Custody in Michigan – Best interest of the child factor (g)
Best Interest of the child factor (g)
One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (g). Best interest of the child factor (g) addresses the mental and physical health of the parties involved.
Not everyone is in perfect health and you do not have to be to be a good parent. The key consideration in best interest of the child of the child factor (g) is whether the mental and physical health of a party impacts the parents ability to parent.
The best interest of the child factor (g) is also important in a parenting time case. Both the Child Custody Act and the Parenting time statute looks at the best interest of the child.
So how can a court examine best interest of the child factor (g)?
Like every best interest of the child factor, Michigan divorce and Michigan custody lawyers, the Friend of the Court and judges ask questions. Best interest of the child factor (g) examines the mental and physical health of the parties.
Sample questions regarding the best interest of the child factor (g) include:
- What is the condition of your physical and mental/emotional health?
- What is the condition of your spouse’s physical and mental/emotional health?
- What are the names of your practitioners, (doctors, osteopaths, chiropractors, alternative medicine practitioners, counselors, therapist, psychiatrists, etc.) who you have seen for the past 5 years?
- What was the reason for your treatment?
- What medications, prescribed or non-prescribed, you have taken over the past 5 years?
- What was the purpose of taking the medication?
- Have you been hospitalized in the last 5 years? Why?
- Have you had any nervous breakdowns, nervous disorders or any type of mental illness?
As with every best interest factor, providing specific examples may be paramount in preparing for success. For example, is someone is depressed and taking an anti-depressant can be a good thing and is typically looked more favorably than someone who is depressed and refuses to take medication.
When preparing for a custody in Michigan case or parenting time case, preparation is key. Since every custody in Michigan case is unique having an understanding of the law related to custody in Michigan is paramount. We can help.
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By: Daniel Findling