Get MI FOC 10/52 2011

Contrary to popular belief, there is no age in Michigan when the child can unilaterally decide which parent to live with other than after age 18. The preference of the child, however, is one of the many considerations that the judge will consider when making decisions regarding child custody or parenting time.

Contrary to popular belief, there is no age in Michigan when the child can unilaterally decide which parent to live with other than after age 18. The preference of the child, however, is one of the many considerations that the judge will consider when making decisions regarding child custody or parenting time.

The legal answer may be yes even though the ethical answer could be no in some situations. Under the law, each parent must follow a custody order exactly. ... A parent may have a different role in making visits happen for a four-year old child versus a 14 year-old one.

If child is 14 or older, child has the right to choose the custodial parent. If the child is 14 or older, child has the right to testify in court regarding the preference of custodial parent. If the child is 14 or older, the judge may consider the wishes of the child.

Until a child is a legal adult at age 18, he or she cannot automatically choose which parent to live with. Cases in which one parent wishes to relocate can also be challenging. This situation, however, often comes into play when custody has already been granted.

When a child is of sufficient age to express a preference, the court must consider his or her opinion before deciding custody. In Michigan, a child aged 17 or older may choose the parent he or she wants to live with. Judges must interview children aged nine or older to determine their perspective on custody.

Yes your daughter will need to address this issue with the Court and change the parenting time order. There is no legal age in Michigan that applies to this situation other than age 18.

The custodial parent may feel that they are letting their child down if they force their child to go on visitation. ... For the custodial parent, they may be accused of interfering with the other parent's visitation if the child does not go.

If visitation is not in the best interest of the child, the court will deny the non-custodial parent's request. ... Child refuses to visit: as long as this refusal reflects the child's true wishes and there has been no negative influence by the other parent, the court may decide not to order visitation.

At the age of 12 a child is deemed to have sufficient maturity to express his or her views. From 12 years and above the court must find out what a child's views are in a case concerning that child, but, contrary to common belief, the child does not get to decide .

A child is legally a minor until he/she turns 18. While a child may express strong views about who they want to live with, those views are just one of a number of factors to be taken into account by the court when deciding who he/she will live with.

File your custody case in the circuit court in the county where your child has lived with a parent for at least the last six months. To start your custody case, file the following documents: Summons. Complaint for Custody, Parenting Time, and Child Support.

A substantial change in circumstance usually means a substantial and permanent change. It cannot be temporary or be caused by something the parent voluntarily did. Some of the factors the court may consider in modifying a custody agreement include: Any difficulties in carrying out the current custody or parenting plan.

Substantial Change of Circumstances A court may grant a custody modification if the circumstances have substantially changed since the time the original order was in place. ... If the needs of the child change, such as changing needs in schooling or medical attention, courts may also consider modifying custody.

Show a Substantial Change in Circumstances A substantial increase in the non-custodial parent's (paying parent) income, usually 10% or more - courts consider it in the best interests of the child to live in reasonably equal circumstances when residing in either parent's home.