Custody in Michigan – Best interest of the child factor (e)
One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (e).
Best interest of the child factor (e) examines the permanence, as a family unit of the proposed custodial home or homes. Best interest factor (e) can be summed up as the “home environment” factor with a goal of providing a safe, stable, residence for the child.
The best interest of the child factor (e) 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 (e)?
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 (e) examines the proposed home environment.
Sample questions regarding the best interest of the child factor (e) include:
- Where is your home located?
- Does the child have his/her own room?
- What is the neighborhood like? Is it safe?
- Is the home clean?
- Who will live in the home with the child?
- What are your plans in terms of moving?
- Where do the child’s friends reside?
- How many times have you been married?
- Do you have any plans to remarry?
- Where will the child sleep?
- How long has the child lived in the home?
- Where does the child sleep in your home?
- How does your child adapt to change?
- How do you feel the child perceives the family unit?
- Does your child have friends in the neighborhood?
There is some overlap between best interest of the child factor (d) which examines the length of time a child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity and best interest of the child factor (e) which examines the permanence of the family unit of the existing or proposed custodial home or homes. 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