Custody in Michigan – Best interest of the child factor (d)
One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (d). Best interest of the child factor (d) examines the length of time a child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity. Best interest factor (d) can be summed up as the “stability” factor with a goal of limiting the disruption to a child.
The best interest of the child factor (d) is also important in a parenting time case. Both the Child Custody Act and the Parenting time statute looks at the best interest of the child.
So how can a court examine best interest of the child factor (d)?
Like every best interest of the child factor, Michigan divorce and Michigan custody lawyers, the Friend of the Court and judges ask questions. Best interest of the child factor (d) examines how stable or satisfactory is the environment.
Sample questions regarding the best interest of the child factor (c) include:
- Where does your child live?
- Describe the home?
- Is the home in a safe neighborhood?
- Is the home clean?
- Who lives in the home with the child?
- What are your plans in terms of moving?
- Where does the child’s friends reside?
- How long has the child lived in the home?
- Where does the child sleep in your home?
- How does your child adapt to change?
The length of time a child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity are important considerations in determining what is in a child’s best interest. Best interest of the child factor (d) tries to measure this objectively. Therefore, providing specific examples may be paramount in preparing for success.
When preparing for a custody in Michigan case or parenting time case, preparation is key. Since every custody in Michigan case is unique having an understanding of the law related to custody in Michigan is paramount. We can help.
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By: Daniel Findling