Child Custody & Family Protection Issues in Michigan

Issues involving children are often the most important—and the most difficult—part of any family law case. Whether the situation involves a custody dispute between parents, concerns about a child’s safety, or the involvement of the state, the outcome can shape a child’s life and a parent’s role in it for years to come.

These are not situations where small mistakes can be easily corrected later. Custody decisions, parenting time arrangements, and court orders involving children carry long-term consequences that require careful planning and experienced representation from the outset.

Barry Fayne represents parents, grandparents, and other family members in a wide range of child-related legal matters throughout southeastern Michigan, with a focus on protecting both parental rights and the well-being of the children involved.

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When Custody Becomes Contested

Not every custody case is straightforward. When parents disagree on where a child should live, how decisions should be made, or what parenting time should look like, the case can quickly become contested.

One of the most significant realities many parents face is this: if one parent is awarded primary custody, that parent may have the ability to move—sometimes to another state or even another country—depending on how the case is structured.

Even parents who are not seeking primary custody benefit from strong representation. A well-structured custody agreement can include provisions that protect ongoing involvement in a child’s life and make relocation more difficult without court approval.

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Relocation and Interstate Custody Issues

Custody disputes do not always stay within one state. These situations can arise in several ways:

• A parent moves out of state and parenting time must be enforced across state lines
• A parent refuses to return a child after visitation
• A parent relocates and files for custody or divorce in another state

These cases can become urgent very quickly. In some situations, failing to act promptly can affect where the case is heard and what court has authority to decide custody.

Understanding how Michigan law interacts with the laws of other states is critical in protecting your position and maintaining your rights as a parent.

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Using Experts in Custody Cases

In more complex custody disputes, expert testimony may play an important role. Courts may consider input from psychologists, custody evaluators, or other professionals when determining what arrangement serves the child’s best interests.

Experts can influence both the outcome at trial and the likelihood of reaching a settlement. In some cases, the involvement of a qualified expert can help resolve disputes that might otherwise seem impossible to settle.

Knowing when to involve experts—and how to use them effectively—is an important part of building a strong custody case.

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Child Protective Proceedings (CPS Cases)

When the state becomes involved in a family through Child Protective Services (CPS), the situation changes significantly. These cases are not simply disputes between parents—they involve the potential for the state to limit or even terminate parental rights.

Parents are sometimes told that they do not need an attorney in these situations. That is almost never the case. The stakes are too high, and the process is too complex, to navigate without legal representation.

In Michigan, parents may have the right to request a jury trial in certain stages of a CPS case, but strict deadlines apply. Missing those deadlines can result in the loss of important rights.

Even when allegations involve the other parent, it is important to have your own representation to ensure your interests—and your relationship with your child—are protected.

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Grandparents’ Rights and Family Protection

Michigan law provides grandparents with broader rights to seek court-ordered visitation than many other states. In appropriate situations, grandparents may be able to obtain “grandparenting time” even when a parent objects.

However, seeking custody as a grandparent is a different matter. The legal standards are more restrictive, and not all situations will meet the criteria required by law.

Understanding the distinction between visitation rights and custody rights is critical when evaluating what options may be available.