BEST INTERESTS OF THE CHILD FACTORS MCL 722.23(a)-(l)
A. The love, affection, and other emotional ties existing between the parties involved and the child.
• How do you feel about the [child / children]?
• How does the other parent feel about the [child / children]?
• Describe your [child / children]’s relationship with you.
• Describe your [child / children]’s relationship with the other parent.
• Do you feel the love bond and ties to the [child / children] are about equal between you and the other party? Please explain.
• How [do / does] your [child / children] know that you love [him / her / them]? What will your [child / children] say about this, if asked?
• What are your [child / children]’s favorite food, TV programs, stories, etc.?
• How has the [child / children] been affected by this marital separation?
• How would you go about correcting this?
• Which of you is more apt to hear about your [child / children]’s problems, triumphs, adventures, comfort needed for a skinned knee, joy shared with a home run hit?
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 its religion or creed, if any.
• How do you show the [child / children] love and affection?
• How does the other parent show the [child / children] love and affection?
• What kinds of activities do you share with the [child / children]? How much time is spent with each activity?
• How do you discipline your [child / children]?
• How does the other parent discipline the [child / children]?
• What are the positive and negative points of your parenting skills as you see them?
• What the positive and negative points of the other parent’s parenting skills, as you see them?
• What are the rules of your home?
• What are the rules of the other parent’s home?
• Have you ever been abusive to the [child / children]? In what ways? Has protective services ever been involved?
• Is there a religion that exists for the [child / children]? What is each parent’s present religious practice? Is the present situation consistent with the parent’s past practices? Does each parent actively participate or show interest in religious training? Is there a history of difference in the parents’ religious beliefs? Does either parent’s religious convictions interfere with the [child / children]’s relationship with the other parent?
• Who feeds the [child / children]?
• Who bathes and dresses the [child / children]?
• Who stays home from work when the [child / children][is / are] sick? Why is that the person who stays home? (Work schedule flexibility, sick days easier to get off, etc.?)
• How are these decisions made with the other party?
• Who puts the [child / children] to bed?
• How do you teach your [child / children] manners? How does the other party?
• Describe a typical day with your [child / children].
• How does each party handle any fears manifested by the [child / children] if [he /she] becomes aware of such?
• Is there anything about yourself that affects your ability to give love, affection, and guidance? How about the other party?
• What kind of activities do you share with the [child / children], how much time is spent, how much involvement in the [child / children]’s school and extracurricular activities do you spend? How much time does the other party?
• How is each party’s ability to discipline themselves; who comes first, the parent or the [child / children]?
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.
• Where do you work? What is your salary? Do you work full time or part time?
• Where does the other parent work? What is the other parent’s salary? Does the other parent work full time or part time?
• How well do you feel you manage money?
• How well do you feel the other party manages money?
• What is the earning capacity of each party? If employed, what arrangements have been made when the [child / children][is / are] not in school?
• Do you provide the [child / children] with food and clothing? Describe the [child / children]’s normal breakfast, lunch, and dinner?
• Does the other parent provide the [child / children] with food and clothing? Describe what the other parent feeds the [child / children]’s normal breakfast, lunch, and dinner?
• Do you provide the [child / children] with medical care? Is the [child / children]’s medical care current? Do you object to medical care in general?
• Does the other parent provide the [child / children] with medical care? Is the [child / children]’s medical care current? Does [he / she] object to medical care in general?
• Does the [child / children] have any special needs (e.g., medical, educational, speech)? What is being done about the special needs and which parent is attending to [him / her / them]?
• Who arranges for and takes the [child / children] to doctor and dentist appointments?
• Who arranges for child care and babysitter?
D. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
• Since your separation, when has the [child / children] been with each parent? If both parents have had physical custody of the minor [child / children], please provide dates the [child / children] lived with each parent.
• How has the noncustodial parent exercised parenting time since your separation (e.g., consistent, nonconsistent)? Please be specific.
• Please provide addresses of changes in residences since your separation. Please provide reasons for these moves. How has the [child / children] adjusted to changes of residences?
• Describe the proposed custodial home. Is it in the same geographical location? How will a move affect the [child / children]? What is the address of the custodial home, length of time in this home, and who all lives there?
• What are your future plans concerning mobility?
• Describe your home with regard to location, cleanliness, household furnishing, safety, and play areas.
• Describe the present custodial home.
• Who sleeps where in each home?
• Is the current home environment safe and stable for the child?
• Is the proposed home environment safe and stable for the child?
• Which home will provide the [child / children] with the most love, affection, guidance, moral and spiritual training, and educational and fulfillment opportunities? Why?
• Where do the [child / children]’s friends and relatives reside?
E. The permanence, as a family unit, of the existing or proposed custodial home or homes.
• How many times have you been married?
• How many times has the other parent been married?
• What has happened since the separation in terms of relationships with live-in male friends or female friends or marriage? Do any plans exist for remarriage?
• How long have you maintained the current relationship?
• How long the other parent maintained the current relationship?
• What is the [child / children]’s relationship with siblings, step-siblings, step-parent, or any other person that may be living in the home that is not a party in this case?
• What is the [child / children]’s relationship with siblings, step-siblings, step-parent, or any other person that may be living in the other parent’s home that is not a party in this case?
• How do you think the [child / children] perceive[s] the family unit? What future home is proposed by the petitioning party, and what future relationships would that involve?
F. The moral fitness of the parties involved.
• Are you morally fit? Please explain.
• Is the other party morally fit? Please explain.
• Has there been any drug or alcohol involvement by you or your current spouse? If so, how much, what treatment has been sought, and what has the person’s individual response to the treatment been?
• Has there been any drug or alcohol involvement by the other parent or [his / her] current spouse? If so, how much, what treatment has been sought, and what has the person’s individual response to the treatment been?
• Do you have a driving record or criminal history? Please explain.
• Does the other party have a driving record or criminal history? Please explain.
• Are there any romantic liaisons by either party? What has the effect of said liaisons been on the [child / children]?
• Is foul language used by either party in front of the [child / children]? What has the effect of said language been on the [child / children]?
• What do you see as your strengths and weaknesses on your moral belief? And to the other party’s?
• What has the [child / children]’s exposure to moral issues been and what has the [child / children]’s response been to the same?
G. The mental and physical health of the parties involved.
• Do you have any physical health problems (chronic illness or take any medicine regularly)? If so, how does it affect your ability to parent?
• Does the other parent have any physical health problems (chronic illness or take any medicine regularly)? If so, how does it affect the other parent’s ability to parent?
• Have you ever been involved in counseling? If so, when (provide specific dates), where, counselor’s name, and reason for counseling.
• Has the other parent ever been involved in counseling? If so, when (provide specific dates), where, counselor’s name, and reason for counseling.
• Do you have mental health problems? Please explain.
• Does the other parent have mental health problems? Please explain.
• Has the other parent ever been hospitalized due to a mental health problem? Please explain.
• State the mental health history, marriage counseling, or hospitalizations of all parties to this action.
• Is mental health related to the divorce or custody disputes or to a long-term disability?
H. The home, school, and community record of the child.
• What school [does / do] the [child / children] attend? Would a change in custody mean a change in schools for the [child / children]?
• What [is / are] the attendance record[s] of the [child / children]?
• What [is / are] the academic record[s] of the [child / children]?
• What [is / are] the [child / children]’s attitude[s] toward school?
• What extracurricular activities [does / do] the [child / children] participate in?
• What is your involvement in these activities?
• What is other parent’s involvement in these activities?
• What [is / are] the [child / children]’s responsibilities while your home?
• What [is / are] the [child / children]’s responsibilities while in the other parent’s home?
• [Does / do] the [child / children] have any juvenile or other agency involvement?
• [Does / do] the [child / children] have any close relationships with friends in the area?
I. The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
• In your opinion, what is a sufficient age for [child / children] to state a preference regarding custody?
• Do you feel the [child / children][has / have] a preference? If so, what is it?
• How do you feel the [child / children] would react if a change of custody is granted?
• Why does the other parent want this change of custody?
• Do you want a change in custody? Why or why not? Please explain.
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 other parents.
• How have you encouraged or facilitated a continuing relationship between the [child / children] and the other parent?
• How has the other parent encouraged or facilitated a continuing relationship between you and the [child / children]?
• How have you attempted to remove or destroy the relationship between the [child / children] and the other parent? How? Why?
• How has the other parent attempted to remove or destroy the relationship between you and the [child / children]? How? Why?
• How have you cooperated with parenting time requests and contact between the [child / children] and the other parent?
• How do you and the other parent get along with each other?
• Do you talk about the other parent in front of the [child / children]? If so, in what manner?
• Does the other parent talk about you in front of the [child / children]? If so, in what manner?
• What is your proposed parenting time schedule?
K. Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
• Have you been physically abusive to your spouse? How? Why?
• Has your spouse been physically abusive to you? How? Why?
• Has your spouse been verbally abusive to you? How? Why?
• Have you been verbally abusive to your spouse? How? Why?
• Have either of you ever been physically abusive to your children? How? Why?
• Have either of you ever been verbally abusive to your children? How? Why?
• Has your [child / children] been exposed to any domestic violence in your home? How? Why? Please explain.
L. Any other factor considered by the court to be relevant to a particular child custody dispute.
• Are you aware of the availability of joint custody? What is joint custody?
• Would you like joint custody? When do you foresee you having the [child / children] and when do you se the other parent have the [child / children]?
• Are you using issues concerning the [child / children] to disrupt or control the activities of the other parent?
• Is the other parent using issues concerning the [child / children] to disrupt or control your activities?