Custody FAQ's

Can the children decide who they want to live with?

No. The reasonable preference of the child is one of the “best interest” factors used to determine custody. If the court determines that the child is old enough to state a preference, the court will hold an “in camera” interview with the child. This is a private interview with the child. The transcript is sealed and can only be opened on appeal. This prevents the child from being in the awkward position of having to openly choose sides.

Further, the court will inquire as to why the child wants to live with a particular parent. Younger children can be swayed by a parent who buys a lot of toys and older children usually want to live with the parent who is more permissive and is less of a disciplinarian.

What rights do grandparents have to spend time with my children?

The issue of grandparent rights to visitation has been very hot during the last several years. In 2000, the U.S. Supreme Court gave wide deference to a fit parent in deciding whether any third party, including grandparents, may have visitation with the minor child. In 2003, the Michigan Supreme Court struck down Michigan’s Grandparent’s Rights law based on the U.S. Supreme Court decision.

Therefore, in Michigan, grandparents currently have no rights to visitation if there is at least one fit parent.

There are currently bills in the legislature that would provide for grandparent visitation rights cases where the parents divorce, separate, died or if the child is born out of wedlock.

My ex-spouse sometimes gets a babysitter during his parenting time. Wouldn’t the kids be better off with me?

Parents have the right to a social life. You should not be too concerned if a parent has weekend parenting time and hires a babysitter to go out on an occasional Saturday night. However, if the parent hires a babysitter nearly every night of parenting time, you may want to modify the parenting time.

Some parents enter into an agreement for a right of first refusal when one parent is going to hire a babysitter. In this scenario, before hiring a babysitter, the parent must contact the other parent and give them the opportunity for parenting time with the children. This arrangement usually only works when parents live relatively close to one another and are fairly cooperative.

What if I am not the real father of one of our children?

If a child is born during the marriage, there is a presumption that the husband is the father of the child. The father can petition the court for a DNA test to determine paternity of that child. However, even if the DNA test proves that the husband is not the biological father, it is possible that the court may still refuse to terminate that parent’s rights. If the court finds that the man has taken on the role of the father and that a bond has developed between the man and the child, the court may not terminate the relationship.

What if one of the parents is a homosexual?

There is no evidence that the homosexuality of a parent detrimentally effects the child. As long as this parent is otherwise fit, they are entitled to the same rights as any other parent.

At Pitler Family Law, our Michigan divorce attorneys handle family law, divorce, child custody, parenting time, visitation, child support and alimony matters throughout the Detroit metropolitan area, including Farmington Hills, Livonia, Bloomfield Hills, Troy, Royal Oak, Birmingham, Rochester, Mt. Clemens, Dearborn, Warren, Southfield, and all of Oakland County, Wayne County, Livingston County, and Macomb County.