Handling the ups and downs of a Michigan child custody case can be challenging. The courts consider numerous facts when establishing a parenting arrangement that is in a child’s best interest.
Divorces and separations can be contentious and emotional. Yet when domestic violence is involved, the stakes change and can significantly affect the outcome of a child custody case. Understanding how the courts view domestic violence and how it can change the dynamic of a child custody case in Michigan is essential if you want to protect yourself and your child.
What Is Domestic Violence?
Domestic violence is also called intimate partner violence. In Michigan, domestic violence is harming or attempting to harm a family or household member physically or mentally. Domestic violence can also include sexual violence, such as forcing a family or household member to engage in involuntary sexual acts. Often, domestic violence involves an intimate partner or spouse, but it can also include individuals in dating or sexual relationships, as well as individuals who have a child together.
Domestic violence tends to involve a pattern of behaviors that can include manipulation, intimidation, humiliation, threats, fear, harassment, or any behavior that allows one partner to control the other.
How Domestic Violence Affects a Michigan Child Custody Case
One of the 12 factors the court can legally consider in child custody cases is domestic violence, regardless of whether the violence was directed at the child or the child witnessed the violent act. Like other jurisdictions, Michigan recognizes that it tends to be in a child’s best interest to establish and maintain a close and loving relationship with each parent. Because of this, there are situations when an abusive spouse or partner may still be granted parenting time or some form of limited child custody.
Domestic violence can complicate child custody situations since someone prone to abusive or violent tendencies may not be able to maintain a healthy relationship with a child. The court may consider restricted visitation, where a parent can see their child in a controlled environment with a neutral third party monitoring interactions. Domestic violence can also trigger the court to require the abusive parent to attend anger management or counseling sessions before allowing visitation or custody.
In extreme situations or cases of multiple or repeat violations, domestic violence can lead to a loss of custody, where the court may grant sole custody rights to the other parent. The court can also elect to issue a protective order to keep the abusive partner away from the child and the other parent, severely limiting contact and custody options. Victims of domestic violence can also petition for a personal protection order (PPO) in the circuit or family court.
If a parent works on their issues and relationships, it may be possible for them to eventually request that the court modify a child custody order, seeking to gain unsupervised visitation or custody of a child.
The Michigan 12-Factor Test
The Michigan Child Custody Act of 1970 outlines the factors the court can consider when evaluating a child’s best interests. Now known as the 12-factor test, these guidelines help the court determine what custody arrangement best enhances a child’s physical and emotional well-being. The factors the court can legally consider in child custody cases include:
- Love, affection, and emotional ties the child has with each parent
- The capacity of each parent to offer love and guidance, and to continue the education and raising of the child
- The capacity of each parent to provide necessities to the child, such as food, clothing, and medical care
- The length of time the child has lived in a safe and stable environment
- The permanence of the existing custodial home
- Moral fitness of each parent
- Mental and physical health of each parent
- Home, school, and community record of the child
- The reasonable preference of the child if they are of the age or maturity to express a preference
- The willingness of each parent to foster a good relationship with the other parent
- Domestic violence
- Any other factor the court considers relevant to the custody dispute
The last point is key because it means a judge can consider any additional factors they find relevant to a child custody case.
A Michigan Child Custody Attorney Can Help Your Family
Domestic violence adds a complicated and frightening dimension to any Michigan child custody case. To protect yourself and your family, you need the help of an experienced, aggressive, and compassionate child custody attorney with The Smith Law Offices, P.C. Our team focuses on building a personalized child custody strategy that protects you and your family and offers the best opportunity to achieve a favorable outcome.
Let us help you manage this difficult time and emerge from it in a more positive place. Contact our Michigan office today to request a confidential legal consultation.
