J. Iandolo Law, PC
Even though you may think that a divorce may be simple, it can become complicated when children are involved. As a family law attorney in Southwest Michigan, I have had many clients come into my office and say: "this is easy, we are on good terms." My response is not so simple. My firm walks a fine line to be as amicable with the other party as possible. In the end, the court usually decides who has parenting time, legal and physical custody.
Many parents do not understand the difference between legal and physical custody. They are not the same.
Legal: the parent that makes important decisions regarding the child: education, religious practices, medical, and other health-care issues.
Physical: the parent with whom the child will live.
When determining custody, the court considers 12 factors called the "best interest factors." Each factor is looked at independently, and each needs to be competently argued. These factors include: the mental health of the parents, the family unit, the child's current lifestyle, and any abuse issues, etc.
Parenting time is different than custody. This is time that the non-custodial parent will get with the child. The court almost always ensures that the non-custodial parent has parenting rights to their child. The courts want to foster a parent-child relationship if possible. This being said, sometimes the court will find extraordinary reasons not to grant parenting time, or impose some restrictions.
The court follows a manual when determining parenting time. This usually allows for overnights on the weekend, and one day after school. But this can be modified if the parents can agree.
Lastly, the time that a parent has custody of the child will only be one factor in the amount of child support awarded. Remember that child support is an "obligation" owed to your child.
Jeremy Iandolo, Esq
iandololaw.com
iandololaw@gmail.com
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