"Best Interest Factors," Factor (J)

 

 

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( J )  The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

  • Who can best cooperate with an appropriate visitation schedule by the other party?

  • Who is least likely to disparage the other parent in the presence of the child based upon past performance?

 

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

(H)  Home, school, and community record

(I)  Reasonable preference of the child

(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 16: Shortly after this factor was added to the Child Custody Act, a trial court failed to consider it, because it did not know of the amendment. Remand was necessary. Failure to consider this, or presumably any factor under the Child Custody Act, is grounds for remand. Blaskowski v Blaskowski, 115 Mich. App. 1 (1982). (The trial court also failed to find whether an established custodial environment existed in order to determine the standard of proof.)

 

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