"Best Interest Factors," Factor (H)

 

 

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( H )  The home, school, and community record of the child.

  • Who can provide leadership to attend school?

  • Who can provide leadership in extracurricular activity participation?

  • Who is actively involved in school conferences, transportation, and attendance at school events?

  • Who can more adequately assist either reducing necessity for other agency involvement (Juvenile Court, FIA) or if other agency is involved who can cooperate more fully?

  • Who can more adequately assure child's access to friends and peers useful for the child's development?

  • Who can more adequately plan and supervise the child's undertaking of home responsibilities that are appropriate to the child's age and circumstances?

  • Who takes responsibility for completion of school assignments?

 

Links to each of the Best Interest Factors, discussion

(A)  Love, affection, other emotional ties

(B)  Capacity to give love, affection, guidance

(C)  Capacity of parties to provide for the child

(D)  Stability of environment

(E)  Permanence of family unit

(F)  Moral fitness

(G)  Mental and physical health

(I)  Reasonable preference of the child

(J)  Facilitation of relationship with other parent

(K)  Domestic Violence

(L)  Anything else to be considered

 

This information comes directly from the Washtenaw County website which is "public domain." Except for formatting, no changes have been made to this material. It is included herein with the specific knowledge of the County webmaster. Further, as a Washtenaw County Circuit Court writing, this is neither binding precedent nor governing dictate even on other judges in this specific county.

Footnote 1: Written by The Honorable Judge John N. Kirkendall, Family Division, Washtenaw County Trial Court, Ann Arbor, Michigan. The author gratefully acknowledges contributions from the following lawyers and judges: Craig S. Ross, Esq., Washtenaw County Friend of the Court's Office; Norman N. Robbins, Esq., domestic relations practitioner, author and lecturer; Hon. Bruce A. Newman, Genesee County Probate Judge; Hon. Joan E. Young, Oakland County Circuit Judge; and Monika H. Sacks, domestic relations practitioner, author and lecturer. They have reviewed the chart and suggested additions and improvements. I thank Stuart D. Lurie, law clerk, who has helped revise the chart since its first publication. Errors are mine. The chart should be viewed as "evolving", not "finished." Therefore, the reader's suggestions and comments will be helpful.

Footnote 14: In cases where the courts have found the children too young to express a preference, the court may also determine that the children are too young to have established a home, community, and school record. Therefore, in very young children, this may turn out not to be a relevant factor.

 

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