Custody of a Child After Divorce – Michigan Law
When deciding who receives custody of the children, the courts consider 12 different factors. The best interests of the children are the court’s main concern. It examines the stability of custody of a child after divorce.
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The parents and the court have many options for custody arrangements. A week each for dad and mom may be decided by the judge. Another option is for one spouse to have custody of the children during the academic year. The other parent can be away on holiday. It is a type of sharing even though it may not always lead to equal time. Children are affected by these sharings as well. Children find it challenging. Start looking out for the child’s interests. Do it according to the right developmental stage for the child.
What are the 12 factors used by the court for custody determination?
In cases about minor children, judges take into account 12 factors. All pertain to the best interests of the child. The criteria can be applied in situations involving the child. It covers custody, parenting time, and guardianship of minors. When determining the “best interests of the child,” the judge considers 12 factors. The factors are listed below, along with examples of queries the judge might ask about each one. Although each element is significant, the judge need not give them equal weight. The court may determine that some aspects of your case are more significant than others. Each element must be taken into account and decided by the judge.
Factor ( 1 ): The child and the parties concerned are emotionally attached. They are attached through love, affection, and other relationships;
Children in many families adore both of their parents and have a close connection with each of them. There are times when you may need to provide evidence of undesirable behavior. One parent put their own needs before those of their children. A mental health issue. An act of domestic violence or other events has damaged the relationship.
Factor ( 2 ): The capability and disposition of the parties concerned to continue the child���s education. The upbringing in his or her creed or faith, if any, and to show the child love, affection, and direction;
This aspect emphasizes the role that parents play. Especially in facilitating the growth and development of their children. Show you were the parent who consistently attended the children’s parent-teacher conferences. Or, show your partner had objected to the child attending a favored place of worship. This component, along with factor (8) below, is the subject of many debates. Debates on the merits of public vs. private education.
Factor ( 3 ): The ability and willingness of the parties to meet the child���s requirements. These are requirements for food, clothes, and medical treatment. Requirements for remedial care permitted by state statutes instead of medical care;
This aspect gives the impression money is being fought over to provide for children. Michigan courts take into account how child support balances out any financial disparities. between the parties. You and your divorce attorney consider who took the children to the doctor. Whether one parent’s eating habits contribute to the children’s weight problems. Look into other health issues. Whether your spouse neglected the children’s practical necessities like school clothes. Who has historically met these demands? Which has the better ability and propensity to provide? Providing for the children’s material and medical needs.
Factor ( 4 ): How long the child has resided in a dependable setting? How long is the need of maintaining continuity?
Michigan family court will make every effort to limit the disruptions in a child’s life. and prefer a resolution that would ensure the child’s life has the most continuity. The parent granted custody in a divorce can receive ownership of the marital house. The judge will take into account the children’s history of living with each parent. This is in cases where the parents currently live apart. Courts favor keeping that history going. Unless it is unsuitable or dangerous in some other way. Provide proof of hazardous living circumstances. Show the use of illegal drugs inside the house especially if the kids can get to them. The introduction of dangerous outsiders into the children’s home setting.
Factor ( 5 ): The continuity of the proposed or actual custodial home(s) as a family unit;
This factor examines both the material features of each parent’s residence. Looking into their interactions with other members of the family. Custody disputes may center on the child’s relationship with step- or half-siblings. The introduction of new romantic partners, and the parents’ frequent relocation. You may have to move as a result of your separation. You and your lawyer should be ready to provide evidence of your other stability. Justify the reasons why the relocation was essential.
Factor ( 6 ): The moral standing of the parties involved;
Factors (6) and (7) are frequently the focus of disagreement. It’s often a point of disagreement.�� Couples frequently attempt to cite their partner’s extramarital affair. Their partner’s drinking behavior can be a justification for not being granted custody. The Child Custody Act simply takes into account a person’s ability to be a parent. It makes no distinction between who may be the morally superior adult. Having a drinking history won’t be enough. Have a stronger case. Prove that the other parent consumes alcohol during parenting time. Choosing to spend time with a new partner over the children could influence your custody case. It does not immediately harm your spouse’s capacity to parent.
Factor ( 7 ): The parties��� physical and emotional well-being;
Be ready to submit medical evidence or an expert witness in this factor. Prove that one parent has mental health issues. or a physical handicap that impacts their capacity to parent. With the Americans with Disabilities Act, the Court must make a reasonable accommodation. for a person’s handicap. You cannot easily attest to any fact. You cannot attest that your husband is depressed and spends days in bed without getting up. Show evidence the other parent refuses to seek treatment. Treatment to deal with a mental or physical health issue. It is affecting their capacity to parent. Prove the other parent has a diagnosed physical and mental disease. It cannot be accommodated and interferes with their ability to parent.
Factor ( 8 ): The child���s history, school, and community;
The conditions of the child are the main considerations in this factor. Show evidence of how your divorce or separation has affected your child. Proof must include behavioral issues at home. Battles with siblings or friends, issues at school, or other factors. Progress reports or school report cards can be used as confirmation for this factor. A child’s progress or mental health may also be attested to by the child’s teachers or therapist.
Factor ( 9 ): The child���s reasonable preference. Done if the judge determines that the child is mature enough to express a preference;
A custody dispute may question children as young as age 6 to voice their preferences. Children are typically not called to testify in court. Each child will undergo a private interview with the family court judge. It can be by a Friend of the Court investigator to talk about their choices and the reasons behind them. The judge’s decision or the Friend of the Court’s advice merely notes the child’s desire was taken into consideration. You shouldn’t tell your child what to say in these interviews as a parent. Even if you agree with your child’s viewpoint, the investigator can think the child was coerced. It can work against you when determining what is in the child’s best interests.
Factor ( 10 ): A close and ongoing parent-child interaction. Between the child and the other parent. The child and the parents are encouraged and supported by each of the parties. A parent can take any reasonable action to safeguard a child against sexual assault or domestic violence. It can be committed by the child���s other parent. Such action to protect will not be viewed unfavorably by the judge for this factor;
There can be a higher level of tension in your custody case. This factor will play a part in your Michigan custody judgment. Parents are expected to uphold and foster the child’s relationship with the other parent. The exception is in domestic violence or child abuse cases. There are times in high-conflict divorce when one parent prevents a child’s access to the other parent. A parent can limit parenting time. Words like “parental alienation” are used to describe the worst situations. The science underlying “parental alienation” is debatable. There are instances one parent obstructs their children’s contact with the other parent. You and your attorney can provide the narrative and discuss how it connects to this factor.
Factor ( 11 ): Domestic abuse, whether the child was the target of the violence or witnessed it;
Some of the most challenging and heartbreaking custody battles include children. Children being victims of domestic abuse. Parents can have a history of abusive physical, verbal, or emotional behavior. The courts take this abusive behavior extremely seriously. It can be challenging to tell the judge your tale as a victim of domestic abuse. The children’s knowledge, experiences, and observations, as well as your own, should be laid out. This will make it easier for your judge to create a custody and visitation plan. It can keep everyone safe. It helps in comprehending the effects of your abuser’s actions on you and your children.
Factor ( 12 ): Any additional factor the judge deems pertinent;
This factor allows you the ability to bring up any issues particular to your situation. Although this category is vast, typical “other factors” include:
[ a ]�� Specific educational demands of a child or ongoing medical issues.
[ b ]�� The desire of siblings to remain together (including step-siblings or half-siblings).
[ c ]�� Arrangements for child care (including the amount of time spent in daycare).
[ d ]�� Putting the child under emotional stress or involving them in divorce proceedings.
[ e ]�� Financial pressure from the other parent on the parent attempting to gain custody.
The court will not take into account certain “additional criteria,” in particular:
[ a ]�� Race of a parent or inter-racial relationships.
[ b ]�� Parents’ sex or gender. (Favoring the mother based on gender stereotypes. or placing a child with a parent of the same gender for that reason).
[ c ]�� The child’s biological connection to a parent. (There has been an adoption. Alternative reproductive techniques were used to conceive a child.)
One parent can request to change an existing child custody arrangement. The Michigan best interests factors can also be taken into consideration. This comes after a parent finds there is a good reason to alter the current arrangement. or that a change in circumstances justifies reexamining custody. The judge evaluates best interest criteria again when thresholds are satisfied. The burden of evidence is also established. This time, the judge will focus on what has changed. What is posing a difficulty for the child?
What should you consider in deciding custody arrangement?
Nowadays, it is more typical to divide child custody equally than it was in past generations. That might not be the greatest choice for your family out of all the options. The division of your custody may change. This can change due to a variety of causes, including evolving circumstances. The child’s developmental stage should be taken into consideration when:
[a] The age range of your children at some point.
[b] The degree to which you collaborate with the other parent.
[c] Your reluctance to be adaptable preferring to maintain a regular schedule.
The greatest option should be any custody agreement that is made with the child, not the parent, in mind. When deciding on the custody arrangement, both parents must consider the following factors:
[ a ]�� Taking “breaks” from parenting. Communicating with each parent at least once every several days.
[ b ]�� Predictability and dependability.
[ c ]�� The child’s development is taken into consideration. Infants can receive shorter, more frequent parental attention bursts during nursing. This can be more helpful. The parents may arrange for the sharing of breast milk.
[ d ]�� When the child’s daily requirements were met before by both parents. It can be situations including nighttime parenting, either jointly or individually.
[ e ]�� Take into account a “graduated schedule.” Less time is spent parenting first, and subsequently the frequency and length of time increase. Every time a parenting milestone is attained, it is carried out. When a parent has not consistently taken good care of the child. Or, a parent feels uneasy taking good care of the child.
[ f ]�� As often as required, set aside time for parenting. particularly in cases where parents are geographically apart. As they are raising their children, parents might have to travel.
[ g ]�� The chance for the child’s parents to go with them to important events. Birthdays, spiritual holidays, and doctor’s appointments can all be considered significant occasions.
A parenting plan must include a custody arrangement. The decisions that were made with the children’s best interests in mind are usually the best ones. We can manage the complex world of custody arrangements because of that point of view. As we mentioned before, every family is unique.
What custody arrangement is best for your child?
Some custody arrangements can or cannot be suitable for some families and their children. The best choice for the parents may not always be the best one for their children. More frequent encounters with their parents may be more enjoyable for younger children. Older children could be more interested in staying put for several weeks at a time. In the early years, it could be best for the child to spend more time with one parent. As the child ages, they begin to spend more time with the other parent. One parent and their younger children may have a stronger affinity than the other.
State of Michigan rules on parenting time are in place. The situation in Macomb County and other Michigan counties is the same. The “best practices” described in these suggestions are generally relevant. The majority of parents see custody arrangements as a weekly plan. Even parenting time schedule templates are created every week. You can test out a few of these suggested schedules.
Custody schedules that use full weeks.
Weekly plans are beneficial for younger children. When parents don’t live close enough, weekly agreements are also a fantastic idea.�� This weekly schedule is referred to as “week on, week off,” alternating weeks. Children under this sort of custody arrangement spend a whole week with each parent. Before visiting the co-parent for a full week the following time, one week must pass. For instance, parents can specify the start and end dates of Sunday through Saturday. Use this to select when the children are given over to the other parent as well. With this custody agreement, many midweek moves are avoided.
The custodial parents have the children for two weeks at a time rather than moving them every other week. Some young children could find a two-week break to be too long. They do shorten the time that children spend relocating from one family to another. Some parents would only use this approach in the summer. Vacations are made easier by the two-week schedule.
Custody arrangements that make use of midweek transfers.
One parent will put in more hours throughout the first week. The other parent will put in more hours during the second week. The total number of custody days for each parent is equal by the conclusion of the two weeks. There are various ways to divide the weeks fairly. These numbers reflect how many days each parent will have.��
There are various ways to divide the weeks. These numbers reflect how many days each parent will have. A weekly schedule of 3-4-4-3 is one example. Parent One has 3 days with the kids, then Parent Two has 4 days. Parent One has four days, but Parent Two only has three. It follows the equation 3-4-4-3. Then the schedules are reset. Other weekly arrangements are 5-2-2-5 and 2-2-3.
Children may find a week without one parent to be too long. Under these conditions, breaking up the week is a great idea. During two weeks, these arrangements divide custody equally. This comprises regular working, weekend, and vacation schedules. This also holds for holidays and other notable occasions.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.