In the VANBUREN COUNTY CUSTODY CASES the 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. see www.dumpmyspouse.com
The weight to be given any factor is ultimately left to the court’s discretion. 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).
Also, several of the factors have some natural overlap, so that the same facts may be relevant to more than one factor. For example, evidence going to show one parent’s negative influence on the emotional ties of the other parent and the child (factor “a”) may also be relevant to evaluating the ability of that parent to facilitate a parent-child relationship between the child and the other parent (factor “j”). Fletcher v Fletcher (After Remand), 229 Mich App 19, 581 NW2d 11 (1998); see also Carson v Carson, 156 Mich App 291, 401 NW2d 632 (1986) (overlap of factor “a” (emotional ties) and its impact on factor “i” (reasonable preference of child)).
see http://www.attornerybankert.com
The court must consider all of the best interests factors even if the issue involved does not result in a change in the established custodial environment. Pierron v Pierron, 486 Mich 81, 782 NW2d 480 (2010). However, if the court determines that a factor is not relevant to a decision that will not affect the established custodial environment, the court need not make substantive factual findings concerning the factor beyond this determination, but it does need to state that conclusion on the record. Id.
If in economic hardship see http://www.nojoketobebroke.com
Thursday, April 21, 2011
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