The 12 Factors That Decide Child Custody in Michigan
When you're a parent going through a divorce or separation, this is the only question that matters. What will happen to my kids? You've probably heard the phrase "best interests of the child," but what does that actually mean in a Michigan courtroom?
In Michigan, the court doesn't "pick sides" or reward one parent. Instead, a judge must make a decision based on 12 specific factors listed in the law. No single factor is the most important, the judge has to look at all of them together to create a picture of the child's life.
Love, Stability, and Basic Needs
A huge part of the decision focuses on the child's daily life. The court will look at the love and affection between each parent and the child. It will also look at each parent's ability to provide basic needs, not just food, clothing, and a safe home, but also love, guidance, and medical care.
Judges place a lot of weight on stability. They will look at the "established custodial environment", which parent has been the primary caregiver? Which parent takes them to school and the doctor? The court is often reluctant to make big changes if a child is already in a stable, healthy home.
Each Parent's Health and "Fitness"
The court will consider the physical and mental health of the parents. This isn't meant to punish someone for having a health condition, but the judge must be sure that each parent is healthy enough to care for a child.
The law also includes the "moral fitness" of the parents. This isn't about judging personal choices, but rather about whether those choices could negatively affect the child. A much more serious factor is any history of domestic violence. If domestic violence is proven, it becomes a major factor in the court's decision.
The Child's World and Preferences
The child's life outside the home matters, too. The judge will look at the child's school, home, and community connections. They want to know which parent is more likely to keep the child involved in these positive activities.
What about what the child wants? The court will consider the "reasonable preference of the child." This depends heavily on the child's age and maturity. A 16-year-old's opinion will carry much more weight than a 6-year-old's. The judge will try to figure out if the preference is genuine or if the child is being influenced by one parent.
Willingness to Co-Parent
This is a big one. The judge will look at how willing each parent is to support the child's relationship with the *other* parent. If you are constantly bad-mouthing your ex, blocking phone calls, or interfering with parenting time, the court will see that. They want to see which parent is going to be mature and flexible enough to co-parent successfully.
You Need a Lawyer Who Understands This
As you can see, this is not a simple checklist. A judge has to weigh all 12 of these factors. It's not just about what you say, but what you can prove with evidence and testimony.
At Shiraz Law Firm, we've guided countless parents through this. Our job is to help you tell your story in a way that shows the court how you meet your child's best interests. Your family's future is on the line, and you don't have to face it alone.
