One of the things that make
divorces so contentious is children. Parents who are both fighting for the rights
to their kids can find it incredibly difficult to cooperate. There are
many aspects to child custody cases that could create conflict between
two parents who find it hard to agree with one another.
Here are a few of the most common reasons parents fight over custody of
Parents will often find it difficult to agree on who gets physical custody
of a child or whether they should share it.
Physical custody involves who the child lives with most of the time and which parent ultimately
has responsibility for the child’s care. For example, if a father
is granted full physical custody of a child, the child will live with
the father and (if he also has
legal custody) the father will make the majority of the decisions regarding medical
care, dental care, and education. In this situation, the father will also
likely receive child support payment for the mother, because he has to
pay more for the care and housing of the child. Custody decisions that
have to be made by the Court due to the parties inability to agree can
be the most contentious decision for the Court to have to make. Notably,
if both parties agree to joint legal and/or physical custody, then the
judge will also most likely approve it.
Parents rarely agree on sufficient
child support. If the parent with physical custody wants more than the other parent
is willing or able to give, the decision must be made by the court. A
judge will consider several factors before making a decision regarding
the amount necessary, such as:
- Both parents’ incomes
- Both parents’ work situations
- Child’s income
- Inheritance and gifts
- Other kids from previous relationships
- Special needs for a child
Judges will generally order you to pay what you can based off what the
Michigan Child Support Guidelines dictate. If you find it difficult to meet that financial obligations, you
can ask the judge to modify the amount to suit your changed income situation.
For example, if you lose your job, the court can lower the child custody
payment amounts or put them on hold until you find another position.
Late child custody payments also don't allow your ex to prevent you
from seeing your child. The parental responsibility to make payments is
considered a separate issue from the parental responsibility to see a
child. The court must make the decision to determine how to deal with
late payments, but it will not likely interfere with the relationship
between parent and child because of a financial dispute between the two
Relocation – Change of Domicile
Occasionally, a parent who has physical custody of the child wants to move.
This desire may be because of a new job prospect, a lack of employment
in the area, or the start of another relationship. However, this parent
cannot leave with the child without first obtaining either the other parent’s
permission and the court’s permission, or filing a motion for Change
of Domicile, of the other parent refuses permission. The move must be
in the child’s best interests. If a judge determines the child would
be better off staying in the area, physical custody might pass to the
If you’re having difficulties negotiating with your ex over a child
custody issue, make sure you have experienced legal representation on
your side. Our trusted
Birmingham child custody attorney will work with you to consider the best interests of your child while getting
the best possible outcome for you. Let our skilled attorney guide you
toward solutions that are objective and practical. The team at The Badalucco
Firm does its best to ensure your experience is as stress-free as possible.
We take care of all the paperwork, and can help you find quick solutions
to your disagreements.
Contact us at 248-467-8208 or fill out our online form to request a free 30-minute