Understanding Child Custody: A Parent-Friendly Guide

Navigating child custody can feel overwhelming, especially when you’re already dealing with the emotional weight of a separation or divorce. At Woznicki Law, we believe in making the legal process more approachable and less intimidating. Our goal is to guide families through custody matters with clarity, compassion, and a focus on what truly matters: the well-being of your child.

What is Child Custody?

Child custody refers to both the legal and physical responsibilities parents have for their children after a separation or divorce. It includes decisions about where the child lives, who makes important life choices, and how time is shared between parents. In Michigan, custody can be either joint, where both parents share responsibilities, or sole – where one parent has primary authority. The court’s top priority in any custody case is the best interests of the child.

Two Types of Custody Actions

Understanding your situation starts with identifying which type of custody action applies to your case:

  • Initial Custody: This is when custody is being established for the first time. It’s common in divorce proceedings or between unmarried parents who are just beginning to determine parental rights and responsibilities.
  • Post-Judgment Custody: This applies when one parent seeks to modify an existing custody order. In these cases, the court requires evidence of a substantial change in circumstances, which is something that significantly affects the child’s well-being, to even consider making a change.

The Three Pillars of Custody

When people think about custody, they often imagine just “who the child lives with.” But custody actually involves three important components:

  1. Legal Custody
    This refers to a parent’s right to make significant decisions for the child, including choices about education, religion, and major medical care. In most cases, courts prefer joint legal custody so both parents remain actively involved in these decisions.
  2. Physical Custody
    This determines where the child lives and who provides day-to-day care. Physical custody can be shared (joint) or primarily held by one parent (sole). It’s important to note that “physical custody” doesn’t always mean a strict 50/50 split – it’s about what works best for the child.
  3. Parenting Time
    Often called visitation, parenting time is the schedule that outlines when the child spends time with each parent. This can vary from week-to-week plans to holiday and summer break arrangements. The goal is to maintain strong, consistent relationships between the child and both parents.

What the Court Considers

Michigan courts rely on the 12 Best Interest Factors when determining custody. These factors cover everything from the emotional ties between parent and child, to the stability of each home environment, to each parent’s willingness to encourage a relationship with the other. The court takes a holistic view of your family’s situation, aiming to create a plan that supports your child’s development, happiness, and long-term success. 

Why a Thoughtful Approach Matters

Custody isn’t about “winning” or “losing” – it’s about creating a plan that reflects your child’s needs and helps your family thrive, even after separation. That’s why we advocate for amicable, cooperative approaches like mediation or collaborative law when possible. These paths often lead to faster, less stressful outcomes and give you more control over the process than traditional litigation.

You Don’t Have to Navigate This Alone

At Woznicki Law, we know every family is different. Whether you’re just beginning to talk about custody or seeking to revisit an existing arrangement, our team is here to listen, advise, and support you every step of the way. We’ll help you understand your rights and responsibilities while keeping the focus where it belongs: on what’s best for your child.

Child Custody

Understanding Child Custody: A Parent-Friendly Guide

Navigating child custody can feel overwhelming, especially when you’re already dealing with the emotional weight of a separation or divorce. At Woznicki Law, we believe in making the legal process more approachable and less intimidating. Our goal is to guide families through custody matters with clarity, compassion, and a focus on what truly matters: the well-being of your child.

What is Child Custody?

Child custody refers to both the legal and physical responsibilities parents have for their children after a separation or divorce. It includes decisions about where the child lives, who makes important life choices, and how time is shared between parents. In Michigan, custody can be either joint, where both parents share responsibilities, or sole – where one parent has primary authority. The court’s top priority in any custody case is the best interests of the child.

Two Types of Custody Actions

Understanding your situation starts with identifying which type of custody action applies to your case:

  • Initial Custody: This is when custody is being established for the first time. It’s common in divorce proceedings or between unmarried parents who are just beginning to determine parental rights and responsibilities.
  • Post-Judgment Custody: This applies when one parent seeks to modify an existing custody order. In these cases, the court requires evidence of a substantial change in circumstances, which is something that significantly affects the child’s well-being, to even consider making a change.

The Three Pillars of Custody

When people think about custody, they often imagine just “who the child lives with.” But custody actually involves three important components:

  1. Legal Custody
    This refers to a parent’s right to make significant decisions for the child, including choices about education, religion, and major medical care. In most cases, courts prefer joint legal custody so both parents remain actively involved in these decisions.
  2. Physical Custody
    This determines where the child lives and who provides day-to-day care. Physical custody can be shared (joint) or primarily held by one parent (sole). It’s important to note that “physical custody” doesn’t always mean a strict 50/50 split – it’s about what works best for the child.
  3. Parenting Time
    Often called visitation, parenting time is the schedule that outlines when the child spends time with each parent. This can vary from week-to-week plans to holiday and summer break arrangements. The goal is to maintain strong, consistent relationships between the child and both parents.

What the Court Considers

Michigan courts rely on the 12 Best Interest Factors when determining custody. These factors cover everything from the emotional ties between parent and child, to the stability of each home environment, to each parent’s willingness to encourage a relationship with the other. The court takes a holistic view of your family’s situation, aiming to create a plan that supports your child’s development, happiness, and long-term success. 

Why a Thoughtful Approach Matters

Custody isn’t about “winning” or “losing” – it’s about creating a plan that reflects your child’s needs and helps your family thrive, even after separation. That’s why we advocate for amicable, cooperative approaches like mediation or collaborative law when possible. These paths often lead to faster, less stressful outcomes and give you more control over the process than traditional litigation.

You Don’t Have to Navigate This Alone

At Woznicki Law, we know every family is different. Whether you’re just beginning to talk about custody or seeking to revisit an existing arrangement, our team is here to listen, advise, and support you every step of the way. We’ll help you understand your rights and responsibilities while keeping the focus where it belongs: on what’s best for your child.