When parents separate or divorce, they must resolve the custody arrangement for the family. Courts usually default to keeping siblings together in a single custody arrangement rather than having different arrangements for each sibling. However, separation of siblings can happen in custody arrangements in Michigan.
Michigan’s Custody Laws
Michigan’s child custody laws follow the “best interests of the child” standard. Any custody determination must place the best interests of the child as the primary consideration. State law lists various factors that courts must consider in determining what constitutes the “best interests of the child.” These factors include:
- The love, affection, and emotional ties between the parties and the child
- The ability and willingness of the parties to give the child love, affection, and guidance, and to continue the education and religious or moral instruction of the child
- The ability of the parties to provide the child with food, clothing, medical care, remedial care, and other material needs
- The length of time the child has spent in a satisfactory, stable environment and the desirability of maintaining that environment
- The familial permanence of the existing or proposed custodial home or homes
- The moral fitness and mental and physical health of the parents
- The child’s home, school, and community records
- The child’s reasonable preference, if the court finds the child mature enough to express a reasoned preference
- Each parent’s ability and willingness to facilitate and encourage a close and continuing relationship between the child and the other parent
- Any history of domestic violence in the family
Courts usually conclude that keeping siblings together as a family unit serves the best interests of each sibling. However, in rare cases, a court may determine that separating siblings in a custody arrangement serves the best interests of each sibling.
The Role of the Guardian ad Litem and Child Interviews
In some custody cases, the court may appoint a guardian ad litem to advocate for a child’s best interests. Certain circumstances may warrant appointing separate guardians ad litem for each sibling in a family. Courts also frequently interview older children and teenagers to determine whether those children have preferences for the custody arrangement.
When Might Siblings Be Separated?
Some scenarios where a court may decide to separate siblings in a custody arrangement include:
- Siblings have significant emotional or physical conflict or a history of abuse or violence towards one another
- One sibling has special needs and is better served by having the child live with one parent
- Each sibling has a deep emotional connection with a different parent, but no connection with the other parent
- Each sibling expresses a preference for a separate custody arrangement, and the court finds the siblings old enough to communicate valid reasoning for their preferences
- The family includes half-siblings or step-siblings
Because courts must weigh the best interests of each child in the family separately, the analysis of each sibling’s best interests may justify separate custody arrangements for each sibling.
How Parents Can Address Sibling Separation Concerns
When a court orders separate custody arrangements for siblings, parents can address concerns that may arise from such an arrangement by:
- Practicing cooperative co-parenting to minimize the adverse effects of sibling separation
- Advocating for parenting plans that include frequent sibling contact (unless siblings have a history of abuse or violence toward one another)
- Obtaining experienced legal counsel to address complex issues in cases where siblings may end up with separate custody arrangements
Contact Our Child Custody Attorneys
When you and your ex have a child custody dispute, you need experienced legal counsel to help you understand the legal situation. Contact The Smith Law Offices, P.C., today for a confidential consultation with our legal team to learn more about Michigan’s child custody laws.
