JUDGE WILL CONSIDER NUMEROUS FACTORS IN DECIDING CHILD CUSTODY

Custody of the children is hopefully going to be worked out by the parents in a mutually agreed arrangement that’s in the best interests of the children. However, it doesn’t always go that way. In Michigan, where the parents don’t agree on child custody it is necessary to have a custody trial to determine the issue.

In that event, a family law judge is called upon to make a comprehensive evaluation of each party’s resources, logistics and character in order to decide which one offers the strongest environment in which to raise the children. In some instances, joint custody will be awarded. However, in many cases one parent will be awarded primary physical custody and the other will have visitation rights.

Some of the most important factors are discussed here. First, the court determines the work history of each parent, their respective financial situations and their available resources. This would include proposed living arrangements, whether it’s a house or apartment, and what the facilities are at each residence.

In some cases, the court will order an agency to do an in-home visit and write a report on the facilities and condition of each home. This is often an important factor in a child custody decision. Also, the court determines the kind of relationship of each parent with the children, the history of each parent’s custody over the children and the ability of each to further the stability and continuity of the children’s environment.

The preferences of each child will be considered — the older the child, the more influential is the child’s expressed preference. Geographical distances from other relatives and from schools will also be considered. Sometimes the court will consider an improper motivation of a parent in seeking physical custody.

Further, the court will harshly judge a parent who uses the children as tools in promoting ongoing conflict with the other parent. In Michigan and other states, child custody determinations boil down to the court trying to weigh the factors that contribute to deciding what is in the children’s best interests. This is a fact-intensive process that is usually effective in making an overall evaluation.

Source: Boston Herald, “Dad’s custody request concerns stay-at-home mom,” Gerald Nissenbaum, April 21, 2013