Child Custody and Visitation Factors

In Michigan, Courts are required to decide custody of children only in the best interest of the child.  Evidence is presented on the questions as to which party is in the better position to provide a better home environment.  Factors which are considered are:  

 

1. The love, affection and other emotional ties existing between the competing parties and the child;
2. The capacity and disposition of competing parties to give the child love, affection and guidance and continuation of the educating and raising of the child in its religion or creed, if any;
3. The capacity and disposition of competing parties to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this State in lieu of medical care, and other material needs;
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
5. The performance, as a family unit, of the existing or proposed custodial home;
6. The moral fitness of the competing parties;
7. The mental and physical health of the competing parties;
8. The home, school, and community record of the child;
9. The reasonable preference of the child, if the Court deems the child to be of sufficient age to express preference;
10. The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent;
11. Whether any party was found to have been the source of domestic violence within the marriage;
12. Any other factor considered by the court to be relevant to a particular child custody dispute.

 

If parties agree to custody and visitation of the children, it is very sure that a Court will not replace its opinion for the parents.

 

However, if there is a dispute, our job, as your attorney, is to present evidence to the Court to persuade and convince the Judge that it is in your child or children’s best interest that they reside with you.  

 

Child Support

 

In Michigan, the amount of child support is determined by essentially the following:  

 

• What the parties agree to, or
• The amount of income of the parties.
• The time that the child or children reside with a parent.

 

The state has guidelines which are significant considerations of the Court to set the level of child support along with the consideration of the above considerations, and the actual income of the parties.  We will help you understand the proper child support levels.