Physical Custody & Legal Custody

In Michigan, the court has jurisdiction over the custody of minor children in any dispute regarding that issue.  There are two types of custody under Michigan law, one is generally understood and labelled “Physical Custody”, the other “Legal Custody.”  Physical custody typically addresses where a child is living and if the child resides primarily with one or both parents, frequently under a specific schedule. Legal custody has to do with decision making.

In many of the courts in Western Michigan, the general rule is that two parents that are competent to deal with child rearing issues will share legal custody and the arrangement will be called “Joint Legal Custody.” Legal custody generally deals with the parents’ authority to make important decisions regarding the child, such as, medical treatment, choice of school or religious instruction.    The courts in Western Michigan frequently order joint legal custody.  Where parents are able to cooperate and, generally agree on important decisions regarding the welfare of the child, joint legal custody is appropriate.

When parents are unable to agree on such important decisions, it may become necessary to have a hearing.  These special hearings are referred to as Lombardo hearings.  This type of hearing requires the parents to present evidence to the court so the court can make the decision on whatever the disagreement is regarding an important matter affecting the welfare of the child, be it medical treatment, choice of day-care provider, school enrollment, religious instruction or some similarly important issue.  A recent case in this office involved the court prohibiting one parent from engaging a child psychologist for the child when the other parent disagreed with this.  If the parties are unable to agree on such matters, the court may also determine that joint legal custody is inappropriate in that circumstance.

It is wise for parents to have legal representation in the event of a dispute about legal custody as the appropriate resolution for such a dispute is generally an evidentiary hearing before the court.  The hearing would be requested by the party desiring a particular outcome by filing a Motion. The court, ultimately, sets the matter for the evidentiary hearing at which the court would determine the issue. However, should you have a question about custody, please contact the law firm of Damon, Ver Merris, Boyko & Witte, PLC.  We are here to help. – Curtis R. Witte