file0 - [CAPTION BRIEF IN OPPOSITION TO REQUEST FOR JOINT...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
[CAPTION] BRIEF IN OPPOSITION TO REQUEST FOR JOINT CUSTODY Due to the history of abuse by Defendant, joint custody is not in the best interests of the children, and the Court must deny joint custody pursuant to M.C.L.A. § 722.26. I. FACTS [INSERT BRIEF SUMMARY OF FACTS OF THE CASE WITH SPECIFIC REFERENCE TO ANY INCIDENTS OF VIOLENCE, THREATS, AND HOW THE CHILDREN WERE INVOLVED IN OR WITNESSED THESE INCIDENTS OR THREATS] II. ARGUMENT Defendant’s motion for joint custody must be denied under Michigan statutory law. The Michigan Child Custody Act of 1973, M.C.L.A. § 722.21- 722.30, provides a framework to guide the Court’s analysis of whether joint custody should be granted. M.C.L.A. § 722.26 provides, in pertinent part: Sec. 6a. (1) In custody disputes between parents, the parents shall be advised of joint custody. At the request of either parent, the court shall consider an award of joint custody, and shall state on the record the reasons for granting or denying a request. In other cases joint custody may be considered by the court. The court shall determine whether joint custody is in the best interest of the child by considering the following factors: (a) The factors enumerated in section 3 [referring to the best interest factors of § 722.23 ]. (b) Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child…. (7) As used in this section, "joint custody" means an order of the court in which 1 or both of the following is specified: (a) That the child shall reside alternately for specific periods with each of the parents. (b) That the parents shall share decision-making authority as to the important decisions affecting the welfare of the child. [M.C.L.A. § 722.26, emphasis added]. A. BEST INTEREST FACTORS To determine whether joint custody should be awarded, the court must first consider the “factors enumerated in section 3.” M.C.L.A. § 722.26(1)(a). Section 3 of the Child 1
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Custody Act directs the court to determine the “best interests of the child” through consideration of the factors set out in M.C.L.A. § 722.23. 1 Wellman v. Wellman , 203 Mich.App. 277, 279 (Mich. Ct. App. 1994). Two of the Best Interest Factors are particularly relevant to this case. Factor (k) requires the court to consider “Domestic violence, regardless of whether the violence was directed against or witnessed by the child.” In 1993, the Michigan legislature added factor (k) to the best interest factors in an amendment to the Child Custody Act. 2 The Amendment was unanimously passed by both houses. With this amendment, Michigan joined a number of states, including Illinois, Indiana and Kentucky, which require consideration of domestic violence as part of the best interest factors guiding custody decisions. 3 The Michigan legislature recognized the long-lasting damage of domestic abuse on children through the addition of factor (k). By including factor (k), the legislature mandated that domestic violence be considered in making a custody determination even if 1 § 722.23 states as follows:
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern