Child Agreements

My name is Terry Bankert. I am a Flint Divorce lawyer. The laws though apply statewide in Divorce.

DID YOU KNOW!

DIVORCE Agreements Concerning Children

Flint Divorce Courts and your Michgian Local Divorce Court bound by the parties’ agreement regarding property settlement, but the court remains free to exercise its discretion on issues of child custody and child support. Kline; see also Phillips v Jordan, 241 Mich App 17, 614 NW2d 183 (2000).

The welfare of the children in Flint Divorce Court and throughout Michigan —not the claims, personal rights, or desires of the parents—is paramount in determining custody and support. Delamielleure v Belote, 267 Mich App 337, 340, 704 NW2d 746 (2005) (parenting time is right of child and obligation of parent and cannot be waived by divorce settlement); Napora v Napora, 159 Mich App 241, 406 NW2d 197 (1986) (trial court not bound by parties’ agreement to modify custody order); Puzzuoli v Puzzuoli, 3 Mich App 594, 143 NW2d 162 (1966) (custody).

Other Michigan cases have enforced agreements regarding child-related issues in specific situations. See, e.g., Dick v Dick, 210 Mich App 576, 583, 588, 534 NW2d 185 (1995) (parties may agree to binding arbitration of child support and custody); Koron v Melendy, 207 Mich App 188, 523 NW2d 870 (1994) (implicit in trial court’s acceptance of parties’ custody and parenting time agreement is court’s determination that arrangement is in child’s best interests); Rossow v Aranda, 206 Mich App 456, 457, 522 NW2d 874 (1994) (mother bound by stipulation transferring physical custody of eldest daughter to father, absent showing of duress or coercion).
A Flint Divorce party may not disclaim parenthood by stipulation. Hawkins v Murphy, 222 Mich App 664, 565 NW2d 674 (1997). However, the Divorce courts statewide may determine the husband’s paternity rights during the divorce proceeding,