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Whether the other parent agrees or not, you will need to file a motion to ask the judge to change the custody order in your family law case. You are called the moving party if you file a motion, and the other parent is the Respondent.
The judge must decide if joint custody is in the best interests of the child. The judge could award joint custody and equally divide the time the child spends with each parent. However, the judge could also award joint custody and not equally divide the time the child spends with each par- ent.
The Michigan Child Custody Act presumes it is in the best interests of a child to have a strong relationship with both parents. Courts in Michigan use 12 factors called the best interest factors to determine what custody arrangement is in the best interests of the child/children involved.
You cannot deny parenting time in Michigan without a court order. If you refuse parenting time to the other parent, you may be held in contempt of Court. Proper cause is always needed if you are denying parenting time in Michigan.
Step 2: Complete your forms Complaint (State your type of case, detail the parenting schedule and parenting plan you want, and explain why your requests are in the children's best interests.) Verified Statement. Friend of the Court Questionnaire. Uniform Child Custody Jurisdiction Enforcement Act Affidavit.
The short answer is YES. The number of overnight parenting days you have is one piece of the puzzle used when calculating child support. Generally, the more overnights a parent has the less child support one pays.
If the judge determines that a custodial environment has been established, judges can only change custody if it is clear and convincing that there has been significant change in circumstances and that the custody change is in the best interests of the child.