Child Custody Determinations in Michigan: Not in the Best Interest of Children or Parents Comment 81 University of Detroit Mercy Law Review 2003-2004

81 U. Det. Mercy L. Rev. 333 (2003-2004)
Child Custody Determinations in Michigan: Not in the Best Interest of Children or Parents

handle is hein.journals/udetmr81 and id is 375 raw text is: COMMENT
Child Custody Determinations in
Michigan: Not in the Best Interests of
Children or Parents
When I asked him the usual question that we ask all children of
divorce - if you had three wishes, what would they be? - he said, I
want to die. Startled at this unexpected response, I said, Why?
What would happen if you died? If I were dead, the little boy
said in a somber tone, I'd be in heaven. My dad would be there.
My mom would be there. And we'd live in the same house. '
Divorce is reported to be one of the most traumatic events in a
child's life, second only to death of a family member. An analysis of
Michigan custody legislation yields the conclusion that the
Legislature has tried to ameliorate the damaging effects of divorce on
children. However, current custodial standards still fail children and
parents alike. While the divorce is an inherently negative experience
for parents and children, current methods of dividing custody only
exacerbate the problem.
Recent proposed legislation in Michigan has attempted to
address some of the problems inherent to custody disputes.
However, to date, such proposals have remained just that; Michigan
child custody laws remain problematic and outdated. This comment
will identify the problems with Michigan's current Child Custody Act
and recommend models for change. Part One discusses the history
of child custody determinations in Michigan. Part Two discusses the
downfalls of the current methods by which custody disputes are
resolved. Part Three examines other jurisdictions' and scholars'
solutions to these problems. Finally, Part Four recommends changes
to the current law in Michigan and discusses the benefits.
1. Honorable Ronald L. Solove, Confessions of aJudicial Activist, 54 OHIO ST. L.J.
797, 799 (1993).
2. Honorable Edward Sosnick, Oakland County's Divorce Education Program Helps
Parents Recognize That How Well Their Children Do Post-Divorce Depends Largely on the
Parents' Understanding of Their Children's Needs and the Impact on Children of Parents'
Attitudes and Behaviors Toward Each Other, 80 MICH. BARJ. 34, 35 (2001).

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