In most Michigan divorce cases, the courts attempt to give the parents equal custodial rights to their children. In general, the courts believe that having a relationship with both parents is in the best interests of children.
However, there are some cases in which a parent could lose custody. For example, a parent could lose custody if they go to jail or prison after a criminal conviction, have a history of physical or emotional abuse, or simply cannot properly care for the child.
Best Interests of the Child
What do Michigan courts mean when they refer to the best interests of the child? Michigan law defines it by providing a list of factors courts should consider when determining child custody cases. Some of the most important factors considered when determining if a parent should lose custody are:
- The love, affection, and emotional ties between the parent and child
- The capacity for the parent to give the child love, affection, and guidance
- The capacity of the parent to provide the child with food, clothing, and medical care
- The moral fitness of the parent
- The mental and physical health of the parent
- The reasonable preference of the child
- Whether domestic violence occurred
In most cases, the decision doesn’t come down to just one factor but rather a combination of factors. For example, a parent could lose custody if they can’t meet their child’s basic needs, aren’t available to raise them, and have a substance abuse issue.
Contact a Michigan Child Custody Attorney
If you are concerned about losing custody of your child or believe it’s in your child’s best interests that their parent doesn’t have custody,contact The Smith Law Offices for a free consultation with a child custody lawyer serving Wayne, Oakland, Washtenaw, and surrounding counties. Our experienced child custodyattorneys will review your case and explain your legal options.
