Haque Legal · Bloomfield Hills · Oakland County Family Law
Custody decides where your children sleep on a school night, who makes the major decisions about their lives, and how holidays and summers are shared. Haque Legal represents Oakland County parents in initial custody cases, divorces with children, ex parte orders, and requests to change an existing order.
We start by reading the current order and learning how your child’s week actually works. Then we build the case around the two questions a Michigan judge must answer: whether the child has an established custodial environment, and what the 12 best-interest factors in MCL 722.23 support.
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Reviewed by Fahd S. Haque, Esq., Founder & Principal Attorney · Updated November 5, 2026
Served with an ex parte custody or parenting time order?
An ex parte order is entered without a hearing, but it is enforceable once you are served. To challenge it, you generally must file a written objection or motion within 14 days after service (MCR 3.207(B)). If nothing is filed in time, the ex parte order becomes a temporary order. If the order could change your child's established custodial environment, the court must hold an evidentiary hearing within 21 days of entering it. Follow the order while it is in effect, keep a dated record of every exchange and message, and do not try to fix the problem at the door.
Tell us the date you were served and bring the order and the motion it was based on. If your child is being withheld or an exchange is coming up, say so when you call.
Every custody case turns on the established custodial environment and the best-interest factors. We organize your evidence factor by factor and address the custodial environment first, because it sets how much proof the court needs.
Our published results include defeating motions for full custody, securing equal parenting time before an evidentiary hearing, and restoring time for a parent whose children had been withheld. Family law results
Orders fail on the details: exchange times, school pickups, holidays, and summer travel. We draft schedules a parent can follow on an ordinary school day. Holiday parenting time
When a parent’s immigration status is part of the case, custody and immigration questions are reviewed together by one firm. Custody and an undocumented parent
Senior Attorney
The firm’s lead family law attorney, licensed in Michigan since 1993. Divorce, custody, parenting time, and support in the Oakland, Wayne, and Macomb County circuit courts.
Associate Attorney
J.D., Wayne State University Law School. Custody, child support formula calculations, post-judgment modifications, and contested parenting time.
Principal Attorney & Founder
Michigan trial lawyer since 2014. Super Lawyers® Rising Stars 2022–2026. Contested custody, divorce, and property division, prepared as though the case will be tried.
Custody
“I was pulled back into court due to a high-conflict situation with my ex, and working with Theresa Rizer made all the difference. She fought hard for me, explained everything clearly, and helped me stay focused. I truly felt like she was in my corner.”Sara Kuhnie, Google review
Litigation
“Attorney Theresa Rizer demonstrated a high level of professionalism, preparation, and clear legal judgment. Her courtroom advocacy was calm, focused, and effective. I felt confident knowing my case was being handled thoughtfully and with attention to detail.”Arvind Sharma, Google review
Divorce
“[Hunter] was my lawyer for my divorce. She was absolutely amazing throughout the entire process. Nothing but good things to say about this law firm.”Angela Paladuk, Google review
Legal custody is decision-making over major issues such as school, non-emergency medical care, and religion. Physical custody is where the child lives. Joint custody can mean shared decisions, alternating residence, or both (MCL 722.26a). Neither one guarantees a 50/50 schedule.
A custodial environment exists when, over an appreciable time, the child naturally looks to a parent for guidance, discipline, the necessities of life, and comfort (MCL 722.27). Changing it requires clear and convincing evidence that the change is in the child’s best interests.
Michigan presumes it is in a child’s best interests to have a strong relationship with both parents, and parenting time is set to promote that relationship (MCL 722.27a). If parents agree on terms, the court orders them unless it finds by clear and convincing evidence they are not in the child’s best interests.
When parents sign an acknowledgment of parentage, the mother has initial custody until a court orders otherwise (MCL 722.1006). A father usually needs to file a custody case to get an enforceable custody and parenting time order. Fathers’ rights
Before the court will revisit custody, the parent asking for the change must show proper cause or a change of circumstances since the last order. Only then does the court weigh the custodial environment and the best-interest factors. Post-judgment modification
Once an order governs custody, a parent generally cannot move a child’s legal residence more than 100 miles from where the child lived when the case began without consent or court approval, subject to exceptions (MCL 722.31). Out-of-state moves raise separate jurisdiction questions.
The court must consider and make findings on each factor. In summary, they are:
Paraphrased from MCL 722.23. Read the statute for the exact wording.
Parents sometimes use “custody” to describe several different problems: major decisions about a child, the regular overnight schedule, a missed exchange, or a request to move away. Explain what you need to happen differently. The current order and the specific requested change help define the issue the attorney needs to evaluate.
A useful record describes the child’s routine and what has actually happened. Include school transportation, appointments, activities, and the responsibilities each parent regularly handles. Keep complete messages and distinguish an isolated incident from a recurring pattern. Avoid relying on labels about the other parent when dates and examples can explain the concern.
The judgment, later orders, incorporated schedules, and actual weekly routine.
What happened, when it happened, how the child was affected, and what the order says.
Exact days, times, transportation responsibilities, and a plan that addresses the identified problem.
An exchange plan should say who picks up the child, where the exchange happens, and how school or childcare fits the transition. Identify work travel and recurring commitments early. If safety is a concern, raise it at the first contact so communication and exchange arrangements can be planned around it.
Holidays need a separate pass through the order. Compare the school calendar with the holiday provisions and the regular rotation, and note when each holiday period starts and ends. These tools help organize the questions; they do not decide what your order requires.
How Oakland County holiday and school-break terms usually interact with the regular rotation. Read the guide
Map each holiday’s start, end, and exchange details before the date arrives. Open the worksheet
Count annual overnights under a proposed schedule, which also matters for child support. Open the calculator
For court locations, Friend of the Court contacts, and local procedures, see our Oakland County Family Court guide.
The court decides custody based on the child's best interests, using the 12 factors in MCL 722.23. Before weighing those factors, the court must decide whether the child has an established custodial environment with one or both parents. A change to that environment requires clear and convincing evidence that the change is in the child's best interests.
Legal custody is decision-making authority over major issues such as education, non-emergency medical care, and religion. Physical custody concerns where the child lives. Parenting time is the schedule each parent has with the child. Read the actual order rather than relying on labels such as joint or primary custody.
A custodial environment is established when, over an appreciable time, the child naturally looks to a parent for guidance, discipline, the necessities of life, and parental comfort (MCL 722.27). A child can have an established custodial environment with one parent or with both. Whether one exists often decides how much evidence the court needs before changing the arrangement.
MCL 722.23 lists 12 factors, including the emotional ties between each parent and the child, each parent's capacity to provide guidance and material needs, the stability of the child's environment, the moral fitness and health of each parent, the child's home, school, and community record, the child's reasonable preference, each parent's willingness to support the child's relationship with the other parent, domestic violence, and any other relevant factor.
No. The best-interest factors apply to both parents equally. When unmarried parents sign an acknowledgment of parentage, the mother has initial custody until a court orders otherwise (MCL 722.1006), which is why fathers often need to file for an enforceable custody and parenting time order.
The court considers the child's reasonable preference if it finds the child old enough to express one (MCL 722.23(i)). Michigan has no fixed age at which the child decides. The preference is one factor among twelve, and judges often hear it in a private interview rather than in open court.
Follow the order while it is in effect. To challenge it, you generally must file a written objection or motion within 14 days after you were served (MCR 3.207(B)). If nothing is filed, the ex parte order becomes a temporary order. If the order could change your child's established custodial environment, the court must hold an evidentiary hearing within 21 days of entering it. Contact us with the date of service and bring the order and the motion it was based on.
Yes, but you first have to show proper cause or a change of circumstances since the last order (MCL 722.27). If that threshold is met, the court applies the established custodial environment analysis and the best-interest factors to the change you are requesting.
Once an order governs custody, a parent generally cannot move a child's legal residence more than 100 miles from where the child lived when the case began without the other parent's consent or court approval, subject to exceptions (MCL 722.31). Moving out of Michigan also requires care. Talk to us before you move.
Keep the order, dates, times, and complete messages. You can file a parenting time complaint with the Friend of the Court, and Michigan requires each circuit to have a makeup parenting time policy for wrongfully denied time (MCL 552.642). Repeated denials may also support a motion to enforce or modify the order.
No. Joint legal custody means shared decision-making. Joint physical custody means the child lives alternately with each parent. Neither one guarantees an equal overnight schedule, which depends on the parenting time terms in the order.
Yes. Domestic violence is a separate best-interest factor, whether or not the child witnessed it (MCL 722.23(k)). The court also may not hold against a parent any reasonable action taken to protect the child or that parent from domestic violence. Safety concerns should be raised at the first consultation so exchanges and communication can be planned around them.
Holiday terms usually override the regular rotation for the holiday period. Compare the order with the school calendar early, note when each holiday period starts and ends, and raise ambiguities before the exchange date rather than at the door.
Bring the current order or filed papers, a short timeline, the child's actual weekly schedule, and complete messages about the disputed issue. Tell us if a hearing or a parenting exchange is coming up soon.
Yes. The initial consultation is free. We explain fees and the retainer for your situation at that meeting, before you decide whether to hire the firm.
Official references: MCL 722.23, best-interest factors · MCL 722.26a, joint custody · MCL 722.27, custody orders and modification · MCL 722.27a, parenting time · MCL 722.31, 100-mile rule · MCL 722.1006, acknowledgment of parentage · MCL 552.642, makeup parenting time · Oakland County Friend of the Court forms
Bring the current order or filed papers, a brief timeline, the child’s actual weekly schedule, and your most pressing questions. If a court date or parenting exchange is approaching, tell us when you contact the firm. Our consultation preparation guide lists what to gather.
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