Best Child Custody Lawyers in Southfield, MI

All of us go through difficult times and divorce is a big decision. It is not right for every situation. You have to be mentally, emotionally and financially prepared to go through the process. Many people just jump in without giving any thought or preparation to what life will be like after divorce. This could cause you to make poor decisions throughout the process that could have a long-lasting impact on your life. If you are even considering whether or not to begin the divorce process you should consult with an attorney to determine if it is truly the best option for your situation.

If you and your spouse do not have any minor children at the time that you file for the divorce then you must wait a minimum of 60 days from the day you file your complaint before you can finalize your divorce. If you and your spouse have minor children at the time that you file for divorce then you are subject to a 6-month statutory waiting period which begins on the date that the initial documents are filed. Many judges will allow you to waive the 6-month statutory waiting period if good cause is shown, and this is determined on a case-by-case basis.

When you file for divorce, you can request that the court enter a Status Quo order that requires you and your spouse to continue maintaining the status quo. This means that you would both be required to handle your financial obligations while the divorce is pending the same as you did during the course of your marriage. This means that you would need to continue to deposit your paychecks into the same accounts, , pay bills from the same accounts and not engage in any unusual spending. It is best to make sure that you are clear on how bills were paid prior to filing when making this request.

Custody is modifiable until your child is 18 or graduates from high school. In order to modify custody you have to show the Court that there has been proper cause or a change in circumstances since the entry of the last Court order regarding custody. A change in circumstances means that since the entry of the last order on custody, conditions which have or could have a significant impact on the child have materially changed. This is not always so easy to prove and we strongly encourage that you seek counsel before filing a motion to modify custody to discuss the legal requirements and process.

The preference of the child is one of the twelve best interest factors and while it may be taken into consideration, it is just one of several factors tat the court considers in making custody and parenting time decisions. The child also has to be of a sufficient age to be able to express a preference. If the judge wants to speak with your children regarding their preference for custody and/or parenting time, they will typically interview your child in a private meeting that neither the attorneys or parents are permitted to attend. This is to allow your child to not be subject to any unnecessary pressure from either party. The judge will not usually disclose what was discussed during the meeting but will use the discussion in making a final decision.