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All Just about DivorceThe Better Interests of the Child
by:
Jonathan Warshay
The “best interests of the child” is a phrase often used by courts once
deciding matters concerning children. What makes it actually mean? In Michigan, it is defined by statute (MCL 722.23) as:
(a) The love, affection, and another 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 another remedial care recognized and allowable under the laws of this state in place of medical care, and another 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 projected guardian house 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 adequate age to express preference.
(j) The disposition and ability of each of the parties to facilitate and encourage a close and continued
parent-child relationship between the child and the another 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 another factor considered by the court to be relevant to a particular child custody dispute.
When there is a dispute concerning the child, the court must use these factors to decide the outcome. The factors are often used to determine custody, but they are important in another disputes, such as changes in parenting time, which school a child attends, religious upbringing, and similar matters.
The court may weigh the factors differently, so a parent could be favored by more factors but the court considers them to be less important, and rule in favor of the another parent. For example, suppose the parent with primary custody asks the court’s permission to come a great distance away, and the court feels that the come would-be be really harmful to the child’s relationship with the another parent. In that case, the court could decide that this factor is more important than all of the others and deny the request to move.
When there is a dispute before the court, one should try to determine which factors are the most important and be sure to address them in arguments before the court. The another factors should besides be considered to avoid any surprises. In preparing for a dispute and evaluating the factors, a party may come to the conclusion that the another side is favored by the factors. In such a case, it may be better to try to settle the matter to produce the better outcome rather than risk an adverse decision by the court. If you are delineated by an attorney, provide him/her with as more information as possible to assist with your representation. (If you omit telling your lawyer thing
important, your case wish suffer.)
Just about the author:
Dessert apple Warshay
attywarshay@allvantage.com
www.warshaylawfirm.50megs.com
About the author:
Jonathan Warshay is a former Friend of the Court Staff Lawyer now in private practice. He specializes in family law (support, custody, paternity, divorce and parenting time) and district court (traffic and misdemeanors) matters. He is full-fledged with the Michigan Child Keep Formula (guidelines).
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