A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
Title: Understanding Michigan Stipulations Regarding Joint Custody of Children Introduction: In Michigan, like in many other states, the stipulations regarding joint custody of children are designed to ensure the well-being and best interests of the children involved. This article aims to provide a detailed description and overview of Michigan's stipulations surrounding joint custody, as well as highlight any different types that may exist. Keywords: Michigan, stipulations, joint custody, children, types, custody arrangements 1. Legal Definition of Joint Custody in Michigan: In Michigan, joint custody refers to a situation where both parents are granted legal and physical custody rights over their children. It is associated with shared parenting responsibilities and decision-making authority. 2. Presumption in Favor of Joint Custody: Michigan courts presume that joint custody arrangements are in the best interests of the child, barring any evidence or circumstances indicating otherwise. This presumption aims to prioritize the ongoing involvement of both parents in the child's life. 3. Types of Joint Custody Arrangements in Michigan: a. Joint Legal Custody: — In joint legal custody, both parents have an equal say in making important decisions regarding the child's education, healthcare, religious upbringing, and other major life choices. — Communication and co-parenting efforts between the parents are crucial. b. Joint Physical Custody: — Joint physical custody involves the child spending significant amounts of time with both parents. — The parents may share equal or substantially equal periods of physical custody, ensuring a fair balance of time spent with each parent. — Flexible visitation schedules and effective communication are necessary for successful joint physical custody arrangements. c. Combination of Legal and Physical Joint Custody: — Some cases involve a combination of joint legal and physical custody, where both rights and responsibilities are shared equally between the parents. — This arrangement aims to provide a comprehensive and balanced approach to parenting, considering both decision-making authority and physical presence. 4. Parenting Plan and Agreements: Michigan law requires parents seeking joint custody to develop a comprehensive Parenting Plan, detailing various aspects of child-rearing, visitation schedules, dispute resolution methods, and more. 5. Factors Considered by Michigan Courts: When considering joint custody arrangements, Michigan courts evaluate several factors, including the child's preference, each parent's ability to cooperate, the parents' willingness to foster a healthy relationship between the child and the other parent, and the child's established custodial environment. Conclusion: Michigan's stipulations regarding joint custody of children reflect a strong emphasis on maintaining the involvement and well-being of both parents in the child's life. By understanding the different types of joint custody arrangements available and the crucial factors considered by Michigan courts, parents can better navigate the custody process and work towards a cooperative and balanced parenting approach. Keywords: Michigan, stipulations, joint custody, children, types, custody arrangementsTitle: Understanding Michigan Stipulations Regarding Joint Custody of Children Introduction: In Michigan, like in many other states, the stipulations regarding joint custody of children are designed to ensure the well-being and best interests of the children involved. This article aims to provide a detailed description and overview of Michigan's stipulations surrounding joint custody, as well as highlight any different types that may exist. Keywords: Michigan, stipulations, joint custody, children, types, custody arrangements 1. Legal Definition of Joint Custody in Michigan: In Michigan, joint custody refers to a situation where both parents are granted legal and physical custody rights over their children. It is associated with shared parenting responsibilities and decision-making authority. 2. Presumption in Favor of Joint Custody: Michigan courts presume that joint custody arrangements are in the best interests of the child, barring any evidence or circumstances indicating otherwise. This presumption aims to prioritize the ongoing involvement of both parents in the child's life. 3. Types of Joint Custody Arrangements in Michigan: a. Joint Legal Custody: — In joint legal custody, both parents have an equal say in making important decisions regarding the child's education, healthcare, religious upbringing, and other major life choices. — Communication and co-parenting efforts between the parents are crucial. b. Joint Physical Custody: — Joint physical custody involves the child spending significant amounts of time with both parents. — The parents may share equal or substantially equal periods of physical custody, ensuring a fair balance of time spent with each parent. — Flexible visitation schedules and effective communication are necessary for successful joint physical custody arrangements. c. Combination of Legal and Physical Joint Custody: — Some cases involve a combination of joint legal and physical custody, where both rights and responsibilities are shared equally between the parents. — This arrangement aims to provide a comprehensive and balanced approach to parenting, considering both decision-making authority and physical presence. 4. Parenting Plan and Agreements: Michigan law requires parents seeking joint custody to develop a comprehensive Parenting Plan, detailing various aspects of child-rearing, visitation schedules, dispute resolution methods, and more. 5. Factors Considered by Michigan Courts: When considering joint custody arrangements, Michigan courts evaluate several factors, including the child's preference, each parent's ability to cooperate, the parents' willingness to foster a healthy relationship between the child and the other parent, and the child's established custodial environment. Conclusion: Michigan's stipulations regarding joint custody of children reflect a strong emphasis on maintaining the involvement and well-being of both parents in the child's life. By understanding the different types of joint custody arrangements available and the crucial factors considered by Michigan courts, parents can better navigate the custody process and work towards a cooperative and balanced parenting approach. Keywords: Michigan, stipulations, joint custody, children, types, custody arrangements
