Custody Order
When the parties have minor children, then the custody, parenting time and support of the child or children are contentious and related issues that must be addressed. Sometimes negotiation will suffice, other times litigation is required and most often a combination of both ends up occurring. If litigation is required, and custody is the central issue, then the Court is guided in this “trial within a trial” that is a custody dispute by the Child Custody Act, MCL 722.21, et seq., other related statutes, and appellate court opinions.
Child-related issues generally stay within the control (jurisdiction) of the Court as long as a child is a minor. This means that, given the right circumstances, these issues are all subject to being re-visited and modified after judgment, until the child becomes an adult. Child support is determined by a federally mandated, uniform, and a statewide formula called the Michigan Child Support Formula (MCSF). The chief variables the MCSF considers when calculating child support are the parties’ incomes, the number of children and the number of parenting overnights each party has.
