Judges base their decisions on the parents' financial status, emotional bondage with the children, moral conduct and many other issues. Judges also want to know about any occurrences of domestic violence and other abusive behaviors in the home. Most courts take the children's wishes into deliberation when the child is at least eight years old. Siblings in divorce proceedings are rarely split up by the courts and are often awarded to the same home after a decision has been made.

    Joint Custody

    • Joint custody may also be awarded if the judge finds the decision to be in the child's best interest. Parents who agree to joint custody share in the decision-making process of raising their children with their ex-spouse. These parents are encouraged to work together and this is widely seen as the preferred parenting plan for divorcing parents because everyone is involved. One parent is typically named the primary custodian while the other parent is granted parenting time. The primary custodian parent typically makes the decision on the child's primary residence, school and primary physician but input is provided by the noncustodial parent for any other major issue that might arise. It is important to note that joint custody does not establish a ground for modifying a child support order. Changes to the order must be made through the Michigan court system

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