Written by Family Law Lawyer Amanda Chapman
Let’s face it – it’s no surprise that emotions run high
during a divorce where custody of the children is at issue. With divorce comes uncertainty, and
uncertainty regarding where your children will live, and with whom, is a
nightmare for most parents.
Sometimes, when in the midst of doing battle for those that we
hold most dear, we think in terms of winning “at any cost.” But be wary if you
find yourself contemplating such thoughts – you may do yourself more harm than
good.
To illustrate the point, a recent unpublished
Michigan Court of Appeals opinion, Henry. Henry (decided December 22, 2011) involved a divorcing couple, Christine
and Doug, and their six children. The
parents were both battling for custody of the children, which resulted in a
trial held in Wayne Circuit Court. The trial court was required to contemplate
the statutory “best interests” factors, which include making a determination as
to the “moral fitness of the parties involved.”
In weighing the “moral fitness” best interest factor, a
trial court must determine a party’s fitness as a parent, looking to the
parent-child relationship and how that parent’s conduct affects that
relationship. In the Henry divorce, the trial court heard testimony from various
individuals who suggested that Christine had filed false reports [involving
issues of possible child abuse or neglect] with several professionals and
agencies. Ultimately, the trial court did not find Christine’s testimony
credible, as the court weighed more heavily in favor of witness testimony which
supported Doug’s claims that the reports were “inaccurate, manipulative, and
designed to force additional investigations.
The court, in evaluating the “moral fitness” best interest
factor, must determine the effect of a parent’s conduct on the relationship
with their child. In this instance, the trial court deemed this factor to weigh
in favor of Doug, determining that Christine’s false reports to various
agencies “could have a negative effect on the children.” The Court of Appeals, in reviewing the trial
court’s decision, deferred to the trial court, as this was ultimately an issue
of credibility.
The moral of this story: don’t make false claims against the
other parent in an effort to make them look bad in your custody case. Not only
does it waste precious resources for those who need protection, but it might
ruin your credibility in the eyes of the Court.
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2 comments:
Amanda, nice job on this post. You are so right, false claims do nothing but harm the children. Thank you for this information.
Too bad you are making your statements without seeing all the facts. Check the CPS file. You will be surprised! Or maybe you won't because you are just as corrupt as the system is.
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