HOW CHILD CUSTODY IS DETERMINED IN A MICHIGAN DIVORCE

Dealing with a custody battle can be one of the most emotional and life changing events a person will ever have to experience. The goal of the court system in any child custody case is to establish a custodial environment that protects the “best interests of the child.”

The court uses 12 best interest factors to determine the ideal outcome for a child in a Michigan custody case:

1. The love, affection, and emotion ties existing between the parties involved and the child.

The court will attempt to determine with whom the child bonds with more and which parent shows more empathy, affection, and concern for the child.

2. The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

This factor takes into account who is responsible for the child’s education, extracurricular activities, discipline, and religious upbringing.

3. The capacity and disposition of the parties involved to provide the child with food, clothing, and medical care or other remedial care recognized under the laws of this state in place of medical care, and other material needs.

The court will assess who is in a better position to care for the child’s basic material needs, such as food, clothing, and medicine, as well as the ability to provide financial stability and health care.

4. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

This aspect of the custody decision is based on who is best able to provide an ongoing stable environment for the child.

5. The permanence, as a family unit, of the existing or proposed custodial home or homes.

This takes into account where the child has been and is currently living, with the ideal outcome of keeping the child in an existing stable environment, close to as much of their immediate family as possible.

6. The moral fitness of the parties involved.

The court will look at whether either party has a history of drug abuse, extra marital affairs, abusive tendencies, or other behaviors that may have a negative impact the child or the ability of the parent to display effective parenting skills.

7. The mental and physical health of the parties involved.

The court will examine whether either parent has mental or physical health problems that could potentially interfere with childcare responsibilities.

8. The home, school, and community record of the child.

The court will investigate any records relating to the child’s school and community and attempt to determine which party has showed more involvement and interest in the positive development of the child.

9.The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

If the child is at a reasonable age to make a realistic determination, and if the court believes that child is not questionably influenced by either party, they will take into account their preference for custody.

10. The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

The court will determine which parent will best cooperate with and maintain the parenting time schedule and display a respectful attitude towards the other parent while in front of the child.

11. Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

Any incidents or suspicion of domestic abuse perpetrated by either party will be taken into account, whether or not the child was aware of the incidents or witnessed them directly.

12. Any other factor considered by the court to be relevant to a particular child custody dispute.

This factor allows the court to take into account and other important circumstances, such as significant others or new spouses and their effect on the child, unique circumstances that reflect poorly on either party, or considerations regarding special needs children.

For more information about Michigan’s child custody laws, or to secure qualified legal representation that will help you get the results you need in your divorce and custody case, contact the family law experts at Bailey, Smith and Bailey, P.C. today for a free consultation.