Why do judges look at the Established Custodial Environment in a Detroit custody case?

Detroit, MI – When you file for divorce, you may want to get rid of your spouse, but you certainly don’t want to lose your children. Bitter child custody battles are the main reasons a divorce in Detroit will end up in court. What many parents don’t understand is that the judge won’t care much about their wishes. His main job is to look after the child’s best interests, taking into account various factors, including the established custodial environment.

What is an established custodial environment?

Children are usually the most affected by their parent’s divorce. It is a very stressful time and this can seriously impact their mental and emotional wellbeing. Children need stability and predictability in their lives. A family court judge will try to ensure stability by evaluating whether the child has an established custodial environment (ECE), which can be both physical and psychological.
To determine that, the judge will ask many questions about the child’s life and the relationship with either parent. Does the child look to one of the parents for love and affection, food, and other needs? Do both parents play this role? How long has the current custodial environment been in place?
In most cases, when a couple divorces after a few years of marriage, the children have an established custodial environment and the judge will try to preserve it.

How does an ECE affect a custody case?

If you want to get full custody and this would alter the child’s ECE, you need to talk to the best Detroit child custody lawyers you can find. Your lawyers must present convincing evidence that the change is in the best interests of the child.
For instance, if the mother wants the kids and plans to move out of state after the divorce to be close to her family, this would drastically change the child’s ECE. The child will hardly ever get to see the man she grew up with and turned to for love and affection. If the father objects to this arrangement, the judge will probably deny the mother’s petition.

How does shared custody work in Michigan?

Although not required by law, Michigan judges tend to prefer 50/50 custody arrangements. Such a custody order is in a child’s best interests as it allows him or her to spend the same amount of time with either parent. Or roughly the same amount if the child’s or the parents’ schedules do not allow a 50/50 split.
If you’re considering a shared custody agreement, you should turn to knowledgeable Detroit divorce lawyers to help you iron out the differences and put everything in legal form. The advantage of drawing up a parenting plan is that the judge won’t interfere with it.
If shared custody is not an option for your family, your lawyers can help you set up a plan under which one of you becomes the custodial parent and the other one gets ample visitation rights.