Michigan Joint Custody Disagreements

Sharing joint legal custody in Michigan means you and your ex-partner have equal decision-making power regarding your child's well-being. This includes important choices about:

• Medical care and health (vaccinations, treatments, etc.)
• Education and schooling (public vs. private, curriculum, etc.)
• Religion and spiritual upbringing

But what happens when you disagree on these crucial decisions? Here's how Michigan law helps navigate these situations:

Resolving Disagreements Through the Courts:

The Michigan Child Custody Act (MCL 722.26a(7)(b)) outlines that parents with joint legal custody share decision-making on these vital aspects of the child's life. However, if you can't reach an agreement, the court can intervene.

The Court's Role:

When a disagreement arises, the court prioritizes the best interests of the child. They will consider various factors, including:

• The child's age and maturity level
• The child's wishes (if applicable)
• The history of each parent's involvement in the child's life
• Each parent's parenting plan and proposed solution
• Any relevant expert recommendations

By carefully evaluating these factors, the court aims to make a fair and well-informed decision that benefits your child. Under the law, the Court must use the factors to make a determination on these vital aspects.   Lombardo v Lombardo, 202 Mich App 151, 159; 507 NW2d 788 (1993); see also MCL 722.25(1).  The Lombardo case sets the standard for these disputes, and the evidentiary hearings concerning them are typically called Lombardo Hearings.  

Seeking Legal Guidance:

If you're facing a disagreement with your co-parent regarding medical care, education, religious upbringing, or other major custody decisions, consulting with a qualified family law attorney can be invaluable. They can explain your legal options, represent you in court, and advocate for your child's best interests.