Helping People Move Forward With Their Lives

Livingston County Child Custody Attorney

We are highly adept at finding the balance in child custody arrangements. As a parent, it would serve you best to take your emotions out of the situation. At the same time, you do not want to let the other parent walk all over you. As your advocates, we can obtain fair, reasonable child custody arrangements that protect your rights and the best interests of your children.

For more than 25 years, our Howell child custody attorneys have sought the best possible outcomes for parents. At Gormley Law Offices, PLC, we are trial lawyers who carefully consider whether litigation will positively impact the overall outcome for the children, rather than pursuing it just for the sake of going to court. In a divorce with kids, we would rather see parents reach a negotiated agreement. After all, they must share the children and communicate for the next 18 years or more.

Child custody involves both physical custody and legal custody. Our firm also handles related matters, including parenting time (visitation), relocations and parental rights. To learn more, call us at 517-219-9301 for a free consultation.

Types Of Custody In Michigan

What is physical custody?

Physical custody refers to where the children live. There are 12 factors in Michigan law used to determine what is in the child’s best interest. These include:

The love, affection and emotional ties between each parent and child
The length of time the child has lived in a stable environment and which parent can continue to provide that stability
The moral fitness of each parent
The mental and physical health of the parents
The child’s preference, depending on age and maturity
Any history of domestic violence
Child care or day care needs and costs

These factors help the court assess which living arrangement will provide the most stable, nurturing environment for the child moving forward.

What is legal custody?

Legal custody means having the power to decide on a child’s health, education and overall well-being. Michigan courts generally favor joint legal custody unless there is a compelling reason to award sole legal custody to one parent.

Michigan’s 50/50 Custody Trends

In recent years, Michigan courts have moved toward 50/50 custody arrangements, often referred to as “equal parenting time.” While there is no strict legal presumption that 50/50 is mandatory, judges increasingly recognize that maintaining a strong, consistent relationship with both parents is typically in the child’s best interest. Our firm stays current on these shifts and knows how local Livingston County judges view equal split schedules like week-on/week-off or the 2-2-3 rotation.

Considering a 50/50 split? We can help you determine if your arrangement meets the “best interest” standards used by the court. Schedule a meeting to discuss your custody goals.

Special Considerations For Unmarried Parents

Establishing custody as an unmarried parent in Michigan involves specific legal requirements. Under the Michigan Acknowledgment of Parentage Act, an unmarried mother is granted initial physical custody by law until a court order is established. For fathers, the first priority is establishing legal paternity, either through an Affidavit of Parentage or a court order of filiation.

At Gormley Law Offices, PLC, we help unmarried parents secure enforceable rights. Without a formal court order, a “handshake agreement” offers no legal protection. We represent you in court to help ensure your role in your child’s life is legally recognized and protected.

Setting Goals Can Help Keep You Focused During Child Custody Situations

People entering a co-parenting situation might not fully understand what it involves. One of the most helpful ways to stay focused is to set clear goals for all aspects of parenting.

Some of these goals may require cooperation from your co-parent, while others depend entirely on your own efforts:

Estate and financial planning: Make sure you protect your children in the event something happens to you. Set up an estate plan, explore trusts, and decide how to manage child-related expenses such as school clothing or extracurriculars.
Communication with your ex: Develop a plan for how to manage communication. This may include limiting contact, using monitored apps, or agreeing to communicate in writing to avoid manipulation or miscommunication.
Decision-making powers: You and your co-parent should decide together how to handle parenting decisions.
Routine matters like checkups and school choice: Address these early and also create a plan for handling emergencies.
Interactions with children: Focus on maintaining a calm, nurturing environment for your children. Creating new traditions or simply being present with them can help support their well-being.

The child custody order will shape some of your goals. Michigan parenting plans include schedules that dictate when children are with each parent. Review your plan carefully to ensure you’re in full compliance.

Frequently Asked Questions About Michigan Child Custody

Michigan custody and parenting time rules can be difficult to manage alone. Below, we have provided answers to frequent questions regarding how to establish or change a custody order in Michigan.

Can child custody be changed after divorce?

Yes, it can. However, Michigan law sets a high bar for custody modifications. You must show “proper cause” or a “significant change in circumstances” that has a material impact on the child’s well-being. Even if you and your co-parent agree on the change, the judge must still independently determine that the modification serves the child’s best interests before signing a stipulated order.

If you cannot reach an agreement, you must petition the court showing grounds such as:

Relocation: A proposed move of more than 100 miles from the child’s legal residence (which requires court approval under MCL 722.31).
Safety and stability: Issues involving substance dependency, mental illness or domestic abuse.
Schedule violations: A co-parent consistently disregarding the parenting schedule to an extent that significantly destabilizes the child’s environment.
Changing needs: Significant changes in the child’s physical or emotional health requirements.

If both parents agree on the changes, they can submit a modified custody agreement to the court without going through litigation. If not, the parent seeking the change must petition the court and explain why the modification serves the child’s best interests.

Judges will not modify existing orders without a compelling reason, so it’s essential to work with an experienced attorney. We help clients across Livingston County understand their options and build strong cases for change.

How is custody determined in Michigan?

Judges decide custody cases using the “best interests of the child” standard. The court weighs 12 specific factors, such as emotional ties with each parent, the child’s home environment, any history of violence and the child’s preferences when appropriate. Courts strive to ensure children maintain a meaningful relationship with both parents when possible.

How do unmarried parents establish custody in Michigan?

Unmarried parents must first ensure paternity is legally established. Once legal fatherhood is confirmed, either parent can file a “Complaint for Custody.” The court will then apply the 12 “Best Interest” Factors defined in MCL 722.23 to determine a formal schedule for physical and legal custody.

Does Michigan favor 50/50 custody arrangements?

While the “best interests of the child” remains the ultimate standard, there is a growing trend among Michigan judges to favor arrangements that provide substantial time with both parents. However, a 50/50 split must be practical; factors like the parents’ proximity to one another, their ability to cooperate and the child’s school schedule are heavily scrutinized.

Talk To A Livingston County Child Custody Lawyer

Gormley Law Offices, PLC, serves clients in Livingston County and nearby communities such as Howell and Fowlerville. Whether you’re seeking primary custody, joint physical custody, parenting time modifications or guidance with your parenting plan, we’re here to help.

Attorney John Gormley provides hands-on legal counsel and brings over decades of experience to every case and a familiarity with local judges and courts. To schedule your free consultation, call 517-219-9301 or contact us online.

We keep our office open Monday through Thursday from 9 a.m. to 5 p.m., and Friday from 9 a.m. to 4 p.m. Evening and weekend appointments are available by request.