Michigan courts make child custody determinations based on what serves the best interests of the child. Understanding how courts apply it can help you prepare for custody proceedings and better understand the factors that may influence the court’s decision regarding custody and parenting time.
What Does “Best Interest of the Child” Mean?
When deciding on legal custody and parenting arrangements, Michigan judges review specific legal factors to determine what situation may best support a child’s well-being, stability, and development. Michigan law outlines these factors to help courts evaluate each family’s circumstances.
The 12 Key Factors Michigan Courts Consider in Custody Decisions
Michigan law lists 12 specific best interest of the child factors courts must review when deciding what custody arrangement may serve a child’s needs:
- The emotional ties and relationship between each parent and the child
- Each parent’s ability to provide love, guidance, and education
- Each parent’s ability to provide food, clothing, medical care, and other needs
- The length of time the child has lived in a stable environment
- The permanence and stability of each parent’s household
- The moral fitness of each parent
- The mental and physical health of each parent
- The child’s home, school, and community record
- The child’s reasonable preference, if mature enough
- Each parent’s willingness to support the child’s relationship with the other parent
- Any history of domestic violence
- Any other relevant factor that the court considers important in the custody dispute
How Michigan Courts Evaluate Each Best Interest Factor
Michigan courts don’t treat these factors as a checklist where each factor carries the same weight. Instead, judges review the evidence to evaluate how each factor applies to the child’s life. Depending on the facts of the case, some factors may influence the court’s decision more than others.
The Role of Stability and the Established Custodial Environment
The courts also examine whether a child has an established custodial environment with one or both parents. This refers to a stable living situation where the child looks to a parent for guidance, discipline, and care. If such an environment exists, courts may require stronger evidence to justify changing custody arrangements or parenting time schedules.
Child Preferences and Other Influential Factors in Michigan Custody Cases
A child’s preference may also influence a custody decision if the court believes the child is mature enough to express a reasonable opinion. Evidence of domestic violence and the parents’ willingness to support the child’s relationship with each other can also influence a judge’s decision.
When to Speak With a Michigan Child Custody Attorney About Your Case
If you’re facing a custody decision and wish to preserve your relationship with your child, it’s time to reach out to an experienced child custody lawyer to discuss your options. Alward Fisher has over 100 years of combined experience serving clients in Traverse City and throughout Michigan. We can help you prepare for a custody hearing and work with you to pursue the outcome you desire. Contact us today to arrange an initial consultation with an attorney.
