When parents of minor children divorce in Michigan, custody issues are often their top priority. While they also need to address financial matters, including property division, the preservation of their relationship with their children is the most important consideration.
If parents can agree on custody matters, then they can set their own terms. Otherwise, they need a judge’s authority to settle their disputes and establish a custody order. Parents generally have equal rights under the law. The courts do not give preferential consideration to a parent based on their sex. Instead, judges settling custody disputes focus on what is likely best for the children. Factors, including the relationships that the children have with their parents, may influence what a judge decides is best for them.
Can children who have a challenging relationship with one parent ask a judge to place them in the home of the other parent?
Children don’t control custody decisions
Children and teenagers do not yet have fully mature brains. They often struggle to make decisions that are actually in their own best interests. As such, parents generally have legal authority over minor children. They decide what medical care the children need and where they live.
In a joint custody scenario, parents usually share decision-making authority once there is a custody order in place. To reach that point, however, a judge may first have to settle disagreements about the allocation of parental rights and responsibilities.
The judge may consider the children’s preferences when dividing parenting time. Michigan does not establish a specific age at which a child has the right to express their preferences in family court. Instead, the judge considers the child’s age and maturity when deciding how much their wishes influence the final custody order.
Mature, well-reasoned preferences can be one of the factors a judge considers. However, children do not have the final say regarding the division of parenting time or which residence is ultimately their primary residence.
Parents who are familiar with Michigan’s unique approach to contested custody cases can advocate for themselves and their children. Even those who currently struggle to connect with their pre-teens or teenagers can potentially secure shared custody. Discussing custody concerns with someone familiar with the law can help parents to strategize effectively before custody litigation.