Determining child custody in a divorce isn’t an easy process, and each state has its own way of doing it. Generally, most states – including the state of Michigan – appoint child custody to whichever parent can act in the best interests of the child.
What all determines the best interest of the child?
Both parents will have different ideas on what’s best for the child. That’s why most of the time, the court sets a few standards to determine what’s truly in the best interest for the child.
Every court of law will thoroughly examine both parents’ ability to meet the child’s basic needs. They’ll ask about where the child would be sleeping, the ability of the parent to transport the child as needed and financially provide for the child in every other aspect. If one parent is more fit than the other, then the court will probably grant that parent with custody.
When appointing custody, the state will also look at the ability of both parents to meet the child’s emotional needs. For example, if a father is petitioning for custody of a child who he doesn’t see often due to work constraints, then the court might grant the mother custody.
The court will also interview the child to determine what they want. However, this comes secondary to the ability of the parent to actually meet the needs of the child.
What else is taken into consideration?
In addition to looking at the parent’s ability to meet the needs of the child, both emotionally and financially, they’ll look at other aspects of the parent’s life to make sure the child wouldn’t be exposed to anything traumatizing or harmful. If you have questions about getting child custody after a divorce, reach out to a lawyer today.
