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

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

One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (c) is .  Best interest of the child factor (c) examines the capacity and disposition of the parties involved to provide the child with food, clothing, medical and other remedial care.  Many parents think that this best interest factor (c) favors the primary wage earner.  After all, the the primary wage earner has more “capacity” to provide a child with food, clothing etc.  However, this is not the case.

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 (c).  Best interest of the child factor (c) examines the capacity and disposition of the parties involved to provide the child with food, clothing, medical and other remedial care.  Many parents think that this best interest factor (c) favors the primary wage earner.  After all, the primary wage earner has more “capacity” to provide a child with food, clothing etc.  However, this is not the case.

Best interest of the child factor (c) does not necessarily favor the primary wage earner because child support and to a lesser extent, spousal support, can level the income playing field and redistributing income to provide both parents with the capacity to provide a child with food, clothing, medical and other remedial care.  Best interest of the child factor (c) also examines more than the financial capacity of a party.  Best interest of the child factor (c) also examines the disposition of the parties.  Disposition describes a person’s inherent qualities of mind and character.

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

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 (c) examines the capacity and disposition of the parties to provide the child with food, clothing, medical and remedial care. 

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

  • Where do you work?
  • What is your salary?
  • How well do you manage money?
  • Who feeds the child?
  • What does your child eat for breakfast, lunch and dinner?
  • Who arranges for the child’s doctor appointments?
  • Does either parent deny medical care for the child?
  • What are the names of the child’s doctor?
  • What is the name of the child’s dentist?
  • What medications is the child currently taking?
  • Who arranges for a baby sitter?
  • What unique qualities of character do you and the other parent have as parents?

The capacity and disposition of the parties involved to provide the child with food, clothing, medical and remedial care is what best interest of the child factor (c) tries to measure objectively.  Therefore, providing specific examples may be paramount in preparing for success.

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.

We provide more information on Michigan divorce law than anyone.

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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By:  Daniel Findling

 

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