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Could moving in with my boyfriend affect my custody arrangement?

Could moving in with my boyfriend affect my custody arrangement?

Q: What not to say during a custody battle?

During a custody battle, avoid making negative comments about the other parent, discussing the case in front of the child, or making threats. Focus on the child's best interests and maintain a respectful tone. It's important to communicate clearly and constructively to support your position in court.

Full question:

I am a divorcee and have been living in Michigan with my son. Five years back the court granted me the custody of our son, and gave my husband the right to visit our son every weekend. A few months back I met a guy through a mutual friend. He is a bachelor and we have been planning to move in together. My son has no issues with my boyfriend coming and staying with us. However, I am scared that my ex-husband would create a problem for me when he gets to know that I have moved in with another guy. I want to know, if my ex-husband moves the court, would me staying with my boyfriend warrant the change in custody.

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: Michigan

Answer:

In Michigan, custody decisions are based on the child's best interests, as outlined in MCLS § 722.23. The court considers various factors, including:

The emotional ties between the child and each parent.
The ability of each parent to provide love, guidance, and care.
The stability of the child's living environment.
The moral fitness of the parents.
Any history of domestic violence.

In the case of Williamson v. Williamson, the Michigan Court of Appeals ruled that a mother's cohabitation with an unmarried partner does not automatically justify a change in custody. Therefore, simply living with your boyfriend is unlikely to be sufficient grounds for your ex-husband to change the custody arrangement.

Your ex-husband would need to demonstrate that the change in circumstances significantly impacts the child's best interests to succeed in a custody modification request.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a mother keep a child from the father in Michigan?

In Michigan, a mother cannot unilaterally keep a child from the father unless there is a valid reason, such as concerns for the child's safety. Custody and visitation rights are determined by the court, and both parents have legal rights to see their child. If there are issues, it’s best to seek legal advice or go through the court to modify custody arrangements.

What not to say during a custody battle?

Who is most likely to win custody of a child?

In Michigan, custody decisions are based on the child's best interests, which include factors like emotional ties, stability, and parental fitness. Generally, the parent who can best demonstrate a supportive environment and a strong bond with the child is more likely to win custody. Courts aim to serve the child's needs above all.

What is the child custody Act in Michigan?

The Child Custody Act in Michigan outlines the legal framework for determining custody arrangements. It emphasizes the child's best interests and considers factors such as the emotional ties between the child and each parent, the stability of the home environment, and the moral fitness of the parents. The Act aims to ensure fair custody decisions.

Who is the most eligible for custody of children after divorce?

In Michigan, eligibility for custody is determined by the child's best interests rather than the parent's marital status. Factors include the emotional bond with the child, the ability to provide a stable environment, and each parent's willingness to support the child's relationship with the other parent. Courts assess these elements to make a fair decision.