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A Brief Overview of Custody

An issue of child custody will come up, either through divorce, paternity cases, or other custody disputes.  Under Michigan law, child custody is divided into two parts: physical custody and legal custody. In a divorce or custody dispute, the child’s parents need to address the issues of both legal and physical custody.

Physical custody describes where the child is physically residing.  Legal custody, as a separate part, is the authority to make major decisions affecting the child’s welfare, such as education, medical care, discipline and religion.

Legal custody can, and often, is shared between the parties.  This is referred to as joint legal custody.  Joint legal custody means that the child’s parents share the authority to make decisions affecting the child’s welfare.  Joint legal custody brings along with it both privileges and limitations for the parents. Most significantly, it limits both parents from moving.  Both parentswho share joint legal custody cannot move out of state or more than 100 miles from where they currently reside.  If a parent then needs to move out of state, they would need court permission or a written agreement from the other parent to do so.

If you find that you are facing an issue involving a custody dispute, contact the attorneys at ADAM

About ADAM (American Divorce Association for Men)
