A court awards custody to parents based on the “best interests of the child” test. This test is broad and flexible, allowing courts to tailor each parent’s rights and responsibilities. The custody order will deal with a few different types of custody.
Types of Custody in Michigan
A custody order will deal with the following two types of custody:
Legal Custody
Legal custody is the right to participate in decisions that affect a child’s life. The following matters fall within the authority of a parent with legal custody:
- Healthcare
- Religion
- Education
- Travel
- Extracurricular activities
A parent may have sole or joint legal custody. If the parent has sole legal custody, they are not required to share the decision-making with the other parent. In other words, the custodial parent has the authority to make these decisions without consulting the other parent. If there is a disagreement, the non-custodial parent cannot object.
Parents with joint legal custody share the decision-making authority. Generally, courts expect parents with joint custody to work out any disputes between them. However, if they cannot reach a mutually agreeable solution, they can involve a judge in the decision.
For example, suppose that a child has a serious illness and the doctors have proposed an experimental treatment. One parent wants the therapy while the other disagrees. The parents can work with the doctors to try to arrive at a solution. If they cannot agree, a parent with legal custody can petition the court to order or block the treatment.
Physical Custody
Physical custody determines the child’s living arrangements. Again, physical custody may be sole or joint. If a parent has sole physical custody, the child will live only with them. Sole physical custody with one parent may be appropriate when the other parent experiences any of the following situations:
- Homelessness
- Substance abuse
- Prior instances of child abuse or neglect
Depending on the reasons for awarding physical custody, the other parent might be able to visit, but the child will not live with them. For example, suppose that a parent is addicted to drugs. A court may permit supervised visits with the child that are limited in scope and duration.
Joint physical custody happens when children live with each parent. This is the type of custody arrangement that typically appears in your court-ordered parenting plan. It describes when the child lives at each residence during the school week, on weekends, and over school breaks.
Separating Custody Types
Courts distinguish between legal and physical custody. A parent might have legal custody without physical custody.
Thus, a homeless parent might not have physical custody. However, they may still have the authority to participate in decisions affecting their child’s upbringing. Moreover, when the parent has stable housing, they can petition the court to modify the custody order and award joint physical custody.
Contact Gucciardo Family Law to Discuss Your Child’s Custody
Child custody can involve complex emotions and safety issues. Contact us to discuss your child’s situation and how we can assist you in fighting for a custody arrangement that protects their interests.
