Will mental illness cause a loss of custody?
"... while mental illnesses may create unfortunate barriers for parents in child custody cases, it is the best interests of the child that must guide a trial court in making custody and parenting time decisions."
"Unlike cases involving the termination of parental rights, in which courts must balance
the best interests of minors against the constitutional rights of their parents, a trial court’s
singular focus in cases brought under the Child Custody Act, MCL 722.21 et seq., is “ ‘to
promote the best interests of the child and to provide a stable environment for children that is
free of unwarranted custody changes.’ ” Lieberman v Orr, 319 Mich App 68, 78; 900 NW2d
130 (2017), quoting Pierron v Pierron, 282 Mich App 222, 243; 765 NW2d 345 (2009). With
respect to parenting time decisions in particular, MCL 722.27a(1) provides, in pertinent part:
(1) Parenting time shall be granted in accordance with the best interests of the
child. It is presumed to be in the best interests of a child for the child to have a
strong relationship with both of his or her parents. Except as otherwise provided
in this section, parenting time shall be granted to a parent in frequency, duration,
and type reasonably calculated to promote a strong relationship between the child
and the parent granted parenting time.
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However, if “it is shown on the record by clear and convincing evidence that it would endanger
the child’s physical, mental, or emotional health,” parenting time need not be ordered.
MCL 722.27a(3); Luna v Regnier, 326 Mich App 173, ___; ___ NW2d ___ (2018) (Docket No.
343382); slip op at 3. "
(e-journal 70441, Jackson v Appling Mich. App. Unpublished 5/7/19.No. 345488.
Presented here by Flint Family Law ,Divorce, Attorney Terry Bankert. www.attorneybankert.com .
Call Lawyer Terry Bankert (810) 235-1970
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