What is the different between legal and physical custody?
Can I move my child out of the state?
Welcome back to our latest series on child custody in Michigan. This week, I have been sharing all about child custody cases. Today, I will be discussing specifically about what will likely be determined in the custody case.
Please note that this is free and general information. Every family’s situation is different. If you have any specific questions, please contact my office.
5 Areas Where Determinations Will Be Made for Child Custody in Michigan
- Physical Custody
Physical custody decides who the child lives with. This type of custody can be shared or solely awarded to one parent. Typically when one parent is awarded custody the other parent is given visitation.
- Legal Custody
Legal custody provides the right to make major decisions for the child. Decisions like,
- The child’s medical treatment
Either sole or joint legal custody will be awarded. If only one parent or sole custody is awarded legal custody that means that one parents will make those major life decisions alone. If joint legal custody is awarded, then both parents can work together to make decisions.
Once the order of custody is entered, the court must approve whether or not the child can be moved out of the state. If one parent is planning on moving, the parent must provide the friend of the court with the child’s address in writing.The 100-Mile Rule
If joint legal custody is awarded then the 100-mile rule may apply. The 100-mile rule is described well by Michigan Legal Help,
The “100-mile rule” prohibits either parent from moving more than 100 miles away from the other parent (even within Michigan) without the court’s approval.”
- Parenting Time
Parenting time is the amount of time each parent is given with the child. Parenting time will be determined depending on which type of custody is awarded and what is in the best interest of the child.
- Child Support
If you are wondering if you will have to pay child support, check out our article, Divorce in Michigan: All About Child Support. Even if you are not getting a divorce, you may find the information helpful.
If you have any additional questions, please do not hesitate to contact my office. If you are wondering what the process of filing for custody is like, please make sure to come back on Friday.
248-348-7400 or 586-530-1000