MICHIGAN CHILD CUSTODY FACTORS

In a custody dispute the judge, conciliator or referee is tasked with determining what is in the best of interest of the minor child(ren) by considering the following factors as a whole (MCL 722.23):

1. The love, affection and other emotional ties existing between the parties and the child,
2. The capacity and disposition of the parties to give the child love, affection and guidance and to continue the education and raising of their child in their religion or creed,
3. The capacity and disposition of the parties to provide the child with food, clothing and medical care,
4. The length of time the child has lived in a stable and satisfactory environment with the party and the desire to maintain that,
5. The permanence of the family unit,
6. The moral fitness of the parties,
7. The mental and physical health of the parties,
8. The willingness and ability of the parties to encourage a close parent child relationship with the other parent,
9. Any domestic violence that has occurred involving the parties or to which the child was exposed,
10. Any other relevant factor,
11. The home, school and community record of the child; and,
12. The reasonable preference of the child if the child is of a sufficient age to communicate a reasonable preference.

If the case is an initial determination of custody, the required standard of proof is to demonstrate what is in the best interest of the child by a preponderance of the evidence. Once an established custodial environment is established by a child over an appreciable period of time learning to look to the custodian in that environment for guidance, discipline and the necessities of life (MCL 722.27(1)(c)) custody cannot be changed without clear and convincing evidence that changing it is in the child's best interest. However, changing parenting time only requires that it be shown by a preponderance of the evidence that the change in parenting time (which does not amount to a change in custody) is in the child's best interest. It can be difficult to navigate the system; we are available for consultation on these matters.