How to make a determination as to the best interest of the child in a divorce case.

When filing for divorce there are many important decisions besides who will get what property that will have to be made so you will want a good Michigan divorce attorney.  One of the major decisions includes the placement and custody of the children. If the parents are not able to come to an agreement as to this issue, the court will make a determination, it must weigh whether its decision will be in the “best interests” of the child.

 

Best Interests of the Child

 

The state of Michigan has a statute that requires that the child’s best interests be considered whenever specified types of decisions are made regarding a child’s custody, placement, or other critical life issues.  Having a Michigan divorce attorney will be beneficial in helping to determine such factors

 

The goal of a Michigan divorce attorney is to help parents resolve their legal issues without having to leave that decision up to the court.  In any custody conflict it is crucial that you not lose sight of the importance of making decisions in the best interest of your children.  The choices you make now will affect your children’s development, as well as your relationship with them.

 

The 12 Factors when determining the “Best Interests of the Child”:

 

(1) The love, affection, and other emotional ties existing between the parties involved and the child.
(2) 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.

(3) 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.

(4) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(6) The moral fitness of the parties involved.

(7) The mental and physical health of the parties involved.

(8) The home, school, and community record of the child.

(9) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(10) 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.

(11) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(12) Any other factor considered by the court to be relevant to a particular child custody dispute.

 

Looking for the Best Wayne, Macomb or 

Oakland County Divorce Attorney?

 

Please feel free to contact our office if you are looking for a good divorce attorney.  Although LEWIS & DICKSTEIN, P.L.L.C. does not handle family law cases, we work with the top divorce, custody, child support and family law lawyers in Michigan. One of our attorneys will be happy to speak with you directly and help you find the right Michigan Family Law Lawyer for you.