In family law cases involving children, one of the most important things that must be considered is what is in the child’s best interest. The “best interest of the child” standard is a principle that guides every decision made by a Michigan court. While important and beneficial for the child, the term is often subjective and complex. To learn more about what the “best interest of the child” really is and how it is upheld, continue reading and consult with an experienced Oakland County family lawyer today.

What Does the “Best Interest of the Child” Really Mean in an MI Court?

There is no technical definition for what the “best interest of the child” really is, as family matters are subjective. Every family is different so one set definition would not apply to each unique situation.

However, the child’s best interest generally refers to whatever situation prioritizes the child’s safety, emotional well-being, development, and overall happiness. It puts the child’s needs above the parents’ and ensures that the child will live in a safe, stable, and supportive environment.

How is the Child’s Best Interest Determined?

While there is no straightforward definition of what the “best interests of the child” will look like for each family, Michigan law outlines the set of factors that a judge is required to consider when making custody or parenting time decisions. MCL 722.23 of the Child Custody Act of 1970 states that the sum total of the following factors will help a court assess the overall impact that each parent’s living situation will have on the child, therefore determining what is in the child’s best interest.

  • The love, affection, and other emotional ties existing between the parties involved and the child
  • The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue educating and raising the child in the child’s religion or creed, if any
  • The capacity and disposition of the parties involved to provide the child with food, clothing, and medical care or other remedial care recognized under the laws of this state in place of medical
  • care, and other material needs
  • The length of time the child has lived in a stable, satisfactory environment, and the desirability of continuing it
  • The permanence, as a family unit, of the existing or proposed custodial home or homes
  • The permanence, as a family unit, of the existing or proposed custodial home or homes
  • The mental and physical health of the parties involved
  • The mental and physical health of the parties involved
  • The reasonable preference of the child, if the judge considers the child to be old enough to express a preference
  • 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
  • Domestic violence, regardless of whether the violence was directed against or witnessed by the child
  • Any other factor the judge considers relevant, including the child’s special needs, whether either parent has violated the custody agreement, where the child’s siblings live, if they have any, and more

If you have questions or concerns about your rights as a parent, reach out to a skilled family lawyer for more information today.