How Court’s Decide Child Custody and Parenting Time.


PHYSICAL CUSTODY
“[In] a child custody dispute, MCL 722.27(1) allows a court to award custody to one or more of the parties and reasonable parenting time to the parties involved, both in accordance with the best interests of the child. “
[ Contact Flint Lawyer Terry Bankert 235-1970 , http://www.attorneybankert.com]

“Physical custody refers to a child’s living arrangements. “
“The Child Custody Act does not define “physical custody” or the often-used phrases “sole physical custody” and “primary physical custody.” However, “[p]hysical custody” is defined under the Uniform Child-Custody Jurisdiction and Enforcement Act, MCL 722.1101 et seq., as “the physical care and supervision of a child.” MCL 722.1102(n). “
“Caselaw frequently uses “sole custody” and “primary physical custody” to distinguish an award of custody to one parent from an award of joint physical custody.“
“In contrast to awarding sole or primary physical custody to one parent, a trial court has the option of awarding the parties joint custody, i.e., joint legal and joint physical custody, and the court must consider an award of joint custody, at the request of either parent. MCL 722.26a(1). “
“The term “joint physical custody” stems from MCL 722.26a(7)(a), which addresses a situation where “the child resides alternately for specific periods with each of the parents.” 
“The term “joint legal custody” stems from MCL 722.26a(7)(b), which addresses a situation where “the parents[] share decision-making authority as to the important decisions affecting the welfare of the child.”
PARENTING TIME
“Parenting time is the time a child spends with each parent. “Whereas the primary concern in child custody determinations is the stability of the child’s environment and avoidance of unwarranted and disruptive custody changes, the focus of parenting time is to foster a strong relationship between the child and the child’s parents.” Shade, 291 Mich App at 28-29. “
“A court bases a parenting-time order on its determination of the best interests of the child, and grants parenting time “in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.” MCL 722.27a(1). “
“The child has a right to parenting time unless the court determines on the record by clear and convincing evidence that parenting time would endanger the child’s physical, mental or emotional health. MCL 722.27a(3). “
“The trial court may consider the factors set forth in MCL 722.27a(7), along with the best interest factors provided in MCL 722.23, when granting parenting time. Shade, 291 Mich App at 31-32.” (For “” Liberman v Orr 3/7/17 #333816) @terrybankert.

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