Understanding Your Rights As a Parent in a Divorce

 Posted on February 17, 2025 in Divorce

Divorces are full of unknowns, especially as it pertains to parenting. If you and your spouse are divorcing with children, you will have to figure out a new parenting arrangement in your child’s best interests. A Michigan family law attorney can keep you informed of your rights and advocate for a favorable resolution on your behalf.

At Elkouri Heath, PLC, we have served clients in complex issues of family law for over 20 years. Our attorneys are here to provide you with compassionate assistance, whether you expect to take your divorce to court or an alternative form of dispute resolution. We know how much your relationship with your child matters, and we will do everything we can to protect it for the future.

Parenting Time

Unless proven otherwise, both spouses in a divorce are assumed to be fit parents. This means that you cannot be unjustly denied parenting time, also known as visitation, with your child unless it would jeopardize the child’s well-being. When splitting up parenting time between spouses, the courts will not show special preference to the mother or the father.

If your co-parent purposefully infringes on your parenting time, you can take legal action to protect your rights. Our attorneys can help you submit a written complaint to the Friend of the Court (FOC) to enforce an established parenting time schedule. If the FOC finds a violation occurred, you could be awarded extra parenting time and possibly have the schedule modified.

Legal Custody

Legal custody refers to the right of parents to make decisions about their child’s upbringing. The courts generally favor a joint custody arrangement where both parents have input about important choices. As a parent, you may have a say about your child’s:

• Religious upbringing

• Education

• Extracurricular activities

• Healthcare

If you have concerns about how your child will be raised, you can make those concerns heard in a court of family law. Any decision about legal custody will be made with the child’s best interests in mind. 

Child Support

Depending on your income and your arrangements for parenting time, you may be entitled to child support. This financial support can cover expenses related to housing, clothing, school, and other necessities for the child’s life. In most cases, child support is awarded to the parent who spends a majority of parenting time with the child, and it will last until the child turns 18 or graduates high school, whichever comes later. If you need help modifying or enforcing a court order of child support, our attorneys can stand up for you. 

Meet With a Novi, MI Divorce Attorney Today

At Elkouri Heath, PLC, we stand as devoted advocates for parents’ rights across Michigan. Our Oakland County, MI child custody attorneys are here to advise you from beginning to end of your divorce. To schedule a free consultation, call our offices at 248-344-9700 today.