Both child custody and parenting time decisions involve an anaylis of the statutory 12 best interest factors set forth in Michigan Compliled Laws section 722.23. One of the best interest factors (factor g), examines the health of the parties.
It makes sense to consider a parents health in deciding a child custody case. After all, if a parent is sick, it may impair his/her ability to care for the child. Such was the case in the recent Michigan Court of Appeals case of Giordana vs. Giordana, dated May 27, 2025.
Jeremy and Jenna Giordana divorce in 2017 with three young children. The parties originally shared custody and parenting time equally. However, sometime in 2022, Jenna unilaterally withdrew the children from public shcool and began homeschooling, impairing Jeremy’s ability to pick the kids up from school for parenting time.
After Jeremy filed a motion to enforce parenting time, Jenna requested he first undergo a medical examination. Jenna’s argument was both simple and convoluted. Jenna argued that since the health of the parties is a relevant best interest factor. Jeremy should be examined because he has genetic markers for a rare, fatal brain disorder which can cause significant mental health issues.
The trial court heard evidence from two neurologists and Jeremy’s primary care physician and conculuded that an examination was unwarranted because Jeremy had no symptoms of the disease.
Michigan Court Rule 2.311, dictates when a trial court can order a medical examination to determine the health of the parties. The examination is called an independent medical examination and which is often used in personal injury cases. However the Court Rule gives the trial court discretion, requiring good cause be shown prior to ordering an Independent Medical Examination and in the case of Jeremy Giordana no good cause existed because he had not exhibited any symptoms of having the disease.
The Michigan Court of Appeals upheld the trial court’s determination to deny the inquiry as to the health of the parties and denied the request for an independent medical examination because no good cause existed.
The court also noted that Jenna Giordana also contaced Child Protective Services with allegations of abuse which were never substantiated. Simply put, it appears Jenna was trying to misuse the fact that Jeremy had a genetic marker for a rare disease to prevent him from exercising parenting time.
The use of an Independent Medical Examination in divorce is uncommon, however, our office has done so on many occassions to access the health of the parties, typically when concerns regarding the mental health of a party is at issue, such as when a parent stops taking prescribed mental health medication.
The health of the parties is a relevant best interest factor in a child custody or parenting time determination, but it is not a free ticket to conduct an Independent Medical Examination unless good cause exists to do so.
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By: Daniel Findling (c) 2025.
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