Joint Custody

Michigan law does not adequately account for the fact that in many families both parents are a significant care providers. Under its current rules, Judges with or without the Friend of the Court have broad discretion to make temporary custody decisions without any investigation or evidentiary hearing. Frequently both parents contend that they are principal care givers. Because Judges are not issued crystal balls they make decisions with very little information that are influenced by their own bias. All to often this means that dad is demoted to a second class parent and children loose significant access to an important care giver. While dad may have the opportunity to have a trial on custody months later, he faces a significant legal bill and a mother with a distinct advantage because she has had primary custody while waiting for custody, if he wants to try.

Michigan law will not properly account for the fact that many children rely on both mom and dad for care support until judges are forced to preserve these relationships until a full investigation and or evidentiary hearing has been had. We fight this fight every day. However, more could be done by our law makers. Past Michigan Legislatures have considered passing joint custody laws. The most recent can be found here http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/htm/2009-HIB-5114.htm. While we do not endorse everything in this particular bill, it would go a long way to evening the playing field. We encourage the current legislature to consider such legislation in the near future and anyone interested in equality to contact their state legislators.