Michigan Child Custody State Law
M.C.L.A. See. 25.312(3, 5); M.SA Sees. 722.23.
In custody cases, the best interests of the child control. The court will consider: whether parents provide the child with love, affection, and guidance and continuation of the education of the child in its religion or creed, if any, the ability and
willingness of the parents to provide the child with food, clothing, medical care or other care and other material needs; the length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity; the permanence as a family unit, of the existing or proposed custodial home or homes; the moral fitness of the parties involved; the mental and physical health of the parties involved; the home, school, and community record of the child; the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; 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; domestic violence; and any other relevant factor.
Fathers Rights Blog | Child Custody State Law List .. Above info from a 2004 legal publication.
No lawyer-client relationship established by viewing this information. We do our best to be accurate, but, no guarantee of accuracy is made.
Comments
Comment from Janee
Time: April 18, 2008, 1:24 pm
I am taken aback by the bias of the law as it pertains to child custody and child support. My husband is required by the Court to provide for 80% of my step daughters medical and other support needs. However, he has no custody and limited visitation which the child’s mother regulates at her convenience. Can you help me understand how the law can require anyway to maintain financial responsibility but have not even the option of joint custody?
I’ve been on both sides of this scenario. I have a 20 year old son. His dad was a deadbeat and did not pay his child support. However, I was more concerned with my son having some type of relationship with his dad because I knew it was important to him (my son) and his best interest was more important that my own personal feelings and desires. I was quite capable of maintaining financial responsibility for my son, so my interest in the money was limited. I’ve always just wanted what was best for my son.
My husband and I have a 1 1/2 year old and his daughter (my step daughter) is 7. We love both of our girls the same and we just want what is best. Is there any chance that we can get joint custody and have his daughter stay with us 50% of the time?
I won’t get into all of the details, however, I want to mention that her mother uses State assistance. My stepdaughter has missed 20 days of school this year and has been tardy 15 times. Her grades are good, but they won’t continue this way if something doesn’t change. My husband and I both work and are able to attend to all of the needs of his daughter. There’s much more, but I just wonder based on the factors stated above if we have any chance of getting joint custody with physical custody during the school year.
Comment from papa
Time: April 18, 2008, 4:36 pm
Janee, it sounds like right now you + your husband have joint legal custody and the BM (biological mother) has residential custody. It sounds like you’re asking if you have a chance of getting joint residential custody.
In brief, and, simply put… in order to achieve that, you need to demonstrate to a Judge that joint residential custody is in the best interest of the child.
So, in other words…you have to demonstrate that you and your husband having more time with your daughter is in her best interest? How will you do that? Well, based upon the small bit of info provided, I’d aim to show that there are problems with the BM having exclusive residential custody… namely, that the daughter has missed so much school and is frequently tardy… and, I’d want to show any other problems that the child has…
if the BM has any psychological problems or moral shortcomings: that also matters to Michigan family court.
and, I’d want to demonstrate how I would correct such problems and how the child would flourish intellectually, spiritually, and physically in my care.
Now, I’m not a lawyer, and, all of this is my opinion based upon my research. Here is a cheap way to have a lawyer answer your questions.
Good luck!
Comment from antoine goodall
Time: May 18, 2008, 9:03 pm
i have some issue with my kids mother and i never see her and i want to know my rights as a father
Comment from papa
Time: May 18, 2008, 9:15 pm
Antoine, hey man.. how are you?
no offense, man, but, you’re on a website that’s all about what your rights are as a father …. look around this website man …. there’s a lot of info and a lot of links …..
You’ve got to read man…..
You’ve got to put out the effort …
There’s a bookstore:
http://www.princedaddy.com/about/fathers-rights-custody-books/
There’s a CHEAP way to ask a lawyer a question:
http://www.princedaddy.com/family-law-questions-answered-for-a-fee/
SO, just look around man
Write a comment