Determining how parents should structure parenting time and other essential parts of their custody plan is a complex process. While Michigan law supports child custody provisions which foster a child’s close relationship with both parents, it also requires a reviewing court to take the “best interest” of the child into consideration. Understanding best interest in a child custody case is critical.

Michigan Parenting Time Law

In Michigan, the law states that parenting time will be granted in accordance with the best interests of the child. The law also presumes it is in the best interest of children to have a strong relationship with both of their parents. However, if it can be demonstrated that a proposed parenting time term is not in the child’s best interest, it can be denied by the court. Further, if the term presents a danger to the child’s physical, mental, or emotional health, it won’t be approved.

Michigan Best Interest Law

The Michigan best interest statute lists several factors which a court is allowed to consider when making decisions which impact a child.  The law provides a broad range of factors such as the closeness of the child to each parent and the length of time the child has been provided with a stable home. The court can also look at a parent’s willingness to encourage their child’s relationship with the other parent, their ability to provide the child with food, clothing, medical care, and their physical and mental health. One factor states that the court may consider a child’s preference if the court believes the child to be of an adequate age to express an opinion on the matter. The court may also look at incidences of domestic violence, the child’s home and school records, the composition of the family unit, and the moral fitness of the parties. In addition, the Michigan best interest factors allow the court to take anything else it believes to be relevant into consideration.

Applying Best Interest

The vast array of best interest factors give courts latitude to look into virtually every aspect of the parties’ lives.  At the outset, the court wants to make sure that whatever parenting provisions are agreed to or ordered support the child’s relationship with their parents. The best interest factors also enable the court to evaluate the child’s circumstances and consider evidence that plan terms positively impact the child’s physical, emotional, and mental health.  Therefore, it is important to be aware of these provisions and how they apply to your circumstances as you proceed through your child custody case.

Parenting time and other child-related matters can be complicated and challenging to present. That is why you need an experienced and dedicated family law attorney to help you prepare your case. We have experience with child custody and can provide you with the guidance you need regarding best interest and the other issues which pertain to your situation. Please contact us online or by phone if we may be of assistance.  http://bestmichiganlawyer.com/contact .