Protect Your Child’s Best Interests With Birmingham Child Custody Attorneys

Last updated on October 1, 2026

At Cannon Law PLC, we bring a comprehensive and compassionate approach to helping parents seek legal custody and parenting time. We prioritize your child’s well-being, whether it comes to safe arrangements or caring for their emotional well-being.

Our experience with child welfare cases gives us a special advantage when it comes to navigating issues related to child custody. We recognize the fluidity of modern-day relationships and their impact on the family unit, and particularly children. Our law firm adheres to a core principle – that children do have rights and, as much as possible, benefit from the love and support of both their parents. From our office in Birmingham, we serve clients Oakland County, the Detroit metro area, and the surrounding communities of Michigan.

How Do Michigan Judges Decide Child Custody And Parenting Time?

In Michigan, parenting time must be granted in a way that fosters a strong relationship between the child and each parent. The court must consider the best interests of the child when setting a schedule. The court can consider various factors when deciding the duration and time for parenting time, including the following:

• The parents’ relationships with the child.
• The parents’ capacity to provide for the child’s emotional, educational and religious needs.
• The parents’ health, both physically and mentally.
• The parents’ ability to provide food, supplies and healthcare.
• The parents’ conduct as it pertains to the child.
• Each parent’s willingness to support the child’s relationship with the other parent.
• The continuity and stability of the child’s living arrangements.
• The permanence of the child’s family unit.
• The child’s previous history in school, home and community settings.
• The stated preference of the child, in some cases.
• Any history of domestic abuse, substance abuse or severe mental illness.

In cases where parenting time is not appropriate or where there is an emergency requiring immediate attention (i.e., substance abuse, criminality or CPS investigations), the court may, in very extreme and limited circumstances, suspend parenting time. In other instances, the court may require supervised visits, limitations on parenting time and/or additional services like drug and alcohol testing. Our Birmingham family law and child custody attorneys are well-versed in handling matters related to ex parte orders seeking modification of parenting time because of irreparable harm a parent or child might experience due to the behavior or circumstances presented by a parent.

Handling Custody Modifications And Post-Judgment Custody Cases

After a divorce, the court that granted the divorce retains control over matters related to your children. The Michigan Child Custody Act allows a court to modify custody, parenting time and child support orders already in place. In certain circumstances, parents can request a modification of legal custody or parenting time.

If there are problems with the other parent and you want to seek a change in the current parenting time order, the court must determine if there is a proper cause or a material change in circumstances. The last thing you want to do is file a motion with insufficient cause. It is critical your family law attorney can determine whether you have the grounds to modify an existing custody order. Our Detroit child custody lawyers have extensive experience helping clients understand if their request will meet the legal requirements for modification of parenting time.

What Are The Grounds To Modify A Child Custody Order In Michigan?

Once a family law court determines there has been a material change of circumstances, it also has to evaluate whether modifying custody or parenting time is in your child’s best interests. This will include an evaluation of the following factors:

• The emotional bonds between each parent and the child
• Each parent’s ability to provide love and guidance, and continue the child’s religious instruction and education
• The capacity to meet the child’s basic needs (clothes, food and healthcare)
• The stability of the child’s current environment and the benefits of maintaining it
• How stable each home environment is (existing or proposed)
• The health of all parties
• The child’s performance at home, school and community
• Each parent’s willingness to support the child’s relationship with the other parent
• Any history of child abuse or domestic violence

As Michigan family lawyers, we can help with post-decree modifications related to child custody as well as post-decree divorce modifications.

How Do Custody And Paternity Actions Work In Michigan?

Children are not always conceived during marriage. If you were not married when your child was conceived, you still have the right to seek a judgment that specifies parenting time, custody and support.

• Custody in cases where the parents are unwed: When a child is born and the father signs the affidavit of parentage, sometimes also referred to as “birth certificate,” custody is vested in the mother but not the father. That means the father has no legal rights even though they are the legal parent. For a father to establish their legal rights when they are unwed, they must file a complaint for custody. Once the complaint is filed, the parties can negotiate or litigate settlements for custody, parenting time and child support.
• Paternity cases: These involve situations where a child is born and the father is not named on the birth certificate. A father can sue for paternity by bringing an action to the court in the county where the child resides. Usually, a paternity test is required. Once the paternity test confirms the match, the parties can enter a final judgment establishing paternity, custody, parenting time and child support. Sometimes, paternity actions are brought by the state of Michigan recoup money for benefits paid to the mother.
• Revocation of paternity actions: If you have fathered a child but the mother was married to another person or has named another parent as the legal “parent” or father on an affidavit of parentage, and the child is under the age of three, you can file a lawsuit seeking to revoke the named father/parent and seek custody and parenting time as well.

Waiting to establish your custodial rights and responsibilities can seriously impede your ability to be involved in your child’s life. Without an established custody order, the mother can move out of state and does not need your permission to travel out of the country. In addition, the mother can make all legal decisions without your input.

Challenging Paternity: Your Rights Under Michigan Law

Michigan’s Revocation of Paternity Act (ROPA) provides a legal pathway for men who have been wrongly named as a child’s father. ROPA can also assist if you are the biological father, but another individual is legally recognized as the parent.

You may have grounds to challenge paternity if, at the time of signing, any of these occurred:

• A mistake about the facts
• New evidence you couldn’t have found earlier
• Fraud
• Someone lied or hid information
• You were forced to sign papers

This process affects parental rights, child support and your relationship with the child. Our child custody attorneys can help you navigate these legal steps and protect your rights.

How Do Disagreements On Education, Religion And Medical Issues Affect A Custody Arrangement?

If you share legal custody with another parent and you disagree on medical, health, school or other matters impacting your child’s well-being, the court has the obligation to review the matter. In Michigan, joint legal custody does not require equal physical custody – a child may live primarily with one parent while both share decision-making authority. Each parent has the right to make decisions during their parenting that impact routine day-to-day decisions.

However, both parents have to agree on bigger issues such as:

• Medical care
• Psychological care
• Educational decisions (private school versus public school)
• Driver’s licenses
• Religious ceremonies
• Travel outside of the United States

If the parties cannot come to an agreement, one or both can bring the issue before the court. These motions are sometimes referred to as “Lombardo Motions” by the court. The court will hold a hearing and use the best interest factors as a means of evaluating which decision to make. The attorneys at Cannon Law PLC have extensive litigation experience. Strategy, courtroom appearances and presentation fall within the regular services provided by Cannon Law PLC. Although we espouse being reasonable, our law firm has no problem going to court when the situation requires it.

Is Michigan A 50/50 State For Child Custody?

Get Help From A Michigan Child Custody Lawyer: Call Now

Cannon Law PLC represents parents in Oakland County and throughout metro Detroit who are trying to make sound decisions for their children when an agreement cannot be reached with the other parent. Call our Birmingham office at 248-929-9750 or complete this online contact form to schedule a consultation with us.