PRESQUEILE FAMILY COURT WHEN DECIDING CUSTODY MUST USE Factors “d” and “e”: Stability and Permanence
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Factor “d” is the length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity. Factor “e” is the permanence, as a family unit, of the existing or proposed custodial home. SEE HTTP://WWW.DUMPMYSPOUSE.COM
These factors focus on stability and permanence, not the acceptability of the home or child care arrangements. See Ireland v Smith, 451 Mich 457, 547 NW2d 686 (1996) (father’s proposal to have his mother provide child care in grandparents’ home, where father was living, was not more acceptable than child attending university-provided day care while mother was in college); Mogle v Scriver, 241 Mich App 192, 614 NW2d 696 (2000) (mother’s marriage was additional factor that weighed in favor of granting custody to mother where (1) it was in child’s best interests to live with traditional nuclear family and (2) father’s single status made finding of long-term stability problematic; consideration of mother’s marriage did not amount to finding that two-parent home was preferable to single-parent home simply because it was more “acceptable”).
SEE WWW.ATTORNEYBANKERT.COM
In Sinicropi v Mazurek, 273 Mich App 149, 729 NW2d 256 (2006), the court of appeals rejected the mother’s argument that, in considering factors d and e, the trial court found in favor of the father’s city, rather than the father. “The trial court stated that it was desirable to maintain continuity by having the child be with [the father] and his extended family in Jackson. The court did not find in favor of a city.” Id. at 180.
FAMILIES WHO CANNOT AGREE ON CHILDRE MANY TIMES CANNOT AGREE ON HOW MONEY IS SPENT. See http://www.nojokebeingbroke.com
Thursday, April 21, 2011
Sunday, September 28, 2008
Presque Isle County
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