What are the "Best Interest Factors" in a Child Custody Case?
Jan. 7, 2023
As a law firm, we often receive questions from clients about child custody and the factors that are taken into consideration in Michigan when determining what is in the best interests of the child. If you are involved in a child custody case, it is important to understand these factors and how they may impact the outcome of your case.
In Michigan, the primary consideration in any child custody case is the best interests of the child. The court will consider a number of factors when determining what is in the best interests of the child, including:
1. The love, affection, and other emotional ties between the child and each parent.
2. The capacity and disposition of each parent to give the child love, affection, and guidance, and to continue the education and raising of the child in his or her religion or creed, if any.
3. The capacity and disposition of each parent to provide the child with food, clothing, medical care, and other necessary care and to provide a suitable home.
4. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
5. The permanence, as a family unit, of the existing or proposed custodial home or homes.
6. The moral fitness of the parties involved.
7. The mental and physical health of the parties involved.
8. The home, school, and community record of the child.
9. The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
10. 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.
It is important to note that these factors are not exhaustive and the court may consider any other relevant factors in determining what is in the best interests of the child.
If you are involved in a child custody case in Michigan, it is important to seek the assistance of an experienced family law attorney. An attorney can help you understand the legal process and advocate for your rights and the best interests of your child.