Child Custody

Child custody cases tend to be the most sensitive in family law. As a parent, you want to make sure that your child is protected, and a skilled child custody attorney can make a huge difference in the outcome of your case. At Twiss and Twiss, we fight for your child's best interest.

In Michiigan, there are two forms of custody: legal and physical.

Legal custody can be granted to one or both parents and refers to the ability to determine the child's lifestyle. Religious, medical, and educational decisions are made for the child by the legal custodian(s).

Physical custody refers to where the child lives. If one parent has sole physical custody, the child lives with that parent and the other parent may be granted visitation. Alternatively, if both parents have physical custody, the child lives with each parent for half of the time.

If a parent has visitation rights, the court determines a schedule for visits between parent and child that is convenient for both parents.

In child custody cases, the court makes decisions that are in the best interest of the child. Factors courts consider include the following:

• The love, affection, and other emotional ties existing between the parties involved and the child.
• The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
• 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.
• The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
• The permanence, as a family unit, of the existing or proposed custodial home or homes.
• The moral fitness of the parties involved.
• The mental and physical health of the parties involved.
• The home, school, and community record of the child.
• The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
• The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
• Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
• Any other factor considered by the court to be relevant to a particular child custody dispute.

If necessary, the court may conduct a Child Custody Evaluation that includes interviews and psychological exams for the children and possibly the parents. The court can deny a parent's request for an evaluation; however. if one is performed, the parents may be liable for the cost of the evaluation.

The experienced attorneys at Twiss and Twiss have handled many contentious child custody cases. We know that the best solution is one that both parents and the child will be happy with. We can make custody decisions much easier for your family by providing you with the best up-to-date legal knowledge and advice.