Child Custody & Parenting Time Family Attorneys

Michigan law distinguishes between legal custody (the right to make major decisions for a child) and physical custody (where the child lives). 

Legal custody may be awarded to one parent (sole) or shared (joint). Physical custody may be structured in many ways depending on the child’s needs and parental circumstances. In addition, parenting time (formerly called visitation) governs how a child spends time with the non-custodial parent. 

In any custody case, the court’s primary consideration is the best interest of the child, as defined by Michigan statute. The court determines whether the child has an established custodial environment (ECE) with one or both parents; if so, a higher standard (“clear and convincing evidence”) must be met to change it. 

Starting a custody case usually begins with filing a complaint or motion in the Circuit Court’s Family Division in the county where the child resides. If parents already have court orders in place (for divorce, support, etc.), those documents may need to be reopened or modified rather than starting anew.

To obtain or change custody or parenting time, a parent must show both proper legal basis (such as a change in circumstances) and that any proposed arrangement serves the child’s best interests. The Michigan Child Custody Act lists many factors judges consider, including emotional ties, stability of the home environment, health of the parents, and the child’s preference if old enough. 

Our attorneys assist clients in preparing for hearings, gathering evidence (school records, medical history, parenting time logs), advocating at mediation or trial, and presenting credible, compelling cases aligned with the Child Custody Act.

Navigating a custody or parenting time matter effectively requires attention to several critical considerations:

• Selecting the right legal custody structure: Joint legal custody may benefit children but requires cooperation. Sole legal custody may be appropriate when shared decision-making is not feasible.
• Physical custody and parenting time schedules: Developing reasonable, child-appropriate time with each parent helps promote healthy relationships and reduces future conflict.
• Maintaining a stable environment for the child: Judges place value on continuity in the child’s life—home, school, community, and relationships. 
• Parental cooperation and communication: Courts look favorably on parents who encourage time with the other parent and support the child’s relationship.
• Modifying existing orders: If your circumstances change (job loss, relocation, health changes, decreased parenting time), you may petition for modification. But you must show change in circumstances and best interest.

At Mihelich & Kavanaugh, PLC we help you anticipate and handle these factors, avoid common mistakes (such as failing to disclose major changes or not preparing adequately for a hearing), and secure a custody plan aligned with both your child’s needs and your rights.

If you are facing a custody dispute, need to establish or modify parenting time, or simply want to understand your rights under Michigan law, the attorneys at Mihelich & Kavanaugh, PLC are prepared to assist you. We’ll review your situation, explain the key issues, and provide strategic guidance tailored to your family’s needs.

Call our office today or fill out our secure online form to schedule a consultation. Let us help you protect your child’s future and your parental relationship with clarity and confidence.