What Are the ‘Best Interests of the Child’ Factors in Michigan Family Court?

The key guiding question that defines child custody and parenting time decisions in Michigan is what is in the best interest of the child. The major mechanism of this legal standard is the reference to the instances of the family law to the questions of custody in the case of divorce of the parents, their separation, or just inability of parents to have been married in the first place. In defending or fighting a custody battle, it may be more prudent to seek the services of an experienced Michigan Child Custody Lawyer who can help you make the best arguments based on the best interests of the child.

In the state of Michigan, such standard is determined by a set of 12 factors that judges should consider when deciding on custody imbued cases. These are the factors listed in the Michigan Child Custody Act of 1970 (MCL 722.23) which seeks to ensure that every decision made by the court favors the child in all aspects emotionally, mentally, and physically.

The 12 Best interests Factors in Michigan

1. Lust, Desire and Emotional Bondage

The court considers the emotional connection of the child to each parent. Judges will think about the proximity of the relationship and whether the parent offers love, affections and emotional support on a regular basis.

2. Ability to offer Advice and Education

This is the capacity of each of the parents to render adequate guidance, education and where applicable the desire to raise the child in a specific religion or culture.

3. Capability to Give Basic Needs

The Courts consider how each parent is able to provide food, clothing, medical care and a safe stable home to live in. This is both a physical and emotional need.

4. Length of Time in a Stable Environment

Children need stability. The reason is that the judge in many cases prefers to have some continuity in the life of the child in a safe and stable residential situation, particularly when the child has been staying in such a home over a long duration.

5. Permanency of the Suggested Custodial Home

Judges determine the potential level of long-term stability provided by the living circumstances of each of the parents, including the permanency of the family residence and general livelihood.

6. Moral Fitness of the Parents

The court can also analyze the conduct and personalities of the parents including what problems they had with honesty or criminal activity or substance abuse problems and how they would affect the child.

7. Mental and Physical Health of the Parents

The physical and mental health of both parents is considered in order to determine the ability of both parents to care safely and conscientiously about the child.

8. Child’s School, Home, and Community Record

This comprises the school performance of the child, conduct at home, participation at extra-curricular activities and professions in the society.

9. Child’s Preference (If Applicable)

In the case of a child of enough age and maturity, the court can take into consideration the choice of custody expressed by the child. Nevertheless, the wishes of the child do not play a deciding role, but are one among many.

10. Willingness to Support the Child’s Relationship with the Other Parent

The court will look at the likelihood of each parent promoting a good association between the child and other parent including not talking bad and interfering with the other parent.

11. History on Domestic Violence

History of domestic violence even when the child was not the target shall be given serious consideration. The court will be evaluating its contribution to the safety and emotional welfare of the child.

12. Any Other Relevant Factor

The judge has the freedom of taking into account any other factor of the family unit that might be influencing the child’s best interest, such as the special needs of the child, interpersonal relationship of the siblings, or any special circumstances.

The Factors as Applied in the Courts

Judges do not give a property to each factor. They do not, however, apply it to the overall set of circumstances but rather consider various factors with more weight than others depending on the facts of the case. As an example, where there is a situation of domestic violence, considerations of the safety of the child may override other factors.

Michigan courts favor joint legal custody as long as this is practical since this schedule grants the parents equal rights concerning key decisions about the development of the child. Physical custody (where the child lives with) can be awarded to either of the parents or to both parents depending on what is best in the interest of the child.

Conclusion

The term, best interests of the child, is significant to comprehend when any parent is involved in a custody court in the state of Michigan. By paying attention to these 12 factors the primary goal of the court is to protect the welfare of the child. Parents are to be ready to show how their home, mannerisms and their place towards the child contribute towards the growth, stability and happiness of the child.

These may be critical factors to consider when negotiating a parenting plan or during a custody court appearance because they allow you to better negotiate and have the best interests of the child in mind.