Relevant Statutes the OSCODA FAMILY COURT MUST USE.
A. Michigan Child Custody Act - MCL §722.21 et seq.
Joint vs. Sole Custody. Note that in the definitions section of the statute, MCL §722.22, there is no definition of custody—whether legal or physical. see http://www.dumpmyspouse.com
MCL §722.26a defines “joint custody” as follows:
(7) As used in this section, “joint custody” means an order of the court in which 1 or both of the following is specified:
(a) That the child shall reside alternately for specific periods with each of the parents.
(b) That the parents shall share decision-making authority as to the important decisions affecting the welfare of the child.
see http://www.attorneybankert.com
MCL §722.26a mandates the manner in which a joint award of custody is to be made:
(1) In custody disputes between parents, the parents shall be advised of joint custody. At the request of either parent, the court shall consider an award of joint custody, and shall state on the record the reasons for granting or denying a request. In other cases, joint custody may be considered by the court. The court shall determine whether joint custody is in the best interest of the child by considering the following factors:
(a) The factors enumerated in section 3.[1]
(b) Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.
(2) If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record, based upon clear and convincing evidence, that joint custody is not in the best interests of the child.
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MCL §722.26a (3) distinguishes physical custody, providing
If the court awards joint custody, the court may include in its award a statement regarding when the child shall reside with each parent, or may provide that physical custody be shared by the parents in a manner to assure the child continuing contact with both parents.
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Thursday, April 21, 2011
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