Granting sole legal custody to a party is not very common, however there are facts and circumstances sufficient to do so. Unlike parenting time, which defines the frequency and duration each parent spends with a child, legal custody describes decision making authority.
The law defining legal custody can be found in Michigan Compiled Laws, section MCL 722.26a which provides the court authority to grant joint legal custody after considering:
. . . Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child. . .
When a court grants a party sole legal custody that parent has “decision-making authority as to the important decisions affecting the welfare of the child“.
On November 13, 2024, the Michigan Court of Appeals decided a case granting sole legal custody of the parties minor children to the mother. In Stinson v. Stinson, the parties married in 2011, share four children. In November 2020, they divorced and were granted joint legal custody.
After the divorce, the parties relationship deteriorated so much that they were ordered to communicate via a court ordered application and the court appointed a parenting coordinator to help them resolve disputes.
Mother ultimately filed a motion for sole legal custody of the minor children alledging that the different
parenting styles and the children’s emotional issues required the change. The Friend of the Court privately interviewed the children and recommended mother be granted sole legal custody.
On appeal the Court, relying on previous cases determined:
[i]f two equally capable parents whose . . . relationship has irreconcilably broken down are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.” Additionally, when parents have a “deep-seated animosity” and “an irreconcilable divergence in their opinions about how to foster each child’s well-being,” joint custody ceases to be an option.
Wright v. Wright, 279 Mich App 291 (2008)
On other words, when parties are unable “to communicate and make joint decisions regarding the children” and frequently required third-party and court involvement, an award of sole legal custody is appropriate.
At trial, the lower court recognized the parties’ long-standing antagonistic relationship and the
parties’ inability or unwillingness to agree on major issues, including obtaining medical treatment
for the children. While the children did not go without medical treatment, testimony supported the notion that father would delay replying to messages concerning the children’s medical care simply to make mothers life more difficult, resulting in cancelled appointments and her “struggle in trying to provide basic care for the [children] . . .”
The Father lost his appeal and upheld the award granting mother sole legal custody.
By: Daniel Findling (c) 2024.
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