Child custody is a complicated topic in Michigan and anywhere else in the world. When you get divorced in Michigan and have minor children, child custody can be a tricky problem.
With that, it is essential that you know about your rights and that you have the right team for you. The divorce lawyers at Haque legal will can handle your divorce needs perfectly.
First, let us talk about the child custody law in Michigan and the exciting things about this law.
Michigan Child Custody Act
The Michigan Child Custody Act of 1970 is the law that governs the rights of parents and children in case of a divorce. The Act covers every piece of information about child custody that aims to protect the child’s best interests. Let us look at what this means.
What does “best interests of the child” mean?
722.23 of the Michigan Child Custody Act defines the “best interests of the child.” According to the law, it means the total of the twelve listed factors to be considered, evaluated, and determined by the court.
- “The love, affection, and other emotional ties existing between the parties involved and the child.” The first important factor determining a child’s best interest in case of a divorce in Michigan is the emotional connection between the love and affection between the parents and the children. Above any of the considerations that the courts would consider, it is the best interest of the child emotionally that matters. The court would often consider who the child is closer to and who has been taking care of the child since the beginning.
- “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.” The next important factor is the parties’ capacity and disposition to give their children what they would need while growing up. This would include the love and guidance and whether there can be continuity in the education of the child and the religious disposition of the parties.
- “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.” After looking at the emotional ties and the capacity of the parties to bond with the child it is very important to also look at the financial capacity of either of the spouses to provide what the child would need. The best interest of the child, according to Michigan law, would also consider the financial aspect of their parents.
- “The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.” As much as possible the courts would want the children to continue living their lives in the environment that they are used to. Especially when it comes to minor children, the importance of putting down roots and having a stable environment is a primary consideration for custody to be granted to either of the spouses.
- “The permanence, as a family unit, of the existing or proposed custodial home or homes.” It is important for the children to feel that they are still a member of a family despite their parents’ separation. The permanence of the home that they would continue to live in is an essential factor in determining the custody of the children.
- “The moral fitness of the parties involved.” It is also important to look at the moral fitness of the spouses not to judge them but to determine which one of them would be able to provide proper guidance for their children. The no-fault divorce in Michigan only applies to the parties but the judge and the court will have to determine whether a party who has caused the breakdown of the marriage is even remotely morally fit to guide a child while he is growing up.
- “The mental and physical health of the parties involved.” If you are not in excellent physical health and your mental health is in tatters, you should expect that the court would not be leaning towards giving you the physical custody of your children. The parties need to prove that they are physically and mentally able to raise children and stability is important on this end.
- “The home, school, and community record of the child.” It is also important to look at the current environment that the child is used to and this is the primary reason why the home, the school, and the community record of the child forms part of the factors that affect his best interests.
- “The reasonable preference of the child, if the court considers the child to be of sufficient age to express a preference.” The court will also consider the preference of the child if he is already of the right age to make an express declaration.
- “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.” As already discussed in other articles, parenting time with other parents who may not get physical and legal custody of the child is important in the state of Michigan. Hence the willingness of each of the spouses to continue and encourage the relationship between the other spouse and the child is also part of the consideration.
- “Domestic violence, regardless of whether the violence was directed against or witnessed by the child.” Any record of domestic violence directed towards the child or that has been experienced and witnessed by the child first-hand will be against the parent who committed the domestic violence.
- “Any other factor considered by the court to be relevant to a particular child custody dispute.” Any other factor that the court considers as relevant and affects the well-being of a child is also taken into account.
Let Haque Legal Help You With Your Child Custody Case
Now that you know some facts about child custody and the child’s best interest, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you get child custody in Michigan, it is essential to know that you also have a team of Southfield child custody attorneys that can help you out with your specific needs. Our law firm is dedicated to making sure that the law will protect those who are innocent and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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Call us immediately if you need a lawyer to help you during your Southfield divorce proceedings. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.