Wednesday, May 1, 2019


BEST INTEREST OF CHILD FYI-“The best interests of the child are the controlling consideration in custody disputes between parents, between agencies, and between third persons. MCL 722.27a. The best interests factors are set forth at MCL 722.23 (see §3.8). “

“Before granting primary physical custody to a party in a custody determination, the trial court must consider each of
the statutory factors and make specific findings on the record. Overall v Overall, 203 Mich App 450, 512 NW2d 851 (1994); Schubring v Schubring, 190 Mich App 468, 476 NW2d 434 (1991); Meyer v Meyer, 153 Mich App 419, 395 NW2d 65 (1986).”

“A court’s decision regarding custody must be based on “competent evidence adduced at trial.” DeBoe v DeBoe, No 246083 (Mich Ct App Sept 18, 2003) (unpublished).”

Presented here by Attorney Terry Bankert a Flint Family Law, Divorce, Lawyer. 810-235-1970.

722.23 “Best interests of the child” defined.

“Sec. 3..Evaluation of the 12 best interests factors depends on the facts and circumstances of each case. Custody is not awarded on the basis of which parent “scores” the most points. Lustig v Lustig, 99 Mich App 716, 299 NW2d 375 (1980). If each parent “wins” on six of the factors, it does not mean that the party with the burden of proof cannot be awarded custody. Heid v AAASulewski, 209 Mich App 587, 532 NW2d 205 (1995).”

“Factors need not be given equal weight. The weight to be given any factor is ultimately left to the court’s discretion. Riemer v Johnson, 311 Mich App 632, 876 NW2d 279 (2015) (not error for court to order joint physical custody when more best interests factors favored father because court could value factors differently); McCain v McCain, 229 Mich App 123, 580 NW2d 485 (1998) (that father’s vindictiveness would probably act to destroy parent-child relationship with mother did not outweigh other factors so as to award custody to mother).”

“MCL 722.23 defines the “ ‘best interests of the child’ ” as “the sum total of the” factors set forth in MCL 722.23(a)-(l). “In child custody cases, the family court must consider all the factors delineated in MCL 722.23 and explicitly state its findings and conclusions with respect to each of them.” Spires v Bergman, 276 Mich App 432, 443; 741 NW2d 523 (2007). As a general rule, we defer to the trial court’s credibility determinations, “and the trial court has discretion to accord differing weight to the best-interest factors.” Berger v Berger, 277 Mich App 700, 705; 747 NW2d 336 (2008). ( Source Bogue v Swinson Unpublished Michigan Court of Appeals, 4/16/2019,e-journal #70283,No. Gladwin Circuit Court Family Division LC no. 16-008762-DM.)”.

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