Kimm  0:01  
Hi, this is conversations with Kimm, and today we're going to be talking about custody and parenting time.

Sarah  0:10  
What are the different types of custody?

Kimm  0:13  
There are two types of custody in the state of Michigan, there's legal and there's physical. Legal custody is almost always a word of jointly. But either one can be joint, sole to mom or soul to dad. Legal Custody just means that it's the state's way of saying you have to co parent. So you can't one parent can't make a unilateral decision regarding the child's education, religion, major medical, so you both have to agree on that. And then the physical custody is kind of as it sounds is who the children reside with most. And that can be a completely 50/50 split an alternate week or some form of that, or it can be sold to mom or soul to dad. It's just kind of depending on that parenting time order.

Sarah  0:59  
How do parents begin the custody process?

Kimm  1:03  
So in order to begin, you either file, you know, if it's a divorce, you file your complaint for divorce, and then you file a motion with the court to say, you know, they want an order for parenting time and custody, if you are not married is kind of the same process. But it's a different type of complaint, whether it's a complaint for custody, a complaint to establish paternity, all of those are kind of get filed with a court and then again, you file the motions for parenting time to ask the judge to make an order regarding parenting time.

Sarah  1:33  
Can custody change?

Kimm  1:35  
Custody is always divisible until the children age out. There are certain parameters of the law, which would indicate whether custody parenting time can change. There's a bunch of different factors, you know, what's happening in the custody arrangement, what's happening at mom's house, what's happening at dad's house, and the court determines then if there's enough information that they can proceed for custody change. But if there's not, then nothing will happen.

Sarah  2:03  
What can a parent do if the other parent violates the custody agreement?

Kimm  2:08  
There are a couple of different ways that you can handle regarding a parent violating the court's order. The first one is you can file a complaint with a friend of the court and they can help address those issues with the other parent or the offending parent and see if you can mediate some way to resolve that issue. If those violations continue, you can do a motion with the court to either change a parenting time provision, or to find that the other parent in contempt, which is basically a civil motion to say why the other parents violating the order. And the violation actually can result in some jail if the court deems it necessary.

Sarah  2:50  
What rights do grandparents have?

Kimm  2:53  
In the state of Michigan grandparenting rights are a thing however, it's a little difficult at times to get them. There's a number of different parameters that have to be followed. Usually it's one, the grandparents child has died or maybe incarcerated or can't somehow exercise their parenting time, they can file a motion with the court to ask for those grandparenting rights. Now it isn't going to be stepping into your child's parenting time it is going to be fashioned in some form that would make it good for the children to at least continue that relationship. But you also have to show that the other parent is kind of I won't say unfit but maybe it's not making the best decisions for the children if there's a long established relationship between the grandparents and the children. So the court has to decide if it would be in the best interest of the children to continue with let allowing the grandparents some time.

Sarah  3:48  
What can parents or how if parents or grandparents have questions? How can they reach you?

Kimm  3:55  
They can always reach me at you can go through my website which is kburgerlaw.com you can phone at 517-797-6021 or you can email at office@kburgerlaw.com. 

Sarah  4:09  
Thank you.