Father’s rights to child custody

divorce attorney Jill DuffyQuestion:

I am currently going through a divorce and my wife is threatening to take away my children. She says a court will never award even 50-50 custody to a man.

How is child custody determined? What are my rights as a father to stay in my children’s lives?


In Michigan, where I practice, child custody can be just about any arrangement the parties to a divorce agree to as long as the judge finds that the arrangement is in the best interests of the children. If parents cannot agree on custody and parenting time issues, the judge will make the decision.

The judge will first determine if there is an established custodial environment with either or both of the parents. An established custodial environment is a physical and a psychological environment between parent and child that develops over an appreciable time and significant duration.

If there is an established custodial environment, the court will only change it if the person who is asking for the change shows the judge with clear and convincing evidence that the change is in the best interests of the children.

For every decision that affects a child, the judge will look at the best interest factors. The best interest factors are list of 12 factors the judge looks at when deciding custody issues. The best interest factors are:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, and care.

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence of the existing or proposed home.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express it.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

(k) Domestic violence.

(l) Any other factor considered by the court to be relevant.

Although child custody laws and the best interest factors are written gender neutral, and meant to be applied to both parents equally, this does not always occur.

Many courts in Michigan are biased towards mothers. Fathers must assert their rights as a parent and show the court that they are just as capable of parenting their children as the mothers are.

The best advice I can give you is to spend as much time as you can with your children, and document your time. Come to court with a clear record of solid, quality parenting on your behalf.

The next best advice would be to hire an attorney who has experience advocating for men. It is important to get your custodial situation right the first time, because changing or fixing it later is much harder to do.

Although I practice law in Michigan, I cannot give you legal advice without thoroughly reviewing your case. Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance. Cordell & Cordell does represent men in divorce in Michigan.


Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.

End of Content Icon

4 comments on “Father’s rights to child custody

    I’ve been living 25 miles away since my divorce. And I only have my kids 3 weekends a month, spring break and holidays. I recently bought a home 3 blocks away from where my children are living and I would like to take them 50% of the time. I have a joint custody arrangement with her as the custodial. Can she keep me from getting more parenting time? Now that I’m reestablishing myself and want to have a normal life with my kids she said she will not agree to it. I have always worked and I’ve never missed a child support payment. She on the other hand hasn’t worked since 2010 and is a medical marijuana user. I’m beginning to think she just wants to live off the child support. Is there anything I can do? Please help.

    Me and my girlfriend have a baby together we just got done with Cps over the summer we do not live together she and our daughter live with her mom and I am not aloud in the house do to her mom and do not know the conditions of the house I was told everything was good I did everything I was supposed to do with Cps with no problems at all I work my house is clean I am Cps was called on us and they took are daughter and put her in foster care and won’t let her come to me they say I knew the conditions of the house that I am not aloud in I was told by Cps that benzos and marijuana was found in our daughters system they have medical cards for the marijuana but I they told me they were suspended they are trying to say we both smoke it in front of our daughter which is a lie because I barely see them or can get a hold of them and now they are trampling over my rights as a fit parent

    need help with divorce
    my ex is prego with another mans child & is trying to nail me for childsupport. we were suppose to be divorced back in aug.2013 but she never filled the paperwork with FOC saying we had shared joint & legal of our 2 boys. she just told me it wasnt final & now saying shes putting my name on the birth certificate of this new child thats not mine. we have been separated since nov 2011

    Want to get joint custody of child
    My wife and I are going through a divorce she lide for months telling mre that she was willing to work on the marriage while the whole time she was working behind my back to get a lawyer she lied to the lawyer and said I was a danger to the child and that I was on drugs because due to an accident I had to be on pain killers for three years and had to go to rehab for detox. I am currently free of the pain killers and was at the time she told all this the judge and sherrif around here are friends with her family and I feel that I have not and will not get a fair trial as i don;t have alot of money due to being laid off she says i will never get joiint custody I kelp the chilfd 70% of the time and over this past weekend he got in the floor begging me not to make him go back he wanted to stay with me. I have begged her not to use our child and to work somethng out with me but she insist that I hurt her and she will me

Leave a Reply

Your email address will not be published. Required fields are marked *