Determining the Child’s Best Interests in Michigan Custody Proceedings

 Posted on September 13, 2018 in Family Law

Traditionally, when a couple got divorced, the child was thought to be better off living with its mother for the majority of the time, rather than with its father. Because of that, sole custody was typically granted to the mother and the father was allowed visitation rights. In today’s age, it’s generally thought that joint custody is the ideal situation for children. The Michigan Child Custody Act states that it is important for a child to have a relationship with both of his or her parents, if possible. Child custody can be a hot topic when it comes to divorce, but custody arrangements are always determined with the child’s best interests in mind.

Deciding Factors for Custody Arrangements

Parents are urged to come to a custody agreement on their own, but in the event that they cannot agree, the court must step in and determine the arrangement that is in the child’s best interest. Michigan courts consider the following factors when determining a child’s best interest in custody cases:

• The love, affection and other existing emotional ties between each parent and the child;
• The ability of each parent to give the child love, affection and guidance;
• The ability and willingness of each parent to continue to raise the child in his or her religion, if there is one;
• The ability of each parent to provide the child with necessities, such as food, clothing, medical care and other material needs;
• The length of time the child has lived in a stable environment and the desire of each parent to continue that stability;
• The permanence of the existing or proposed custodial home;
• The moral fitness, and mental and physical health of each parent;
• The home, school and community of the child;
• The reasonable preference of the child;
• The willingness of each parent to facilitate and encourage the child to have a loving relationship with the other parent; and
• Any history of domestic violence that either parent has, regardless of whether or not the child was involved.

Contact an Oakland County Child Custody Attorney

Even though you always want the best for your children, divorce can bring out the worst in people and you may not be able to come to a child custody agreement with your spouse. If you are having trouble coming to an agreement about child custody or you are facing child custody proceedings, you should contact a Farmington Hills child custody lawyer to represent you. You can have peace of mind with Elkouri Heath, P.C. knowing that they will fight for the best interests of you and your child. Call the office at 248-334-9700 to set up a consultation.

Sources:

http://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-91-of-1970.pdf