Best Interest of the Child

A custody order, or that portion of your divorce judgment pertaining to child custody, specifies with who the child shall live, and other conditions surrounding child custody. Parents are encouraged to reach their own agreements regarding child custody. When parents cannot agree on child custody, the Judge must decide child custody by considering all of the factors enumerated under the Michigan Child Custody Act [MCL 722.21]. In most cases, the Judge will make a decision based upon the record established at a Referee evidentiary hearing. This is a formal hearing and is the equivilant of a trial. After the Referee Hearing the Referee will make recommendations to the Judge. It is in your best interest to have an attorney represent you at a Referee Hearing because of the formality of the hearing. In making a decision on child custody the Referee is required to make a finding regarding all of the best interest factors. It is essential to establish each of the factors in a favorable light to your case. The best interest factors follow:

Best Interest of Child Factors

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) 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.

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

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

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

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

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

(j) 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.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

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

Disclaimer

The information on this website is for general information purposes only. Nothing on this or associated pages or documents should be taken as legal advice for any case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute an attorney-client relationship.