If you are divorced or separated from your child’s other parent, it is important that you understand your rights and responsibilities as the custodial parent. An Oakland County child custody lawyer can help you learn more about Michigan’s laws and regulations regarding parental rights. Reach out to a skilled attorney today.
What is a Custodial Parent?
Simply put, a custodial parent is a parent who has custody of their child. This individual is the primary parent and the child resides with them the majority of the time. Custody refers to a parent’s legal right to see their child and make decisions on their behalf. There are two primary types of custody.
- Physical custody: This refers to where the child lives and how much time each parent spends with the child throughout the year.
- Legal custody: Legal custody involves the right to make significant decisions about the child’s life like how and where they are educated, healthcare and medical decisions, religious upbringing, and more.
The custodial parent will have both physical and legal custody, though they may share some rights with the child’s other parent, known as the noncustodial parent.
What Are My Rights As a Custodial Parent in MI?
A custodial parent in Michigan is afforded a variety of rights. Perhaps the most obvious, the custodial parent has the right to physical custody over the child. The child lives with them most of the time and the parent has the right to decide where they live and how they are raised when they are with them.
The custodial parent also generally has the authority to make decisions for the child. Because a custodial parent has both physical and legal custody, they have the ability to decide how the child is raised, where they receive their education, what religion they are brought up with, the type of medical care they receive, etc.
Most custodial parents also have the right to be paid child support by the noncustodial parent. Even if the noncustodial parent has no rights or access to their child they still have the responsibility of contributing financially to their upbringing.
Are There Limitations to a Custodial Parent’s Rights?
Yes, although custodial parents have many rights regarding their children, there are limitations as well. For example, while a custodial parent has the right to reside with the child and decide where they live, Michigan state law requires that a custodial parent who wants to move their minor child’s legal residence more than 100 miles or out of the state must first get consent from the other parent or permission from the court.
In addition, although the custodial parent has the right to legal custody and to make decisions on behalf of the child, they may have to run those decisions by the noncustodial parent first. If the two parents have joint legal custody, the custodial parent cannot make significant decisions without first consulting the child’s other parent.