Child Custody And Divorce: Free Legal Advice
Child Custody And Divorce: Free Legal Advice
Child Custody And Divorce: Free Legal Advice
- - - - - - - - - -
The legal standard that the Michigan courts follow, in deciding child custody, is "What is the best interest of the child?" You might think that this is some rhetorical question, not capable of being answered, but it is not. It is the sum total of twelve factors, which factors are spelled out in the custody statute. If you are not in Michigan, you will want to get a copy of the statute that applies in your state, obviously.
Here is a partial list (it will grow as people email me) that may help you find your state statutes:Click
But all of the state statutes are quite similar, even though the wording may be a little different. Here is the wording of Michigan's statute, with the itemization of the factorsMichigan Custody Factors
The point is that there are twelve different factors, and there is going to be a separate contest as to each factor. The winner of the case, the person with whom the child should live, is the person who wins more of the factors than the other party does. At that point, when the trial is over, the solution is an arithmetic problem, isn't it? Mother wins on six factors, Father wins on two factors, and four factors are tied. Who gets custody? Mother does. Or, in a different case, the judge's findings might be: Father wins on only two factors, and the other ten factors are tied. Who wins custody? Father does. Not because he's head and shoulders above mother (he's not, if ten factors came out as ties), but because he's two factors ahead, or two "points" ahead, if you will. A parent can win by being just one factor ahead, and many cases turn out that way.
The court is not saying to the "losing" parent "You are a bad parent", necessarily. The court is saying "The other parent is the better parent. Maybe just a tad better, maybe one point (one factor) better. But better." And you're outta here. You lose. Your child is now living with the other parent. Next case.
That's why these factors are so important. That's why we are going to spend so much time studying them, anticipating them, changing our life, and our attitudes, to embrace these factors. Your case stands or falls, you win or lose custody, depending on the testimony, the evidence, that relates to these factors, and all twelve are equally important.
Now go read them again (the Michigan factors), because we are going to deal with some examples, some strategy, some myths, and some procedures.
Good luck with it.