Custody in Michigan – Best interest of the child factor (f)
Best Interest of the Child Factor :
One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (f).
Best interest of the child factor (f) examines the moral fitness of the parties. Best interest factor (f) can be summed up as is the party morally fit? Moral fitness is difficult to examine because it is subjective. Not everyone has the same moral code. For example, it may seem immoral to introduce a child to a boyfriend or girlfriend for a period of time after a divorce. However, the court of appeals has ruled that a court cannot impose its own moral code on parties.
The best interest of the child factor (f) 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 (f)?
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 (f) examines the moral fitness of the parties.
Sample questions regarding the best interest of the child factor (f) include:
- What does morally fit mean to you?
- Have you ever used illegal drugs?
- Do you drink alcohol? around the child?
- Has there ever been allegations of abuse?
- Does a parent have a criminal history?
- How is the parent’s driving record?
- Are you having an affair?
- Do you ever use foul language around the child?
- What are your strengths (the other parents strengths) with regard to moral fitness?
- What are your weakness (the other parents weakness) with regard to moral fitness?
As with every best interest factor, 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