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Children with parents who use substances are at an increased risk for child maltreatment. Drugs and alcohol inhibit a parent's ability to function in a parental role and may lessen impulse control, allowing parents to behave abusively.
If you have a reasonable parenting time arrangement, use your average number of annual overnights or ask the court to order a specific parenting time schedule. Despite common misconceptions, equal parenting time (50/50) does not eliminate child support, nor does zero 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 court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.
Under Michigan law, courts already can award joint physical custody, or shared physical custody. In many cases, courts do make the decision to award 50-50 shared physical custody, but this is not the issue at stake with the proposed legislation.
How common is a 50/50 arrangement? In applying the factors mentioned above, there is no automatic presumption that time between the parents should be equally shared, nor that either parent is automatically entitled to any minimum amount of time with the children.
In some states, the court begins the custody process by presuming that joint custody is in the child's best interest. In Michigan, however, the law only requires the court to advise both parents of joint custody and requires the court to consider joint custody only if either or both parents request it.
Under Michigan law, courts already can award joint physical custody, or shared physical custody. In many cases, courts do make the decision to award 50-50 shared physical custody, but this is not the issue at stake with the proposed legislation.
Some people mistakenly believe that when a child reaches a certain age in Michigan that child may choose what parenting time they should have with each parent. That is not true. In Michigan the child must be an adult, age 18, before he/she can decide with whom they will live.