There are two types of jurisdictions:
1. Personal and
2. Subject matter.
Personal is over the parties. Long arm statue.
Subject matter: one party needs to be a resident for 180 in the state and 10 days in the county where they are filing.
Someone cannot be a resident if they are here because they have a F1 visa.
Any time parties want a divorce with children. What will happen to the children. Remember that the worst custody arrangement is better than a custody battle. Think o f the outcome, financially. Make sure you consider what’s good for the kids.
3 types of custody: legal, physical and parenting time.
Legal is joint 99% of the time. Jail/physical abuse is the exception to having a parent having legal custody.
Physical- there is no significance.
MOST IMPORTANT IS PARENTING TIME
3 types of Parenting Time
1. School, start with this first in your case
2. Vacation/holidays during the school year
3. Summer vacation- you can try different times during this period:
Reverse times, extended vacations, non consecutive.
Vacation/holiday time use alternating holidays/vacation. This year dad has Thanksgiving, next year mom has Thanksgiving. Be specific in the divorce documents and schedule places and times for exchanges. Usually the best parenting schedule is the lease said.
If parties cannot decide on custody?
Joint legal custody unless legal is not appropriate.
Award physical to one party
Let Judge decide.
There are 12 factors to determine BEST INTEREST OF CHILD MCLA 722.23
A. love and affection- bond between child and adult.
B. Capacity- to give child guidance and parent’s disposition.
C. Provide food and Clothing- how does parent interact with child.
D. Length of time child is stable
E Permanence of existing home
f. Moral fitness of each parent
Depends on situation and does it affect the children
g. Mental and physical health of parents—very important
either parent can assert privilege but court looks against that
K home school community
i. reasonable preference of the child. Court can do this.
j. Willingness to have child and parents get a long.
Is one parent talking badly about the other parent in front of the children.
L Domestic Violence – either directed at or witnessed by the child.
ESTABLISHING CUSTODIAL ENVIRONMENT
If one parent moves out it becomes defacto that the one that stays becomes the custodial parent.
If you have questions about child custody contact David Lutz at 248-624-5500