Can a Younger Child Decide Which Parent to Live With?

The Court may take into consideration the preference of a minor child when it comes to which parent gets physical custody in a divorce proceeding.

Young Sarah was distressed that her parents were getting a divorce, and she did everything she could to try to bring them back together, including being on her best behavior with cleaning her room and doing chores. But when it was clear the divorce would happen, she was faced with the most unpleasant task of all -- deciding which parent she would live with.

Her parents were as conflicted as 12-year-old Sarah regarding the child’s permanent residence. Her father, Martin, thought she should live with him because he provided an even temperament and steady hand when it came to school and sports. Her mother, Molly, thought Sarah should live with her because she needed emotional support and nurturing, particularly during this stressful period in her life.

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Can We Set Different Child Support Payments from What the Court Recommends?

Toburen Law helps with changes to child support payments that deviate from the Michigan Child Support Formula.

High school seniors Bob and Jamie dated for a few months and broke up, only to find out weeks later that Jamie was pregnant with Bob’s child. Over their parents’ objections, they tried to smooth over their differences by getting married soon after graduation. After two years of marriage, the couple divorced when it became clear they weren’t compatible in the long run.

While Bob and Jamie fought over a number of issues while they were married, the divorce was amicable as both loved their daughter. Jamie knew Bob would try hard to help care for their child, but she also knew he was struggling to make ends meet with his new job. Jamie decided she could accept reduced child support payments to help Bob get established. She also knew that Bob’s child support payments could be increased later as his financial situation improved.

Read more: Can We Set Different Child Support Payments from What the Court Recommends?

Life Series Part IV: Medical Treatment Consent Forms to Cover Kids While You Are Away

As they approached their 15th wedding anniversary, Harry sprung a surprise on his wife Sally -- a 2-week whirlwind vacation in Europe for two in July, without their three children who attend grade school and are no longer in need of constant care.

Harry had already asked Sally’s retired parents if they could take care of Claire, Ethan, and special needs child Chloe. The grandparents responded that they were all too happy to have their grandchildren to themselves for two weeks.

Read more: Life Series Part IV: Medical Treatment Consent Forms to Cover Kids While You Are Away

Mike Toburen - Attorney at Law   

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Attorney Mike Toburen

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