While parents are often encouraged to create their own agreements regarding child custody, the task is sometimes impossible, especially if the two share a contentious relationship. When discussions and negotiations outside of the courtroom fail, the judge presiding over the case will step in to make the final custody decision. Michigan courts consider a wide range of factors when determining child custody to ensure their decision is the best possible outcome for the child. To learn more and secure skilled representation during your case, consult with an Oakland County child custody lawyer today.

What Factors Do Courts Consider in Child Custody in MI?

The most important thing that courts consider in Michigan is what custody arrangement will prioritize the “best interests of the child.” The “best interests of the child” is a state standard that ensures the child does not endure substantial suffering as a result of their parents separating. Below are the factors that Michigan courts use to decide what is best for the child.

  1. The emotional ties between the child and each parent
  2. The ability and willingness of each parent to give the child affection and guidance
  3. The ability and willingness of each parent to meet the child’s basic and material needs
  4. Which parent has historically and can continue to provide the child with a stable home environment
  5. The family unit present at each parent’s home and its permanence
  6. The moral fitness of each parent, like whether they had an affair, have a substance abuse problem, criminal records, verbal abuse, or any other negative behaviors
  7. The mental and physical health of each parent and whether an issue interferes with their ability to care for the child
  8. The child’s home, school, and social record and which parent encourages the child to do their work, spend time with friends, attend school and sporting events, etc.
  9. The child’s preference, if they are old enough to express a reasonable opinion
  10. The ability and willingness of each parent to cooperate with the other and encourage the child to maintain a relationship with the other parent
  11. Whether there is evidence of domestic violence from either parent, regardless of if it was directed against the child or if the child witnessed it
  12. Any other factor that the judge deems relevant like the child’s special needs, if either parent has violated previous custody orders, if either parent has a new significant other, how far apart the parents live, and more

Every family situation is unique so it is important for the court to evaluate every aspect of the parents’ and child’s lives to determine what the best custody arrangement will be. The court’s top priority is ensuring the safety and happiness of the children involved. To learn more about your rights and secure representation during your case, reach out to a skilled family lawyer today.