What Constitutes the Best Interest of the Child? – Michigan Lawyers

In Hollywood, you often see parents waging slander campaigns against each other. Hurling accusations of shortcomings in a custody dispute. In Michigan, when we discuss child custody, we only consider what is in the child’s best interest. One method to achieve that would be by emphasizing the shortcomings of one parent. The best interests of the child are more important than the shortcomings of the parents. What constitutes the best interest of the child in the context of a custody case?

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The best interests of the child are influenced by twelve factors. Each of these statutory factors is assigned unequal weights. The evidence related to those criteria must be taken into account and weighed by the court. The court may decide certain variables favor the mother while other elements favor the father. The court has the authority to take those factors into account. Because of this, custody disputes are challenging. You must look for a lawyer who is familiar with how these elements are applied in court.

What factors do judges consider in custody cases? There is a widespread misconception that parties smear one another in a custody fight. The court sides with the one who has been most unsuccessfully delegitimized. Statutes specify the factors a judge must consider when deciding custody disputes. The court will not be concentrating on the attempts of the parties to discredit one another. Any disagreements are resolved based on which parent can best represent the child’s interests.

Judges are tasked to determine who will make choices for the child. How often each parent will have custody of the child? Judges are also obligated to decide on parenting time. This is when parents involved in custody battles cannot come to an agreement. You can approach the Friend of the Court Office. You can ask legal counsel, and/or use a mediation procedure. This can all help the parents decide on a custody plan. There is always the option for parents to come to an amicable custody agreement. Parents can freely obtain or change custody through the court system. They can file the appropriate motions through their lawyers.

What does best interest mean?

There isn’t a universally accepted definition of “best interests of the child.” The phrase typically refers to the consideration that courts give. Considerations to determine services, actions, and directives that will best serve children. It also refers as well as who is most qualified to provide for their needs. These considerations are connected to the child’s situation. It is connected as well to the parent or caregiver’s situation and parenting ability. It is the child’s ultimate safety and well-being that is of utmost importance. The Michigan Child Custody Act. The Michigan Combined Laws (MCL) 722.23. This law lists the statutory best interest elements. These are the elements used by the Court in child custody cases. Factors are taken into account while examining an application for a change of custody.

What are the guiding principles of best interests determinations?

State laws usually include reference to broad aims, purposes, and goals. These direct the reasoning when determining what is in the best interests of the parties involved. Among the guiding concepts that are most frequently expressed are the following:

[ a ]  The value of maintaining the stability of families. The preference is to keep children in their homes. (28 States subscribe to this principle including American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands).

[ b ]  The child’s health, protection, and/or safety. (Subscribed to by 21 states including the Northern Mariana Islands.)

[ c ]  The significance of making permanent judgments on time. (Subscribed to 19 states including the US Virgin Islands).

[ d ]  The guarantee a child taken away from their family will get care, treatment, and direction to help them grow up to be independent adults. (Subscribed to 12 States including American Samoa and Guam).

Specific factors are included in the statutes of about 22 States including the District of Columbia.  Factors for courts to consider in making determinations on the best interests of the child. Although factors differ from one State to another, the following are typically necessary:

[ 1 ]  The child’s emotional connections to and relationships. Connections and relationships with his or her parents, siblings, and other family members. Relationship with housemates or other caregivers. (Adapted by 15 states including the District of Columbia.)

[ 2 ]  The parents’ ability to give their children a secure environment, as well as enough food, clothing, and medical attention. (Adapted by 10 States).

[ 3 ]  The child’s requirements for both physical and mental wellness. (Adapted by 9 states including The District of Columbia).

[ 4 ]  The parent’s physical and mental well-being. (Adapted by 9 States including The District of Columbia).

[ 5 ]  Domestic violence occurring within a home. (Adapted by 9 States).

Every state has laws integrating these elements. These states include American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, The District of Columbia, and the U.S. Virgin Islands. Elements must be taken into account when making decisions about a child’s custody or placement.

Courts make many decisions that have an impact on children. This includes those on placement and custody. It also includes safety and permanency planning, and procedures for terminating parental rights. Judges consider whether a decision is in the child’s “best interests” whenever a court makes one.

What are the twelve statutory factors used to determine the best interests of a child in Michigan?

When making decisions about cases involving minor children, judges consider 12 factors. All are connected to the child’s best interests.  It talks about minors’ guardianship, visitation privileges, and child custody. When determining what is in the “best interests of the child,” the court considers 12 factors. Despite the significance of each element, the judge need not give them all the same weight. The judge may decide that some aspects of your case are more crucial than others. The judge must consider all relevant factors before making a judgment.

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 and have a close bond with both of their parents. You could on occasion be asked to provide evidence of inappropriate activity. One parent put their needs before those of their children.  Domestic violence or other circumstances may lead the relationship to suffer.

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 factor emphasizes the role of parents. Their role in promoting the growth and development of their children. Attending your child’s parent-teacher conferences will show that you are the parent. Show that your partner objected to the child going to their favorite place of worship. There are arguments contrasting the benefits 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 factor shapes the perception of the opposition. Parents are vying with one another for resources to assist their children. The opportunity to balance any financial disparity through child support. Michigan courts take disparities into consideration. Who transports children to the physician? Which eating behaviors are contributing to the child’s weight problems?  Examine any health issues. Perhaps your partner neglected to buy their kids’ necessities, like school clothes. Who in the past responded to these demands? Which has a stronger ability and propensity to provide? Who provides children with the food and medical care they need?

Factor ( 4 ): How long the child has resided in a dependable setting? How long is the need of maintaining continuity?

The Michigan family court will use every attempt to lessen the amount of disruption to a child’s life. The courts favor the strategy that offers the child the most continuity. The parent who is awarded custody after a divorce is also entitled to the marital home. The judge will evaluate the children’s prior experiences with each parent. If the parents are currently not cohabitating, this applies. Judges have decided in favor of continuing that custom. Unless it is inaccurate or dangerous in another way. Show that there are dangerous living circumstances. Clearly demonstrate that narcotics were utilized inside the home. This is quite important, especially if children may access them. The introduction of risky strangers into the ecosystem of the children’s life.

Factor ( 5 ): The continuity of the proposed or actual custodial home(s) as a family unit;

The physical details of each parent’s home are included in this factor. It examines how they get along with other family members. Custody disputes may center on the child’s relationships. Relationship with his or her biological siblings or half-siblings. The frequent moves of the parents and the introduction of fresh romantic relationships. Your separation can encourage you to move. You should be ready to provide evidence of your stability. Give justifications for why the move was essential.

Factor ( 6 ): The moral standing of the parties involved;

In most cases, criteria (6) and (7) are the key points of controversy. It is frequently a contentious subject. Couples frequently try to assign blame for their partner’s extramarital affair. Their partner may not be granted custody due to their spouse’s drinking habits. The Child Custody Act only takes a parent’s capacity into account. It is not differentiated on who the morally superior adult might be. Having a drinking history is insufficient. Make your case more compelling. Prove the other parent drinks alcohol in the presence of the children. Deciding to put time with a new companion before time with the children. This can affect your custody battle. It doesn’t immediately make your spouse’s parenting abilities less effective.

Factor ( 7 ): The parties’ physical and emotional well-being;

Be ready to offer medical records or expert testimony in this case. Prove the fact that one parent is coping with mental health issues. Or, a physical condition interferes with their capacity to be a parent. Reasonable accommodations can be made by the Court. The Americans with Disabilities Act provides for this in consideration of a person’s handicap. Attesting to any fact can be challenging. You may be unable to attest to the fact that your husband suffers from depression and spends a lot of time in bed. Identify any evidence that the other parent is not seeking help. There are procedures used to address a physical or mental health issue. Their ability to parent is being affected. Show that the other parent has a diagnosed physical or mental condition.

Factor ( 8 ): The child’s history, school, and community;

The circumstances of the child are the main determinants of this factor. Show proof of how your divorce or separation has affected your child. Behavior issues at home must be proven. This includes challenges in the classroom and disagreements amongst siblings or friends. Progress reports or report cards from the school may be used as evidence of this factor. The physical or mental health of a child may also be attested to by teachers or therapists.

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 6 to voice their preferences. Children are not typically called to testify in court. The family court judge will have a private conversation with every child. An investigator from the Friend of the Court may speak with them. Find out more about the choices they make and the reasons for them. It is stated in the judge’s decision or the Friend of the Court’s suggestion that the child’s request was considered. You shouldn’t give your child advice on how to behave in these interviews as a parent. You can agree with your child’s viewpoint. The investigator may infer that the child was being coerced. It might be detrimental while determining what is best for the child.

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 more tension in your custody dispute. This matter will be considered while making your custody determination in Michigan. The relationship between a child and the other parent needs parental support. The only exclusions are incidents of domestic violence or child abuse. A parent in a contentious divorce may limit the child’s contact with a co-parent. Time for raising children can be limited. A term like “parental estrangement” is used to characterize the worst situations. Sometimes one parent will stop their children from talking to the other. You can share the story and discuss how it relates to this issue with your attorney.

Factor ( 11 ): Domestic abuse, whether the child was the target of the violence or witnessed it;

The most challenging and heartbreaking court issues have frequently involved children. abuse of children by family members. It’s possible that parents have a history of treating children unfairly or violently. This abusive power is taken seriously by the courts. The court may find it challenging to hear about your domestic violence experience. Talk about it along with your knowledge and observations. You should also present the children’s facts, experiences, and findings. As a result, setting up a timetable for custody and visitation will be easier for the court. Safety for everybody can be ensured. It’s useful to know how the actions of your abuser influence you and your children.

Factor ( 12 ): Any additional factor the judge deems pertinent.

You are welcome to bring up any issues that are particular to your situation. Typical “additional aspects” notwithstanding the broadness of this factor include:

[a] The unique educational needs or ongoing medical issues of a child.

[b] The desire of siblings to remain together, even step- or half-siblings.

[c] Childcare arrangements, such as the duration of attendance at a childcare center.

[d] Putting the child through emotional strain or involving them in the divorce proceedings.

[e] The parent competing for custody is being financially pressured by the other parent.

The court specifically will not take into account the following “extra criteria”:

[a] Parental race or interracial relationships.

[b] The parents’ gender or sexual orientation. On the basis of gender stereotypes, favoring the mother. (Or, adopting a child from a parent who shares the same gender for that reason).

[c] The child’s and a parent’s biological connection. (A child was conceived via non-traditional reproductive techniques; the child was adopted.)

A parent has the right to request a change to an existing child custody agreement.  A parent can determine there is a good reason to alter current arrangements. Or perhaps that change in the circumstances necessitates a reassessment of custody. The judge reevaluates the best interest factors. It’s done once the relevant requirements have been satisfied. What has changed this time will be taken into consideration by the judge. What is difficult for the child?

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.