Best Interests of the Child: Michigan Child Custody

Michigan child custody laws provide that the best interests of the child be the primary consideration in any child custody dispute. To this end, the court is required to consider twelve factors when deciding what is in the child's best interests regarding custody.

No one factor indicates how custody should be awarded. The best interests of the child means the sum total of the statutory best interests of the child factors to be considered, evaluated, and determined by the court....and its important to remember that the initial presumption is that it is in a child's best interests to have a relationship with both parents.

The 12 Factors In a "Best Interests of the Child" Determination:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(l) Any other factor considered by the court to be relevant to a particular child custody dispute.