ROSCOMMON CHILD CUSTODY DECISION LOOKS AT FACTOR (C ) AND PUNISH PARENT WHO DOES NOT WORK (810) 235-1970.

WHEN THE ROSCOMMON CHILD CUSTODY COURT LOOKS AT Factor “c”: Providing for the Child’s Needs IT FINDS.

Factor “c” can include the disposition to provide for the child’s material needs as shown by a parent’s having little inclination to pursue a job with more than a minimal income, McCain v McCain, 229 Mich App 123, 580 NW2d 485 (1998), or by a parent’s failure to inform the other parent that medical insurance coverage is now available, Bowers v Bowers, 198 Mich App 320, 497 NW2d 602 (1993). It is proper to rely on the facts established at the custody hearing rather than speculating on a party’s future employment. Hilliard v Schmidt, 231 Mich App 316, 586 NW2d 263 (1998).
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In Barringer v Barringer, 191 Mich App 639, 479 NW2d 3 (1991), the trial court did not improperly emphasize defendant’s higher earning capacity in finding that this factor favored defendant over plaintiff, who was a homemaker.
“Factor c does not contemplate which party earns more money; it is intended to evaluate the parties’ capacity and disposition to provide for the children’s material and medical needs. Thus, this factor looks to the future, not to which party earned more money at the time of trial, or which party historically has been the family’s main source of income.” Berger v Berger, 277 Mich App 700, 712, 747 NW2d 336 (2008). SEE http://www.attorneybankert.com/

In MacIntyre v MacIntyre (On Remand), 267 Mich App 449, 705 NW2d 144 (2005), the evidence showed that both parties were willing and able to provide for the child. However, the trial court weighed factor “c” in favor of plaintiff based on defendant’s evasive testimony regarding her reasons for discontinuing the child’s therapy sessions.

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Roscommon County

Roscommon
http://www.roscommoncounty.net/
500 Lake StRoscommon, MI 48653(989) 275-5923
Area: 521 smEst: 1875Pop: 25,469Pop/sm: 48.8Seat: Roscommon

Terry R. Bankert P.C.

http://attorneybankert.com/