Custody decisions in Michigan are not about finding custody agreements that work best for the parents. Instead, judges prioritize the children. Courts examine each case to find an arrangement that best promotes a child’s safety, stability and well-being. To accomplish this, they must first determine which arrangement best serves the interests of a child.
What does it mean to have a child’s “best interests” in Michigan?
Under Michigan Compiled Laws Section 722.23, courts must consider a list of factors when deciding custody. No single factor automatically controls the outcome. Instead, the judge weighs all relevant factors based on the evidence presented. Major factors judges may consider to determine a child’s best interests include:
- The emotional ties between the child and each parent
- Each parent’s capacity to offer love, guidance, education and religious upbringing
- Each parent’s ability to offer clothing, medical care, attention and other material needs
- The amount of time a child spends living in a stable environment and the importance of maintaining continuity
- The permanence of the custodial home
- The moral wellness of the parties
- The physical and mental health of the parties
- The child’s home, school and community record
- The child’s preference, if the court determines the child is old or mature enough
Other factors include each parent’s ability and willingness to facilitate a close relationship between the child and the other parent, as well as whether or not a parent has a history of abuse or domestic violence. Michigan law requires courts to specifically address domestic violence, even if the violence was not directed at the other parent. Michigan courts also use other factors they deem relevant in a custody dispute.
What is the significance of parenting time in Michigan?
Parenting time must also serve the best interests of a child. Courts generally presume that it is in a child’s best interests to have a strong relationship with both of their parents, unless parenting time would endanger the child’s physical, mental or emotional health.
What does this mean for parents?
Ultimately, judges rely on evidence to help them decide what is best for a child. Helpful evidence may include school and medical records, documented parenting schedules, communication showing cooperation and credible witness testimony. Concerns such as domestic violence, substance abuse, unstable housing or failure to follow court orders can significantly affect the court’s analysis.
By focusing on the statutory factors and demonstrating a stable, child-centered plan, parents can align their custody requests with what Michigan courts are legally required to decide. This way, parents can prove that they will prioritize the well-being, security and growth of their children.