What Rights Do Custodial Parents Have?

 Posted on December 29, 2017 in Divorce

In some Michigan divorces, sole custody is granted to one parent, rather than splitting parenting time between the two. The parent with custody is referred to as the custodial parent, and he or she has certain rights that the other parent does not. When sole custody is granted, the custodial parent has complete authority to make decisions on behalf of the child, such as medical care, education, and where to live.

While it's not the most common decision, it's not unusual for a judge to grant sole child custody to one parent. The courts generally maintain the opinion that it is in the best interest of the child to spend time with both parents, but a variety of factors can lead a judge to decide that one parent deserves full control over the welfare of the child. Judges may grant sole custody if the other parent is incapable of caring for the child, has a history of making poor decisions, or would likely make decisions that would put the child in danger.

While the custodial parent retains full custody and makes all decisions for the child's care, a judge may grant parenting time to the non-custodial parent with certain details arranged by the court and the parents. For instance, a judge may decide that one parent is unfit to care for the child, but may also grant that parent supervised parenting time where they can spend time with the child under the supervision of a person appointed by the court. This is often the case, however, there is no guarantee that a judge will grant any type of visitation time to a parent who he or she deems unfit to provide sufficient care and supervision. So, while a court may grant certain privileges to non-custodial parents, custodial parents have full authority over the welfare of the child.

If you're considering divorce and you're worried about child custody and the implications it may have on your family, contact Elkouri Heath, PLC today. Susan Elkouri and Symantha Heath practice solely in the areas of divorce, family, and matrimonial law, so they have the knowledge and experience to make your divorce go as smoothly as possible. Contact their office today for a free consultation.