How Do Judges Make Custody, Parenting Time, and Guardianship Decisions?

In Lenawee County, custody, parenting time, and guardianship decisions involving minor children are guided by the “best interests of the child” factors. These 12 factors help judges make informed choices in cases concerning custody, parenting time, and minor guardianships.

If you’re seeking to change custody or parenting time, start with the articles Changing a Custody Order and How a Judge Decides a Motion to Change Parenting Time. Judges follow a specific process in these cases, and the best interests factors will only be considered after some initial decisions. This article outlines the factors judges evaluate, but it doesn’t cover everything you need to request changes in custody or parenting time.

For more on custody and parenting time, read Overview of a Michigan Custody Case and Custody and Parenting Time.

The “Best Interests of the Child” Factors

Judges use 12 factors to determine what custody, parenting time, or guardianship arrangements are in the child’s best interests. Here’s an overview of each factor with sample questions judges might ask. Although each factor is crucial, judges don’t have to weigh them all equally. Some factors might be more significant in your case. Judges must consider and decide on each factor.

Factor (a). The love, affection, and other emotional ties existing between the parties involved and the child:

• Who is the child bonded with?
• Who does the child go to with a problem?
• How does each parent relate to the child?
• How much time does each parent spend with the child daily?
• How often does each parent handle meals, bathing, bedtime, and reading stories?
• Are parents able to prioritize their child’s needs over their own?
• How affectionate is the child with each parent?

Factor (b). The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue educating and raising the child in the child’s religion or creed, if any:

• Who stays home from work if the child is sick?
• Who manages school and homework issues?
• Who handles sports and other activities?
• How does each parent discipline the child?
• How does each parent communicate with the child?
• How often does each parent involve the child with extended family?
• Who takes the child to religious events (if applicable)?

Factor (c). The capacity and disposition of the parties involved to provide the child with food, clothing, and medical care or other remedial care recognized under the laws of this state in place of medical care, and other material needs:

• Who buys clothes, toys, and food for the child?
• Who attends to any special needs of the child?
• What is each parent’s earning capacity?
• Who has flexible work hours?
• How stable is each parent’s job?
• Who can provide health insurance for the child?
• Who schedules and attends doctor’s appointments?
• Who arranges for childcare?
• Is a child support order being followed? If not, how are the child’s needs being met?

Factor (d). The length of time the child has lived in a stable, satisfactory environment, and the desirability of continuing it:

• Who provides a stable, secure, and safe home environment?
• Who can provide more stability for the child?
• Has either parent moved recently, and how has the child adjusted?

Factor (e). The permanence, as a family unit, of the existing or proposed custodial home or homes:

• Who is in each parent’s family unit?
• Will the child live with siblings or half-siblings?

Factor (f). The moral fitness of the parties involved:

• Has either parent engaged in behavior that negatively affects their parenting skills (e.g., extra-marital affairs, substance abuse, criminal records)?
• How have these behaviors impacted the child?

Factor (g). The mental and physical health of the parties involved:

• Does either parent have health issues that significantly interfere with their ability to care for the child?

Factor (h). The child’s home, school, and community record:

• How does each parent support and encourage school attendance?
• Who attends school conferences and activities?
• Who ensures the child maintains social relationships?
• Who supervises home responsibilities like chores and homework?

Factor (i). The reasonable preference of the child, if the judge considers the child to be old enough to express a preference:

• The judge decides if the child is mature enough to express a preference. The child’s preference will be kept confidential.

Factor (j). The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents:

• How will each parent adhere to the parenting time schedule?
• Does either parent criticize the other in front of the child?
• Will each parent encourage the child’s relationship with the other parent?

Factor (k). Domestic violence, regardless of whether the violence was directed against or witnessed by the child:

• Has either parent been threatening or abusive?
• Has there been a pattern of domestic violence?

Factor (l). Any other factor the judge considers relevant:

• How does each parent address the child’s special needs?
• Has either parent threatened to kidnap the child or missed scheduled visits?
• Are there significant others or new spouses whose relationship with the child is relevant?
• Will the child be separated from siblings?
• How far apart do the parents live, especially regarding parenting time schedules?

 

Judges carefully evaluate these factors to make custody, parenting time, and guardianship decisions. If you need legal assistance or further information, consider contacting local family law professionals. For guidance specific to Lenawee County, explore resources like the Friend of the Court or local legal aid services. If you’re facing a custody or parenting time issue, seeking professional legal advice is beneficial.

Source: MichiganLegalHelp.com