5 Factors Michigan Courts Consider When Determining Custody

Michigan law gives family law judges significant latitude to decide who gets physical and legal custody of a child. As long as the judge has reason to believe their decisions are in the child’s best interests, the custody orders will stand.

However, a judge does not get to invent a definition of “best interests” out of thin air. Instead, they must consider several factors when deciding what custody arrangements will best serve the child’s overall well-being.

What Matters to a Michigan Judge in Custody Battles

When deciding what is in a child’s best interests, courts consider a total of 12 factors. A court can weigh each factor as it deems appropriate. However, five of these factors often carry significant weight in family law courts.

1. Bonds With the Child

First, a court will take note if one parent has an especially strong bond with the child. A parent with a demonstrable loving bond with their child has usually invested considerable time and effort in nurturing that bond. The presence of such a bond indicates the parent will likely look after the child’s physical and emotional needs.

2. Parents’ Financial Resources

Judges should not make custody decisions solely or even primarily based on which parent earns more. This does not mean that finances are irrelevant. Parents who lack the resources to care for their child’s physical, medical, and other needs may face a more challenging time obtaining primary custody in a dispute.

3. Continuity of Environment

Changes to a child’s routine can be disruptive and upsetting. Courts will note whether a custody decision will allow the child to remain in a familiar home, community, and school. This factor becomes more important as the child gets older and develops friends and connections outside of the home.

4. Fitness of the Parties

A child’s needs go beyond food and shelter. A judge will consider each parent’s suitability to be the primary caretaker of a child before awarding that parent custody. If the parent has significant health issues or a lifestyle that is detrimental to the child’s overall well-being, that parent might not receive the custody orders they seek.

5. Child’s Request

Judges are permitted to consider a child’s preferences when deciding where the child should live and who should have primary custody of the child. When accepted, a child’s stated preferences may carry significant weight. These opinions are more persuasive when shared by older children who demonstrate thoughtful consideration of the issue.

Contact an Experienced Michigan Child Custody Lawyer Today

Child custody disputes are complicated and emotional matters. Without the proper information, a court can enter orders that do more harm than good to your child’s well-being. Your chances of prevailing may depend on providing the court with the testimony and evidence it needs to determine your child’s best interests.

When you hire Gucciardo Family Law, you can rely on an experienced attorney to thoroughly present your case, providing the court with all of the relevant details it needs to decide your child’s future. Contact us to learn more about how we can strengthen your case for custody and protect your child’s interests.