The 12 Best Interest Factors in Michigan Child Custody Law

When Michigan courts determine child custody, they take several factors into consideration, all with the intent of serving the child’s best interest. As a parent, you need to understand these factors and how they could affect your bid for child custody. Here are the 12 best interest factors you should know about.

1. 1. The love, affection, and other emotional ties existing between the parties involved and the child. Does one parent stay home and raise the child while the other parent works or are both parents equally involved in child rearing? The court needs to know what kind of relationship parents and children share.
   2. 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. Parents are tasked with raising kids to be functional adults, and one parent might be more qualified in the eyes of the court.
   3. The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care. The court needs to determine if each parent is capable of providing basic life necessities for children.
   4. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity. No court wants to disrupt a child’s life by tearing him/her from a stable and positive living situation.
   5. The permanence, as a family unit, of the existing or proposed custodial home or homes. Who else is living in the custodial home? The presence of grandparents, siblings, or other supportive residents (or alternately, negative influences) could make a difference.
   6. The moral fitness of the parties involved. The court will take issues like past arrests and illegal or amoral activities into account when determining the moral fitness of both parents.
   7. The mental and physical health of the parties involved. Issues with mental and physical health could impact a parent’s ability to provide a stable and supportive home for kids.
   8. The home, school, and community record of the child. To an extent, children are a product of their environments. If kids are failing in school or getting in trouble in the community, their current custodial situation may not be suitable.
   9. The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference. In Michigan, kids age 17 or older can decide which parent to live with, while kids as young as 9 could be asked to voice their preference.
   10. 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. Ideally, kids should continue to have relationships with both parents, and both parents should be willing to facilitate this.
   11. Domestic violence, regardless of whether the violence was directed against or witnessed by the child. Child safety is the highest concern of the court.
   12. Any other factor considered by the court to be relevant to a particular child custody dispute.

Custody battles can be complex affairs, especially with the courts taking so many factors into consideration. For the best chance to state your case, partner with the experienced attorneys at The Gucciardo Law Firm by calling 248-723-5190 today.