Thorn Legal Memo
Under current Michigan law, Joseph Thorn will most likely be granted custodial rights to his son Ryan.
The family court evaluates a parent's right for custody of a child using Mich. Comp. Law Section 722. In particular, the court determines the overall "best interest" of the child. Under this statute, best interest is defined using 11 factors which include:
(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 any remedial care recognized and permitted under the laws of this state in reference to medical care and other material needs.
(d) The length of time the child continuity.
(e) The permanence as a family unit of the existing or proposed custodial 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 involved.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preferences.
(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.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
These factors are held by the court as a means of analyzing the overall fitness of a parent to act in a parental role with custodial rights. Under Jones v. Jones, "these factors are to be considered, evaluated, and determined by the court." No one factor determines the fitness of the parent, and both parents are evaluated under each criteria.
Common Law Interpretation of factors A, C, and F
Factor A evaluates, "The love, affection, and other emotional ties existing...
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