Child Custody – Best Interest of the Child
Michigan uses a specific legal standard for determining child custody in most cases. This legal standard is known as “Best Interest of the Child.” As the name suggests, this means custody is awarded to the parent or guardian whom the court determines would best serve the child’s needs. The subjective nature of this means that it is vital for individuals to present their case in the best light possible in order to retain custody of their child or children.
If you are in need of legal assistance regarding child custody or as part of determining the best interest of the child, please contact our office today to see how our expert attorneys specializing in child custody can help.
How Best Interest of the Child is Determined
Best interest of the child is defined in the Child Custody Act of 1970 and is determined by the sum total of multiple factors to be considered, evaluated, and determined by the court. It should be noted however that the judge does not simply tally up the scores for each parent and declare a winner. Certain factors may be given more or less weight than others, in addition to the totality of circumstances involved in the case.
Legal form used to establish child custody in Michigan
A Michigan court will look to the following things, which are laid out in MCL 722.23:
(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.
Situations Where This Standard Applies
Trial courts are required to make “best interests” findings of fact in each of the following circumstances:
- When a parent seeks to terminate a full minor guardianship
- When a parent or the parent with right to custody seeks to terminate a limited minor guardianship and the parent has not substantially complied with the limited guardianship placement plan
- When the court, following a review if it is in the best interests of the minor child, decides to terminate the guardianship
- Parenting time requests
- Requests for removal of a guardian
- Custody and parenting time decisions.
The probate court has jurisdiction and the family division of the circuit court has ancillary jurisdiction over the first five circumstances; the family division has jurisdiction over the sixth.