IF OTSEGO SPOUSE IS A NUT JOB CUSTODY BEST INTEREST FACTOR G WILL NOT GO WELL FOR THEM.(810) 235-1970

Think you spouse is a nut job? In Otsego County the court will review best interestr Factor “g”: The Mental and Physical Health of the Parties

Given the strong state and federal policies of pursuing the total integration of disabled persons into the mainstream of society, trial courts must avoid impairing or defeating this public policy in formulating custody awards. Bednarski v Bednarski, 141 Mich App 15, 27–28, 366 NW2d 69 (1985). see http://www.dumpmyspouse.com

Factor “g” favored plaintiff in MacIntyre, where the record was replete with evidence of defendant’s uncontrollable and inappropriate displays of anger in the child’s presence.
In Sinicropi v Mazurek, 273 Mich App 149, 729 NW2d 256 (2006), the mother contended that the trial court did not address the father’s acknowledgment of the danger of drinking while he was taking anti-depressants. The trial court found that the factor weighed equally. The trial court did mention the father’s depression and that it did not appear to interfere with his ability to parent effectively, and there was no evidence that the father drank regularly or that his depression was not under control. Therefore, the trial court’s finding was not against the great weight of the evidence. see www.attorneybankert.com

Testimony by a psychologist or other professional regarding the best interests factors is governed by MRE 702, Testimony by Experts, which provides that an expert witness may testify “if (1) the testimony is based on sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.”

The court is authorized by the Child Custody Act to use “a guardian ad litem or the community resources in behavioral sciences and other professions in the investigation and study of custody disputes and consider their recommendations for the resolution of the disputes.” MCL 722.27(1)(d). See form 1.9.

For a discussion of guidelines for child custody evaluations, and suggested readings, see the Guidelines for Child Custody Evaluations in Divorce Proceedings, adopted by the American Psychological Association (APA), 49 Am Psychologist 677 (1994), available on the APA Web site, http://www.apa.org/practice/childcustody.html. For a list of psychological tests commonly used in child custody evaluations, see exhibit 3.1. For suggested readings on the ethics of psychological assessments in custody cases, see exhibit 3.2.

Otsego County

Otsego
225 W Main StGaylord, MI 49735(989) 732-6484
http://www.otsegocountymi.gov/

Area: 515 smEst: 1875Pop: 23,301Pop/sm: 45.3Seat: Gaylord


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Terry R. Bankert P.C.

http://attorneybankert.com/