If you are contemplating a divorce here in Michigan, it’s natural to wonder what factors the court is going to consider as it makes decisions about the custody of your children. Talk with a child custody lawyer in Detroit, MI right away to get specific and detailed advice on what’s most likely to happen in your case.
From a Child Custody Lawyer: What Factors Are Considered in Detroit, MI Child Custody Decisions?
The overarching goal for the courts in Michigan when determining child custody is always what’s in the best interest of the child. It’s very important to talk with a family law attorney quickly to get specifics for your case, but in general, the following are the most important factors that the court considers:
1. Existing Ties
Who is the child closest to, and if the child has a problem, which parent do they tend to want help from? On the parents’ side, how much time are each of the parents spending with the child in a given day or a week, and how does each parent relate to the child? The court will look at whether the parents are showing affection and if they seem to have the ability to separate their child’s needs from their own and prioritize the child’s needs whenever necessary.
2. The Capacity of a Parent to Nurture and Guide Their Child
This next factor goes beyond basic care and considers how a parent is equipped to promote their child’s thriving and development as they grow up. For example, they will look at whether a parent is taking an active interest in their child’s schooling and homework and keeping in contact with teachers. If a child is sick, which parent tends to stay home from work and why? If the child is involved in extracurricular activities, which parent is taking an active interest in these by attending games or plays or concerts?
Discipline is another issue here. Children, especially young children, are very likely to express a preference for spending time with a parent who lets them do whatever they like or who is “fun.” The family courts are much more mature than a child and know that discipline and structure are very important. They will look at the discipline styles of both parents and which one is most conducive to helping the child grow up well. They are also interested here in which parent is encouraging the child to be involved with other relatives, such as grandparents, and taking an interest in the child’s spiritual or community development, whether that is through religion or not.
3. A Parent’s Ability to Provide
This factor is a combination of both financial ability and intention to provide. The question is which parent is best able to care for the child’s physical, medical, and other material needs? If a child has special needs, who is most involved in caring for them? Which parent has the greater earning capacity, and which parent has the most flexibility when it comes to their working hours? Who tends to buy the child’s clothes and food? Who makes doctor’s appointments, and who takes the child to those appointments? If there is childcare, which parent sets it up and keeps track of childcare workers to make sure the child is safe and well provided for?
4. Which Parent Offers a Stable Environment
The court will look at where the child has been living and for how long. If one of the parents has already been providing a stable and secure environment, and the child has been in that environment for a while (for example, if the parents separated for a few years before seeking a divorce and the child lived primarily with one of them), the court will be inclined to continue that arrangement, all other things being equal.
5. Family Units and Relationships
The court recognizes that a child’s family unit often includes more than just parents. There may be siblings or half siblings, cousins, grandparents, and other relatives living in the home or immediately adjacent. Depending on the relationship the child has with these extended family members, the court will often be inclined to preserve the family unit as much as possible.
6. The Moral Fitness of the Parents
“Moral fitness” refers to the behavior of the parents, and while the most important issue here is how the parent has behaved towards the child, it also matters how one parent treats the other. If, for example, one of the parents had an affair and did so openly, so that their child was aware of the betrayal, the court may see this as a lack of concern for the child’s well-being. Obviously, if one of the parents has been abusive either towards the child or the other parent, or if one of the parents is addicted to alcohol or drugs, the court will consider these factors, as well.
7. The Health of the Parents
Another important factor is the overall health of both parents, including their mental health. The real question is whether there is any physical or mental problem that could make it difficult for one of the parents to properly care for their child.
8. The Ability to Provide Consistent Home, School, and Community Life
Here, the court is considering, for example, which parent encourages their child to stay in school and do well. They’ll also look at which parent is interested in helping their child develop and maintain healthy friendships with their peers. The court also considers whether the child is being given any responsibilities at home, like chores, and whether these are consistent and good for the child. Involvement in community, church, synagogue, or other public events will also be considered.
9. The Child’s Preference
As long as the child is over 12 years old, the courts will take their preferences about who they would like to live with into account. The court may ask younger children their preferences, too, but the older and more mature the child is, the more weight their preference will carry. The judge will speak to the child privately, and if the child can articulate mature and healthy reasons for preferring one parent over the other, this will be an important factor. The judge will not reveal the child’s preference to either parent or their lawyers, and, no matter how old the child is, the child’s preference alone is never the deciding factor.
10. The Parent’s Attitude Towards the Other Parent
Unless there are extenuating circumstances, such as abuse, the court will want both parents to be involved in their child’s life. Therefore, it matters if a parent shows a willingness to cooperate and facilitate a close relationship between their child and the other parent (and potentially the other parent’s family, as well).
11. Domestic Violence
Obviously, if there has been any domestic violence, either against the child or seen by the child, this will be a serious factor for the court to consider. This includes not just physical violence but also verbal abuse, threats, and emotional abuse.
There are more factors that a judge can consider, but these are the most important. For help with your case, reach out to us now at Woodford Sathappan McGee in Detroit, MI.
