Full question:
I am a divorcee and have been living in Michigan with my son. Five years back the court granted me the custody of our son, and gave my husband the right to visit our son every weekend. A few months back I met a guy through a mutual friend. He is a bachelor and we have been planning to move in together. My son has no issues with my boyfriend coming and staying with us. However, I am scared that my ex-husband would create a problem for me when he gets to know that I have moved in with another guy. I want to know, if my ex-husband moves the court, would me staying with my boyfriend warrant the change in custody.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Michigan
Answer:
The courts in Michigan, while deciding the case of custody, keep in mind the intent of the statutory provision which is ‘best interest of the child. The provision laid down in MCLS § 722.23 enumerates the factors that the courts take into account while deciding on which parent gets the custody of the child. It reads:“ As used in this act, "best interests of the child" means the sum total of the following factors to be considered, evaluated, and determined by the court:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child's other parent.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.”
Also, the Michigan Court of Appeals in Williamson v. Williamson, held, that a mother's living with man to whom she is not married, standing alone, is not enough to constitute “immorality” as envisioned by Child Custody Act of 1970 (§ 722.23), so as to warrant change of child custody.
In the given instance, the mother’s living with a man without marriage alone may not warrant the change of child custody. The party who files for a revision of the existing custody order needs to present before the court that the change in circumstances warrants a change in custody. They need to convince the court that the change of custody is in the ‘best interest of the child’.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
