Kalkaska divorce court child custody decision and the best interest factors. (810) 235-1970

HOW The “Best Interests of the Child” Standard IS USED IN KALKASKA COUNTY DIVORCE COURT.

A. In General

Once the KALKASKA trial court makes findings on the record on whether an established custodial environment exists and determines the appropriate burden of proof, it must then apply that burden to the best interests factors. Underwood v Underwood, 163 Mich App 383, 414 NW2d 171 (1987).
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The best interests of the child are the controlling consideration in custody disputes between parents, between agencies, and between third persons. MCL 722.27a. The best interests factors are set forth at MCL 722.23 (see §3.8). Before granting primary physical custody to a party in a custody determination, the trial court must consider each of the statutory factors and make specific findings on the record. Overall v Overall, 203 Mich App 450, 512 NW2d 851 (1994); Schubring v Schubring, 190 Mich App 468, 476 NW2d 434 (1991); Meyer v Meyer, 153 Mich App 419, 395 NW2d 65 (1986). see http://www.dumpmyspouse.com


However, this articulation requirement does not require the court to comment on every matter in evidence or every proposition argued. Fletcher v Fletcher, 447 Mich 871, 526 NW2d 889 (1994); MacIntyre v MacIntyre (On Remand), 267 Mich App 449, 452, 705 NW2d 144 (2005). The trial court’s failure to comment cannot be construed to mean that it did not consider the evidence. Sinicropi v Mazurek, 273 Mich App 149, 729 NW2d 256 (2006).

A court’s decision regarding custody must be based on “competent evidence adduced at trial.” DeBoe v DeBoe, No 246083, 2003 Mich App LEXIS 2379 (Sept 18, 2003) (unpublished).