Child Custody, Support & Visitation
For any divorce or break-up involving minor children, the parties will need to resolve issues relating to Child Custody, Child Support, and Parenting Time. We at Dreyer Hovey & Post are firm believers in parents trying to co-parent and work out a parenting schedule that is best for all parties involved. However, if necessary, we are very experienced in fighting for our clients’ parental rights.
There are two types of custody: Legal and Physical. Legal custody refers to the right of a parent to be involved in the decision making process for the children. Common examples of a legal custody decisions are: what school district the child will attend, healthcare decisions, and other general welfare issues. The court rarely deviates from joint legal custody.
Physical custody refers to which parent will have the child actually living with them. There can be joint physical custody and sole physical custody. Joint physical custody allows for the child to live with both parents in approximate equal durations (week on/week off). Sole physical custody is where the child lives primarily with one parent and the other parent has “parenting time.” Parenting time can be structured in many ways, but one primary schedule is the non-custodial parent receives every other weekend, the parents split holidays, and the parents split summers.
Child Support is based off of a formula designed by the State. Here is a link to a child support calculator. https://micase.state.mi.us/calculatorapp/public/welcome/load.html. Child support is based on many factors, but the main factors are how much money each parent earns and how many overnights each parent receives for parenting time. Parents can agree on a child support amount. However, if the parents cannot agree, the court will apply the child support formula and set child support.