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Your safety and well-being are our top priorities. Our office is open and staffed to serve you. We are taking measures to ensure that our office is thoroughly cleaned and safe for our clients. We will continue to offer our services via phone, email, and Zoom. Harris & Literski is committed to slowing the spread of COVID-19 while continuing to be the law firm you can depend on.

Basketball star given sole custody forced to allow visitation

| Aug 9, 2013 | Child Custody |

A number of issues play into Michigan child custody decisions. First and foremost, whatever the court decides in child custody cases is what governs the parties. With this being the case, if the parties can come to a child custody agreement without court intervention, that approach may be better for the parties involved. However, there are instances when the parties cannot come to an amicably fair decision and the courts need to get involved. The courts’ primary focus is the well being of the children, and they use the best interests of the child standard as their guiding principle.

Dwayne Wade, a star professional basketball player, was recently instructed by a court to release his children for visitation with their mother. The parties had previously agreed to a visitation schedule that gave the mother two weeks during the summer along with other specified visiting days. Wade filed a motion with the court to deny turning over his sons to their mother because of what he believed was unstable behavior. The court did not agree with Wade’s assessment, and ordered that the children visit with their mother as per the child custody order.

In enforcing a child custody order, the courts affirm their ability to promote what they believe is the best interests of the child. In order to revisit an order of the court, the parties have to petition the court and present new evidence to change an existing order. Child custody orders ultimately dictate parenting time. They give the parents a definite framework of where the child will be and when. In a lot of child custody cases, the courts will give sole custody to one parent with visitation to the other. Joint custody is also a possibility.

Child custody decisions are not made lightly and the parties have to abide by court mandates. If parents are unhappy with an existing mandate, they can consult with a family law attorney to discover their various options.

Source: Huffington Post, “Dwyane Wade custody dispute: Heat star ordered to let sons have visitation with ex-wife Siohvaughn,” Vanessa Martin, July 31, 2013

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