Difference in St Joseph County treatment of Best Interest Factor a & b. (810) 235-1970

The ST JOSEPH CHILD CUSTODY EVALUATIOIN LOOKS AT the Difference Between Factor “a” (Emotional Ties) and Factor “b” (Capacity to Give the Child Love, Affection, and Guidance)

Factor “a” focuses on the emotional bond that already exists between the parent and the child. That a parent would like to have a better relationship is not relevant. See Glover v McRipley, 159 Mich App 130, 406 NW2d 246 (1987). http://www.attorneybankert.com/


Factor “b” is different because it both tries to project the ability of a parent to foster an emotional bond in the future and to evaluate the parent’s impact on other issues such as guidance, education, and religious training, if any. See McCain v McCain, 229 Mich App 123, 580 NW2d 485 (1998) (continued involvement in religious services); Fletcher v Fletcher (After Remand), 229 Mich App 19, 581 NW2d 11 (1998) (consideration of discipline techniques); Fletcher v Fletcher, 200 Mich App 505, 504 NW2d 684 (1993) (involvement in academic affairs, extracurricular activities, and which parent likely to answer questions on sexual maturation), aff’d in part and rev’d in part on other grounds, 447 Mich 871, 526 NW2d 889 (1994); Bowers v Bowers, 198 Mich App 320, 497 NW2d 602 (1993) (father’s drinking problems, verbally abusive displays, and questionable living arrangements affected his ability to provide guidance).
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In MacIntyre v MacIntyre (On Remand), 267 Mich App 449, 705 NW2d 144 (2005), plaintiff’s negative results on an objective psychological exam, Minnesota Multiphasic Personality Inventory (MMPI), did not tip factor “a” in defendant’s favor because the examiner testified that plaintiff presented himself quite differently during interviews, defendant’s expert testified that the examiner acted within professional standards, and the record evidence revealed that the child loved and was bonded with both parents. Factor “b” slightly favored plaintiff where, although each party equally assisted the child with his schoolwork, hobbies, and religious education, plaintiff was the “rule giver” and was better able to provide guidance, and defendant often placed her need for the child’s affection above his need for discipline.

Other [problems ? see http://www.nojokebeingbroke.com/

St Joseph County

St Joseph
http://www.stjosephcountymi.org/
P.O. Box 189Centreville, MI 49032(269) 467-5500
Area: 504 smEst: 1829Pop: 62,422Pop/sm: 123.9Seat: Centreville

Terry R. Bankert P.C.

http://attorneybankert.com/