In custody disputes, what do courts look for? There may be a general belief that a custody dispute is the result of two parties smearing one another, with the court siding with the person who has been least successfully discredited. The criteria a judge uses to decide custody disputes are set forth in statutes.
Click here to watch the video on What Do Judges Look For in Custody Cases in Michigan?
The court in Michigan considers a number of factors while deciding custody disputes, and each one revolves around the child’s best interests. The judge will not be focusing on the attempts of the parties to disparage one another when presiding over the case in the best interest of the child. Which parent can better serve the child’s interests will be the deciding factor in any dispute.
Judges are asked to determine who will make decisions for a child and when the child will be with each parent in custody cases. When parents in custody disputes cannot agree on visitation schedules, the judge is required to make these decisions. However, if the parents in a custody dispute choose to collaborate, they can decide on a custody arrangement with the aid of their attorneys, the Friend of the Court Office, and/or the mediation process. By filing the necessary documents, parents can freely use the court system to acquire or alter custody.
What’s the Difference Between Sole and Joint Custody?
In a custody dispute, it is more about your ability to care about your child’s best interests than it is about you vs the other spouse. Therefore, you actually don’t need to do anything to defend yourself against a divorce complaint. Michigan is a “no-fault” divorce state. You don’t need a reason to be divorce. However, it’s probably something you should think about if you’re talking about child custody.
The power to enforce different custody arrangements rests with the judge. If both parents consent, the judge can sign the court order establishing the custody arrangement if the judge believes it is in the child’s best interests.
Sole Custody
Sole custody is not a term with a defined legal meaning. When one parent receives both primary physical custody and main legal custody, the Michigan Custody Guideline states that the parent is the sole custodian. If a parent is responsible for their child’s care the majority of the time, they have physical custody. When a parent is granted legal custody, they are in charge of making all significant choices for the child’s upbringing, including those involving their health care, education, religious upbringing, and involvement in extracurricular activities.
If the judge determines that the parents are unable to work together for the benefit of the child, sole custody is often given to one parent. In such cases, the court will provide the other parent visitation rights. The non-custodial parent is in charge of making important decisions for the child on a daily basis when parenting time is allowed.
Joint Custody
The court must consider granting shared custody if either parent asks for it. Unless the court finds that joint custody is not in the best interests of the child, joint custody must be granted if the parents agree to it. Judges must provide written justifications for their decisions, whether they approve or deny the request. Without a parent’s request, judges may take into account joint custody.
Judges must consider the parents’ ability to cooperate and generally come to an agreement on important matters affecting the welfare of the child while deciding whether to grant joint custody. According to the definition of joint custody in the legislation, joint custody may be either joint legal custody, joint physical custody, or a mix of both.
There are a variety of custody agreements that parents can choose from or that a judge might impose. The parents must be informed of joint custody in custody disputes, nevertheless. When a parent asks for shared custody, the court must take that request into consideration and must explain the decision during a hearing. If joint custody is best for the child, the judge must make that determination. The judge may grant joint custody and share the child’s time evenly between the two parents. The judge may, however, grant joint custody and not equally divide the child’s time between each parent.
Before all the custody arrangements, the court still needs to get a handle on what is currently the child’s established custodial environment.
What Is the Established Custodial Environment of a Child?
The law states that child custody arrangements should not be changed as much as possible. The judge will always inquire about the child’s established custodial environment or ECE with either one or both parents to avoid any misunderstandings. If so, further information would be required before a judge could alter the current situation.
Understanding the interaction between the established custodial environment and the burden of proof is essential for efficient preparation in any Michigan child custody dispute. It is the duty of the parent seeking to establish or change the kind of custody assigned to each parent to demonstrate that a stable home environment exists. You can be sure that the other party is keeping track of it if you are unable to offer ECE. It might be used against you in a custody dispute.
When deciding whether an ECE exists, judges take the child’s life circumstances into account. Does one (or both) of the parents provide for the child’s needs, such as love and affection, food, housing, and other necessities? Is the child old enough to have spent a considerable amount of time in the current setting?
If the judge determines that an ECE exists, the party requesting its modification must prove with overwhelming and convincing evidence that the modification is for the child’s best interests.
The side that can prove, by a preponderance of the evidence, that the proposed custody arrangement will be in the child’s best interests will prevail if the judge finds that there is no ECE.
What Are the Best Interest Factors Used in Custody Determination?
If the parents are unable to agree, the judge will make custody and parenting time decisions based on the child’s best interests. The court must use the following 12 factors while applying this legal test:
- Factor (a): The child and the parties concerned are emotionally attached through love, affection, and other relationships;
- Factor (b): The capability and disposition of the parties concerned to continue the child’s education and upbringing in his or her faith or creed, if any, and to show the child love, affection, and direction;
- Factor (c): The ability and willingness of the parties involved to meet the child’s requirements for food, clothes, and medical treatment or other remedial care permitted by this state’s statutes in lieu of medical care;
- Factor (d): How long the child has resided in a dependable setting and the need of maintaining continuity;
- Factor (e): The continuity of the proposed or actual custodial home(s) as a family unit;
- Factor (f): The moral standing of the parties involved;
- Factor (g): The parties’ physical and emotional wellbeing;
- Factor (h): The child’s history, school, and community;
- Factor (i): The child’s reasonable preference if the judge determines that the child is mature enough to express a preference;
- Factor (j): A close and ongoing parent-child interaction between the child and the other parent or the child and the parents is encouraged and supported by each of the parties. Any reasonable action taken by a parent to safeguard a child or that parent from sexual assault or domestic violence by the child’s other parent may not be viewed unfavorably by the judge for the purposes of this factor;
- Factor (k): Domestic abuse, whether the child was the target of the violence or witnessed it;
- Factor (l): Any additional factor the judge deems pertinent;
At the hearing on custody and parenting time, each parent will have the opportunity to present information about the best interests factors outlined above.
The court may not be required by law to weigh each factor equally when assessing what is in the best interests of the child. The judge determines how much weight to give each factor.
You should read up on child custody starting with our article, “What Evidence Can Be Used In A Custody Battle In Michigan?” where we talked about the things that can get you in trouble with the judge in custody cases. It mentions the twelve best interest factors and the child’s established custodial environment the court uses to determine which parent gets to have custody of children.
A judge must weigh the established custodial environment (ECE) and the child’s best interests while determining custody. The best interests of the child must be taken into account while deciding on parenting time.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.