BEST INTEREST OF THE CHILD FACTORS

#Bestinterestsofthechild is the Standard used by your #Divorce #Attorney when advocating for your #ChildCustody in #Flint #Genesee or around the State 

The best interests of the child is the standard usedby  #Lawyers in custody disputes between parents, agencies, and third parties.

The court must consider each factor and make findings on the record.Contact attorneybankert.com for more information.

The factors need not have equal weight; the court determines the weight of each factor.

Factors.

• (a) The love, affection, and other emotional ties existing between the parties involved and the child. This factor focuses on the emotional bond that already exists between the parent and the child.
• (b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any. This factor tries to project the parent’s ability to foster an emotional bond in the future, and the parent’s impact on such matters as education, guidance, and religious training.
• (c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
• (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
• (e) The permanence, as a family unit, of the existing or proposed custodial home or homes.This factor focuses solely on the permanence of the family environment, not the acceptability of the home or child care arrangements.
• (f) The moral fitness of the parties involved. This factor evaluates the parties’ moral fitness only as it relates to how they will function as a parent and not as to who is the morally superior adult.
• (g) The mental and physical health of the parties involved. This factor should not impair or defeat the public policy goal of integrating disabled persons into the mainstream of society.
• (h) The home, school, and community record of the child.
• (i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference. The court must take the preference of the child into account if it decides that the child is old enough to express a preference. The court is not required to disclose the child’s preference. The child’s preference does not automatically outweigh other factors; it is only one element used to make the determination.
• (j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child’s other parent. [Amended by 2016 PA 95 (eff. Aug 1, 2016).]
• (k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
• ( l ) Any other factor considered by the court to be relevant to a particular child custody dispute. The court may not consider the race of a parent’s spouse in considering whether to change custody.@terrybankert posted here 

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Buchanan wants a hand count certification he is a loser!

Good Morning Flint!
By Terry Bankert,
5/7/08,
http://FlintFamilyLaw.com

HE IS ITCHING TO EXPOSE THE GLITCHING A glitch is a glitch in my favor or in your favor," Buchanan said.[2]

THE TRAIN IS PULLING OUT OF THE STATION ALL ON BOARD Congrats to Mayor Dayne WallingYeah, I said mayor. Might as well call him that. He had 44 percent of the vote to Clack's 16. That's ridiculous. The way this looks now this is the Cavaliers vs. Pistons all over again. [3] But, its not over yet.”"I think the whole west side will be a swing district," Walling said.[4]

CLACK IS OFF HER TRACK It speaks poorly of Brenda Clack that Darryl Buchanan after years of being Don Williamsons yes man could get within 15 votes of her. Her community is screaming “ Never Back a Clack or clicky clack they’ll be back.... for another pension”.[TRB]

Here's what happened, according to the Genesee County clerk: The vote total in Flint Precinct 25, when processed, was different on the machine's disk or card than it was on the paper records.[2]

THE PRIMARY WINNERS DO NOT THINK RACE WILL MATTER "I don't want to make this campaign about race," Clack said. "We need to deal with the issues. I'm not going to single out a group and say, 'I'm going to serve you more.'"[4]Walling said. "I believe the voters in this city don't care about race or skin color."[4]

HE HAS BEEN VICTEMIZED...AGAIN Darryl Buchanan isn't giving up just yet on becoming Flint's next mayor.[1] Darryl, Remember you were a Williamson follower. I cannot believe you are going to get any more votes out of the east side, unless they are Williamson cronies.Get a life and leave, and take council woman Hill with you. You cannot be a buddie of the mayor and then switch sides when he is gone. [4- POSTED BY TDIMHCS]

GETTING TO THE BOTTOM OF THIS SCANDAL, FOR THE COMMUNITY "And the election was so close from second to third we owe it to the community to give clarity," Buchanan said. Flanked by family and friends, Buchanan made it official. He wants a hand recount off all 61 precincts, citing that close finish and the error in Precinct 25."We want to make sure .”[2]

IF EIGHT OF THE PEOPLE WHO VOTED FOR CLACK VOTED FOR BUCHANAN HE’D BE BACK....THANK YOU BRENDA CLACK Buchanan, who lost by 15 votes to second-place finisher Brenda Clack in Tuesday's mayoral primary, is asking for a hand recount. The top two winners -- Clack and Dayne Walling after the vote county Tuesday -- are to face off in the August general election. [1] HOPE SPRINGS ETERNAL Buchanan is hoping his challenge will be successful and will overturn the results.[1]

HE HAS AN ITCH ABOUT A COMPUTER GLITCH CAUSING HIM TO B....! Buchanan said he is concerned about a computer glitch that initially prevented the counting of about 200 votes on Flint's east side. Elections workers said the discrepancy was discovered early Wednesday morning, and the vote totals were updated. Clack netted an extra vote with the new totals.[1] HE SAYS THROUGH Still, Buchanan said the computer system for the optical scanners used in the election should be thoroughly checked.[1]

WE HAVE A RIGHT TO KNOW AND BE CERTAIN HE WAS ABSOLUTLEY DEFEATED "The residents of Flint deserve to know that their votes were counted accurately," Buchanan said.[1] A REQUEST FOR A RECOUNT IS REASONABLE Clack said it's Buchanan's right to request a recount.[1]

SHE JUST WANTS HIM TO BE OKAY "It doesn't bother me," Clack said. "If that's what he wants to do to satisfy himself, then he should do it."[1]

HE’S TO BE CERTIFIED A LOSER Genesee County Clerk Michael Carr said the board of canvassers, which certified the election, ran all the votes in Flint back through the computer system and got the same result. Canvassers checked each precinct to make sure that the glitch on the east side precinct was repeated elsewhere.[1]

THE RESULTS WILL SHOW BUCHANAN A LOSER "The results were identical," Carr said. "We're very confident in the results."[1]

ONE BETTER CAMPAIGN DECISION WOULD HAVE WON THE DAY FOR BUCHANAN Clack finished with 1,981 votes to 1,966 for Buchanan, according to Thursday's certified results.[1]

WINFORD ,BUCHANAN CAMPAIGN DECISION MAKER, SAY IT AIN’T SO BOB!!!! Bob Winford, Buchanan's campaign adviser, raised doubts that all the votes were counted. [1]

IF I HAVE SEEN ONE GLITCH I HAVE SEEN THEM ALL "If there's a glitch in one place, you always think there could be a glitch in other places," Winford said.[1] Based on this, if I get a flat on my car, I should have someone check the transmission. I can tell he works for Buchanan.[4-POSTED BY JACOBSMITH]
Carr said it's not guaranteed that the canvassing board will grant a recount.[1] "There has to be some evidence that something went wrong," Carr said. "It can't just be that the vote was close."[1] But Buchanan said he believes the canvassers will agree to the recount.[1] "They (canvassers) believe in the Constitution, don't they?" Buchanan said. "They believe in the electoral process."[1] Buchanan must pay $610 for a recount.[1] If votes are recounted by hand, it could be a time consuming and contentious process. Carr said attorneys representing Buchanan and Clack would be allowed to watch and could request certain ballots be set aside for the canvassers to review.[1] Winford said the attorneys would probably be looking at voters who attempted to vote for a candidate, but the mark on the ballot wasn't read by the computer.[1] There were 39 under votes and 20 over votes in Tuesday's election. An under vote is when the voter did not choose any candidate, while an over vote is when the voter chose too many, invalidating the ballot.[1]

BUCHANAN COULD HAVE WON IF 15 PEOPLE WHO SHOWED UP TO VOTE FOR AN EDUCATION CANDIDATE AND CAST NO MAYORAL VOTE WOULD HAVE VOTED FOR HIM IN THE MAYORS RACE. Brenda Clack gets into the Flint mayoral finals, so to speak, on the strength of 14 more votes? Amazing. So I guess there's an upside after all to the fact that so few bothered to vote Tuesday. Those who did mattered. A lot. [3] Carr said it's extremely rare that a recount would change the result of the election. "Fifteen votes is a lot of votes in a race like this," Carr said.[1]

BRADLEY HILLS WILL SORT OUT THE WINNERS IN THE CRIM AND NOW IN THE MAYORIAL RACE But the campaign for Flint's next mayor may be decided in the more racially mixed neighborhoods on the city's west side. "I will be watching the Bradley Street area up to McLaren hospital," said Genesee County Clerk Michael Carr, a longtime election watcher. "That will be very interesting to see."[4]

SOME CITIZENS WANT A NEW MAYOR NOW All I know is August can't get here soon enough. The current mayor just keeps wasting money by hiring his cronies at $90,000.00/yr. Most of these people have multiple retirements/pensions and now MB is doling out handouts with taxpayer money like a kid in a candy store. Meanwhile, the city is heading into bankruptcy. Hard working employees in police, fire, and other service areas are being laid off left and right and for what? So the new mayor's cronies can draw another paycheck on top of the three of four they already get? Boy have they pulled the wool over the state's eyes. This is how you re-organize. Lay off lower paid employees and hire your friends at ridiculous salaries as personal favors. Talk about your corrupt politicians.[5-POSTED BY WASTE4SURE]

I PREDICT THAT BRENDA CLACK WILL CALL A POLITICO UNITY MEETING WITH THE CODED MESSAGE LETS NOT SPLIT OUR VOTE "I'll be making calls my former opponents and asking for their support. There has to be unity. This is an opportunity to do that and I'll be contacting everyone," Clack said.[6] The implication is racial unity, but Brenda I thought you said this was not an issue?[trb]

LETS SEE

The downtown boys are for Mike Brown as reciever.

Woodrow Stanley is for Brenda Clack.

Charles Winfrey is for Darryl Buchanan.

Don Williamson,s dogs (Mays and Buchanan)in the race lost, one is asking for a recount.

I guess I made the right choice to support Dayne Walling. soon to be elected Mayor of Flint Michigan.

Posted Here by Terry Bankert
5/7/09
You are invited to continue this discussion on my Face Book Page. http://www.facebook.com/people/Terry-Bankert/645845362

SOURCES
[1] http://www.mlive.com/news/flint/index.ssf/2009/05/darryl_buchanan_asks_for_recou.html [2]
http://abclocal.go.com/wjrt/story?section=news/local&id=6801617
[3]
http://blog.mlive.com/flintjournal/aheller/2009/05/was_dayne_wallings_win_so_big.html [4] http://www.mlive.com/news/flint/index.ssf/2009/05/darryl_buchanan_disputes_elect.html [5] http://www.mlive.com/news/flint/index.ssf/2009/05/flint_mayoral_race_could_becom.html [6]
http://abclocal.go.com/wjrt/story?section=news/local&id=6799497
[trb] Comments and cap headlines by Terry Bankert http://attorneybankert.com/

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Family court judge flunks the basics!

AMERICAN INTERNET NEWS
vol 4/4/09
http://www.americaninternetnews.com/
The" new" news alternative. Free writers invited, Free advertising invited, subscription free with your email address. Paid premium ,2 above the cut, advertising available.
* * *
Good Morning Flint!,By Terry Bankert ,http://www.divorcelawguy.com/
Full article at
http://goodmorningflint.blogspot.com/
* * *
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Do You want to be in a movie? Casting call in Flint noon to 5 pm. Sunday 4/5/09 at Buffalo Wild Wings,3192 S. Linden Rd. Lyon Productions movie "Minor League a Football story" Terry Bankert is planning on trying out.
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http://www.divorcelawyguy.co/SATURDAY’S Radio show "Know the Law" 9-9:30 AM. WFLT 1420 A.M. broadcasting from Flint Michigan. 239-5733 (810). Call in your Family Law Questions.
http://www.ontheradio.net/radiostations/wfltam.aspx
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SUNDAYS’S Family Law Column in the Flint Newspaper CPSA Courier See
http://cpsacourier.com/
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THE JUDGE JUST CANNOT SAY MY REFEREE DID A GOOD JOB, THEN CHANGE CUSTODY!
Necessary optimization. Flint Divorce Lawyer Terry Bankert today reviews an order to change child custody. Terry Bankert Flint child custody attorney observes as does the Court of Appeals that judges cannot blindly accept the finding of a referee, especially when custody of a child is changed. For more Flint Family Law attorney articles read the articles posted on the website of Flint Divorce attorney Terry Bankert. The complete article can be found at http://terrybankert.blogspot.com/

Today’s Issues Released 3/26/09 Unpublished:

1.Custody; Fletcher v. Fletcher; Powery v. Wells; Order modifying parenting time; Whether the trial court properly affirmed the referee's decision to modify the established custodial environment based on a preponderance of the evidence; Vodvarka v. Grasmeyer; Terry v. Affum (On Remand);

2. The clear and convincing evidence standard; MCL 722.27(1)©);

3.Consideration of the best interest factors required by MCL 722.23; Rivette v. Rose-Molina;
4.No contact order between the child and the defendant-mother's current husband
[This opinion has been modified for media presentation. Consult an attorney before you rely on its content.-Terry Bankert]
ejournal summary

The court reversed the trial court's order modifying parenting time and remanded the case because it was not clear whether the referee applied the correct burden of proof (clear and convincing evidence), the failure to definitively use the correct burden of proof constitutes clear legal error, and the trial court erred in failing to consider the best interest factors as required by MCL 722.23.
HIGHLIGHTS
THE LOWER TRIAL COURT DID WHAT?
1.DAD SAYS I SHOWED CHANGE IN CIRCUMSTANCES! DID THE REFEREE USE THE RIGHT LAW?
2.HIGH COURT TELLS THE JUDGE AND REFEREE TO DO IT RIGHT.
3.A BEST INTEREST ANALYSIS IN FAMILY LAW IS AS FUNDAMENTAL TO CHANGES IN CUSTODY AS AIR IS TO BREATHING.
4.REFERRING 101 FAILED!
5.THE TRIAL COURT JUDGE SHOULD HAVE KNOWN BETTER
"A mere statement by the trial court that the referee's findings were in the best interests of the child is not a sufficient review of the best interest factors." Reversed and remanded.
–
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S
e-Journal Number: 42269,CHAD S. MAXAM, Plaintiff-Appellee,
UNPUBLISHED,March 26, 2009,v No. 280827,Van Buren Circuit Court
CRYSTAL A. NIEMI, f/k/a CRYSTAL A.SNYDER,
LC No. 02-049876-DC ,Defendant-Appellant., Before: Cavanagh, P.J., and Fort Hood and Davis, JJ.,PER CURIAM.
6.THERE WAS ABUSE OF DISCRETION
7.PROPER CAUSE. CHANGE CIRCUMSTANCE, PREPONDERANCE OF EVIDENCE
8.IF CHANGE PROVEN, CUSTODIAL ENVIRONMENT THEN CLEAR AND CONVINCING
9.MOM’S LONG TERM BOYFRIEND IS A SEX OFFENDER
In the instant case, plaintiff established by a preponderance of the evidence that there had
been a change in circumstances warranting modification of parenting time. Vodvarka, supra;
Terry, supra. Plaintiff discovered in April 2006 that defendant’s long-term boyfriend (now
husband) was a registered sex offender. Defendant had knowledge of her husband’s criminal
background for many years but never informed plaintiff of this information.
10.BUT HE WAS ONLY A MODERATE RISK
11.THERE WAS A JOINT CUSTODIAL ENVIRONMENT THE CHANGE IN PARENTING WOULD CHANGE THE CUSTODY
12.JUST WHAT BURDEN DID THE REFEREE USE
It is not clear on the record whether the referee in fact applied the correct burden of proof
(clear and convincing evidence) in the determination of whether to modify the existing custodial
environment. The referee noted the appropriate burden, with case citation, in the initial
recommendation and order. However, he mistakenly stated the "preponderance of the evidence"
standard in the second recommendation following remand, and did so without case citation.
13.JUST WHAT BURDEN DID THE JUDGE USE?
Similarly, the trial court failed to indicate which standard it applied when accepting the referee’s
recommendations. Rather, it just found the referee’s recommendations were appropriate and in
the child’s best interests.
14.CLEAR ERROR ON THE PART OF JUDGE
The failure to definitively use the correct burden of proof constitutes
clear legal error. Powery, supra.
15.THEY SENT IT BACK AND TOLD THEM TO DO IT RIGHT
16.JUST HOW DID A FAMILY COURT JUDGE FORGET ABOUT THE BEST INTERESTS
Furthermore, we also find the trial court erred by failing to consider the best interest
factors required by MCL 722.23. Neither the referee nor the trial court referenced the statutory
best interest factors in their orders. Rather, the referee recounted the findings of fact and the
referee and trial court both summarily stated the custody modification was in the child’s best
interest because it was neither reasonable to expect, nor possible to ensure compliance, with
defendant staying away from her husband every other week.
THEY SENT IT BACK AND TOLD THE JUDGE TO DO IT RIGHT
Because there was no reference on the record by either the referee in his recommendations and order, or by the trial court in its order, to the best interest factors, a remand for such findings is required. Rivette v Rose-Molina, 278 Mich App 327, 329-333; 750 NW2d 603 (2008). A mere statement by the trial court that the referee’s findings were in the best interests of the child is not a sufficient review of the best interest factors.
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On 4/30/09 at 6:30 PM The Genesee County Democratic Party is sponsoring a forum/debate between the Flint Mayoral candidate. The location is UAW Local 651 on Robert T Longway. This will be the last forum before this most important election in May. You are invited.
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World News,
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Flint Commercial News
www.mlive.com/flint ,
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Posted here by
Terry Bankert
http://www.flintdivorce.com/
You are invited to continue these discussions on my face book.
http://www.facebook.com/people/Terry-Bankert/645845362
Email through my web site,http://www.terrybankert.com/ , Family Law advice at ,
http://www.attorneybankert.com/, Need Divorce Now! , http://www.3hourdivorce.com/ ,
http://www.dumpmyspouse.com/ , http://www.spousedumpster.com/Special Family Law needs ,
http://www.changemychildsupport.com/ , http://www.seemygrandbabies.com/ ,
Daily Blog Posted to:gmf,http://goodmorningflint.blogspot.com/ , http://twitter.com/terrybankert
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