There is so much confusion around how child custody is determined that it can leave people apprehensive and confused. Knowing how the court determines custody can help remove the fear and give you an idea of what to expect. One thing to remember is if you are attempting to get primary custody, it may be tricky because courts prefer joint custody.
The Best Interest of the Child is the standard that courts use to help determine custody decisions.
The bar is meant to help protect the child’s mental, emotional, and physical well-being and ensure they get the best possible upbringing. So What factors determine child custody?
The factors that the court uses vary. However, the same principles apply almost everywhere. There are 12 principles that are commonly used to determine custody, such as the child’s age, primary caretaker, parent-child relationship, and many others.
During child custody cases, the court isn’t interested in what the parents want but what is best for the children. Most often, it’s in the child’s best interest to have a close relationship with both parents. However, there are times when one or both parents cannot properly care for the child, and that’s when the court will need to evaluate what’s in the child’s best interest. Below we’ll go over and explain four of the main factors that help determine child custody.
Parents Living Situation
The court will look at each party’s living situation, the length of time the child has lived there, and if it’s a safe place to grow up. Courts don’t like to throw too much change on the child because divorce is already a traumatic situation, and it’s typically not good for kids.
Another thing the court will look at is how supportive the family environment is. If one party doesn’t have any support structure, they may be penalized. They want to know who will live with the child in each home and with any siblings or half-siblings.
Which parent is willing to support the other’s relationship with the child(ren)
No matter the reason for divorce, it’s essential for the child to have a good relationship with both parents. The court will presume that each parent has the right to see and spend time with each parent. It’s the court’s job to help determine how often and where the visits should take place. Even when the child doesn’t go, one parent needs to make the child go for the relationship.
Things the court will ask to help make this determination
● How each parent will work with the schedule of the other
● Does either parent talk badly about the other
● Will each parent, the child, have a good relationship with the other.
Parent’s relationship with the child(ren) before divorce
Sometimes a child will build a stronger bond with one parent than the other. This could be because one is home more often or for different reasons. The court will look at the emotional ties to help determine which living situation is best. The court will focus on deciding which parent the child looks to for love and comfort, and at times, depending on the child’s age, they will ask them which parent they want to live with.
Parent’s ability to provide a safe home and adequate food, clothing, and medical care
The court needs to determine each parent’s ability to provide childcare, food, clothing, and other necessities. Basically, they want to know that the parent will care for the child, make sure they have a home, and provide the child with positive experiences.
The Moral Fitness of Each Party
While the court doesn’t focus on immoral actions, they will look at how each party’s actions affect their parenting ability. For example, does one parent become violent or commit criminal acts. They need to determine that would negatively affect the child. If there’s clear evidence of abuse or neglect, the court will limit the parent’s contact with the child or suggest supervised visitation. They don’t look at behaviors such as if one party allows a male or female to spend the night.
Making the Best Overall Decision
To help the court make this decision, each party should keep a record of parenting time, medical expenses, and any other information that may assist the court in making the determination. The best thing for the child is to make things as smooth as possible to help them deal with the changes.
When it comes to child custody, many issues come into consideration and having an experienced divorce and family law attorney makes all the difference in an optimal result. Our divorce and family law firm in Jackson is committed to providing expert representation and guidance backed with over 60 years of experience in Michigan divorce laws including child custody.
We handle all aspects of legal issues pertaining to child custody including sole, joint, termination and adoption, as well as grandparents’ rights. Call today for a Free Consultation and get the protection you and your family deserve!