Michigan Custody Laws: Can a Child Choose Who to Live With?

A child custody battle is one of the hardest things a parent will ever have to go through, but the truth is that it could end up being equally difficult for children caught in the crossfire. On the one hand, it’s good for children to know that both of their parents love them and want them, but when kids are coping with the pain, sadness, and anger associated with parents divorcing, having to deal with a contentious custody battle on top of it could be overwhelming.

Even more terrifying for most kids is the prospect of having to choose one parent over another. Of course, there are cases in which the child has a clear preference because one parent is more fit than the other in some way. The question is: can children in custody cases choose who they want to live with? Here’s what you need to know about Michigan custody laws.

Best Interest Factors
There are twelve different factors concerning the best interests of children for courts to consider when determining child custody, among them the bond between parents and children, each parent’s capacity to provide (financially, emotionally, and so on), the stability of the home environment, willingness to co-parent, and more. In addition, a judge may elect to factor in “the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference”.

What is the Threshold for Sufficient Age?
Although courts may consider the reasonable preference of the child in custody cases, the caveat is that the child must be deemed to be of sufficient age to participate. What does this mean in the state of Michigan? For starters, any child age 17 or older can choose the parent he/she prefers to live with.

t’s much less simple for children under the age of 17. Generally speaking, a judge will take the time to interview children between the ages of 9 and 17 to find out what their preferences are when it comes to living arrangements and child custody. There’s no telling how strongly this preference will factor into the judge’s decision, though.

Courts also have discretion to interview children as young as 6 years old, if a judge deems them to be mature enough to offer an opinion. Even so, the judge will have to determine if the child is acting in their own best interests or simply choosing the parent that is more lenient, for example.

Ultimately, Courts Decide
If parents can’t come to a reasonable agreement for sharing child custody on their own, the courts must intervene and make a decision for them after carefully considering the circumstances and factors involved. In such cases, judges may consider the preference of the child as one factor, weighed against many other factors. Ultimately, however, the judge will have to make a determination that he/she feels is in the overall best interests of the child.

Divorce and child custody proceedings can be understandably harrowing for parents. If you want the best possible outcome, call 248-723-5190 today to consult with the expert attorneys at The Gucciardo Law Firm.