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Custody in Michigan – Best interest of the child factor (b)

Custody in Michigan – Best interest of the child factor (b)

One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (b).  Best interest of the child factor (b) examines the capacity and disposition of the parties involved to give the child the love, affection, guidance, and continuation of educating and raising of the child in its religion or creed, if any.  At first glance, most parents feel that they are equal on best interest of the child factor (b) and many are.  After all most parents feel that they can provide a child with love, affection and guidance.  However, best interest of the child factor (b) also involves education and religion.  Examining how a child is doing in school? Parental involvement in school or religion will often favor one parent over the other.

So how can a court examine best interest of the child factor (b)?

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 (b) examines the capacity and disposition of the parties involved to give the child the love, affection, guidance, and continuation of educating and raising of the child in its religion or creed, if any.

Sample questions regarding the best interest of the child factor (b) include:

  • What classes does your child take?
  • Who are the teachers?
  • Who goes to parent teacher conferences?
  • Who helps with homework?
  • How is your child’s attendance?
  • How are your child’s grades?
  • How do you show the child love and affection?
  • How does your spouse show the child love and affection?
  • What kind of activities do you share with the child?
  • How much time is spent with each activity?
  • How do you discipline your child?
  • How does your spouse discipline your child?
  • What are your positive and negative points of your parenting skills as you see them?
  • What are the positive and negative points of your spouse’s parenting skills as you see them?
  • What are the rules of your home?
  • What are the rules of your spouse in his/her home?
  • Have you ever been abusive towards the child?
  • Has your spouse ever been abusive towards the child?
  • What is both your and your spouse’s religion?
  • Do you and your spouse feud over the religious upbringing of your child?
  • Who feeds the children?
  • Who bathes and dresses the child?
  • How do you teach your child manners?
  • Describe a typical day with your child?
  • Is there anything about yourself that could affect your ability to give love, affection and guidance?  How about your spouse?
  • Do you attend religious services and events with your child?

The capacity and disposition of the parties involved to give the child the love, affection, guidance, and continuation of educating and raising of the child in its religion or creed, if any is what best interest of the child factor (b) tries to measure objectively.

When preparing for a custody in Michigan 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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Change is rarely easy, sometimes complicated and often emotional.   Let a Michigan divorce attorney experienced in family law help you.  We utilize a team approach to focus on solutions by applying Michigan law properly.  We specialize in helping you focus on your goals, protect your property interests, manage your custody and support interest, and keep you happy in life’s most difficult circumstances.

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