One of the hardest parts of the divorce process for parents is custody disputes. As children grow older they may express preferences about which parent they want to live with for the majority of their time. While their wishes may carry some weight, a child cannot generally choose which parent to live with in Michigan. Consult with an experienced Oakland County child custody lawyer for skilled representation and legal advice.

What Types of Custody Exist?

Custody refers to the legal rights and responsibilities of parents to make decisions regarding their child’s care, upbringing, and welfare. Michigan law defines two types of custody: legal and physical.

Legal custody refers to the right to make significant decisions about a child’s life including their education, healthcare, and religious upbringing. Physical custody refers to where the child lives and who cares for them day-to-day.

Both legal and physical custody can be joint, as in shared by both parents or sole, as in granted to only one parent. Michigan courts generally favor joint custody arrangements where both parents share responsibility for raising and caring for the child. The ability to maintain stable relationships with both parents is associated with a better outcome for the child’s growth and development.

Can My Child Choose Which Parent to Live with in MI?

While most custody arrangements are shared between parents, one individual must be appointed the custodial parent, the adult who has physical custody of the child the majority of the time.

A child is not given the authority to choose which parent they want to live with unless they are over the age of 18 and therefore emancipated under state law. However, the law does recognize the importance of the child’s preferences, especially if the child is old enough to understand the situation fully.

While a child’s wishes are not the determining factor, a court will take them into account when making custody decisions.

How is Custody Determined?

Michigan courts make custody decisions based on what is in the best interest of the child. This means that the court will evaluate a variety of factors to determine what arrangement will be the most beneficial for the child’s physical, emotional, and psychological well-being.

Important considerations include:

  • The stability of the home environment of each parent
  • The relationship between the child and either parent
  • Each parent’s ability to meet the physical and emotional needs of the child
  • The physical and mental health of each parent
  • Either parent’s history of domestic violence, abandonment, or neglect
  • The child’s preference

The above and more are important factors to consider when determining child custody.

In general, the older and more mature the child is, the more weight their opinion will carry during custody proceedings. To learn more about your parental rights and responsibilities, contact an experienced family lawyer today.