监护权
可能有多种监护安排. 最常见的是:
- 共同法定监护: Parents will communicate and cooperate with one another and attempt to reach mutual decisions regarding major issues affecting their children. 这个决策过程包括, 但并不局限于:重大的医疗决策, 教育决策, 以及宗教教育, 如果有任何.
- 共同监护: 的 children live with one parent part of the time and the other parent part of the time. 这一次不需要相等. 的 parent who has care of the children at any given time is responsible for routine decisions regarding the children.
- 唯一的保管: 的 children live with one parent and that parent is responsible for making major decisions regarding the children.
Parents are encouraged to reach their own agreements regarding custody. 当父母不能达成一致时, the judge may decide by considering all of the following factors of the Michigan Child 监护权 Act (MCL 722.23).
- 的 love, 感情, and other emotional ties existing between the parties involved and the child.
- 的 capacity and disposition of the parties involved to give the child love, 感情, and guidance and the continuation of the education and raising the child in its religion or creed, 如果有任何.
- 的 capacity and disposition of the parties involved to provide the child with food, 服装, medical care and other remedial care recognized and permitted under the laws of this state in place of medical care, 以及其他物质需求.
- 的 length of time the child has lived in a stable satisfactory environment, 以及保持连续性的可取性.
- 的 permanence, as a family unit, of the existing or proposed custodial home or homes.
- 有关各方的道德适宜性.
- 当事人的身心健康.
- 孩子的合理偏好, if the court deems the child to be of sufficient age to express preference.
- 的 willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
- 家庭暴力, 不管暴力是否针对, 或者由孩子见证.
Any other factor considered by the court to be of relevance to a particular child custody dispute.
关于监护权的常见问题
是的，你可以自己申请变更监护权. 的 法庭之友 will provide forms and instructions to file this type of motion. 然而, it is important to remember that the court will still hold you to the same rules to which an attorney would be held. 的re may be many complex issues involved in a custody case and you may wish to have an attorney represent you. 法庭之友不能为你提出动议, 告诉你动议时该说什么, 或者给你找个律师.
的 移交监护权的动议和指示 are located in the second floor lobby of the 法庭之友 Office and on the forms page.
由裁判员/裁判员指示, the 法庭之友 will conduct an investigation and file a written report and recommendation based upon the factors listed in the Michigan Child 监护权 Act. A fee will be assessed against one or both of the parties. Investigation fees should be paid to the 法庭之友 Payment prior to the investigation.
- You may contact the 法庭之友 and request enforcement.
- 你可以联系你的律师.
- If you have reason to believe the other parent does not intend to return the child, you may contact the police and request that parental kidnapping charges be filed.
If the parties mutually agree to a change of domicile and they sign a written agreement, 它可以作为命令输入, 如果得到法院的批准. If the parties cannot mutually agree on a change of domicile, you must file a motion on your own behalf or contact an attorney to help you file the motion. Notification to the 法庭之友 or filing a motion does not allow you to move from the state, 在法庭命令生效之前. You must wait until a decision has been made at a Referee hearing prior to moving out of state.
Motion forms and instructions regarding change of domicile/residence are available in the second floor lobby of the 法庭之友 Office and on the forms page.
No. Allegations of abuse or neglect should be reported to the protective services unit of your local Family Independence Agency Office.
法庭之友有义务, 当法院下令时, to conduct an investigation when a party files a custody or parenting time motion. Claims of abuse or neglect should be disclosed to the 法庭之友 during its investigation for its use in recommending custody or parenting time.
Michigan law provides that a child may enroll in a school district where either parent resides; regardless of which parent has custody. When a child regularly resides in two school districts as a result of a joint custody order, the child may attend school in either or both of the districts. Remember, if you have joint legal custody, you must agree on where to enroll the child in school. 如果你不能同意, either party may file a joint legal custody dispute motion which will allow the court to decide where the child will attend school.
