ABSTRACT

Numerous attempts have been made to clarify those factors that can be used to determine the best interests of the child (Uniform Marriage and Divorce Act, 1974, Michigan Child Custody Act, 1970). These standards focus on the ability of the parent to provide for the emotional, physical, educational, and social needs of the child. Although custody determinations are made daily by the courts, from a psychological point of view, it can easily be argued that the best interests of the child are met by being raised by parents who love each other and love the child. Anything less is not in the child's best interests. Since divorce is likely to have a negative impact on the emotional well-being of the child, the problem becomes one of finding the least damaging solution. As a result, the courts have turned increasingly to mental health experts to assist in unraveling the complicated emotional needs and issues which arise in the course of custody litigation.