Legal Question in Family Law in Michigan

Different Races

I am black and my ex-girlfreind is white. Since my little girl is defined as being black and my ex-girlfriend and her family has no contacts with other blacks can I use this as a way to get her?


Asked on 8/10/01, 4:27 pm

1 Answer from Attorneys

Re: Different Races

Under the Michigan Child Custody Act custody is awarded according to the "best interests of the child" which are determined by considering or evaluating:

1) the love, affection, and other emotional ties existing between the parties

2) the capacity and disposition of the parties to give the chiild love, affection, and guidance and to continue the education and raising of teh chidl in his or her religion or creed, if any;

3) the capacity and disposition of the parties involved to proved the child with food, clothing, medical care or other remedial care recognized and permitted under Michigan law in place of medical care, and other material needs

4) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity

5) the moral fitness of the parties involved

6) the mental and physical fitness of the parties involved

7) the home, school and community record of the child

8) the reasonable preference of the child, if the court considersthe child to be of sufficient age to express preference

9) 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.

10) Domestic violence, regardless of whether the violence was directed against or witnessed by the child

11) any other factor considered by the court to be relevant to a particular child custody dispute

The dominant factors of Michigan law are the attachment of the child to one parent versus the other and continuity...minimum disruption of the child's lifestyle.

The overall review is to look to what is "in the best interest of the child"

Dave

Read more
Answered on 8/11/01, 4:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan