When Does Custody Get Complex in Michigan?

 Posted on January 16, 2025 in Divorce

After a divorce, the question of child custody is not always clear-cut. Every family comes with unique circumstances, and sometimes the idealized 50/50 split of joint custody is not a viable solution. If you are dealing with complex custody issues, a Northville, MI family law attorney can help you advocate for your child’s best interests.

At Elkouri Heath, PLC, our family law attorneys have over two decades of experience helping parents through fraught divorces, providing compassionate legal services tailored to a family’s individual circumstances. We are prepared to represent you in complex custody disputes to work towards a favorable solution with minimal disruption to your child’s life.

Parental Relocation

When a new employment opportunity arises, a parent may decide to seize the opportunity even if it means moving far away from home. Under Michigan law, moving over 100 miles away with a child in a joint custody arrangement is legally considered a "change of domicile" that requires approval from the other parent or the court.

If the other parent approves of the relocation, then no court hearing is necessary. If not, then the moving parent has to take the issue to a judge, who will generally take into account the motive of the moving parent, whether it would result in an improved quality of life for the child and parent, and the ability for the non-moving parent to remain present in the child’s life over a long distance. At Elkouri Heath, PLC, we represent both parents looking to move with their child as well as parents looking to keep their child close to home. 

Sole Custody

In most cases, judges prefer joint custody, wherein both parents are responsible for raising their child and are given the authority to make important decisions. However, in some situations, the court may decide that sole custody is in the best interests of the child. 

Sole custody may be awarded when one parent spends little to no time with the child during an ongoing separation, in which case the parent with the greatest share of custody and visitation in the past is more likely to receive the most moving forward as well. 

Any prior instances of abuse by a parent may also sway the court towards a sole custody arrangement. Note that even if you are awarded sole legal and physical custody, the other parent still has a right to parenting time unless it would endanger the child’s physical or mental health.

Modification of Custody

When an existing custody arrangement becomes unsustainable, a parent can appeal for a custody modification. Parents cannot request a modification on a whim – instead, there has to be a big enough change in circumstances that it merits a change to the custody order. Moreover, a court will only approve a modification that serves the child’s best interests, rather than a parent’s convenience.

Meet With a Novi, MI Family Law Attorney Today

When custody gets complicated, an Oakland County, MI divorce lawyer at Elkouri Heath, PLC can provide you with legal guidance and devoted advocacy to reach an optimal solution. To schedule a free consultation with our attorneys, call us at 248-344-9700 today.