Child Custody Best Interest Factors
When determining child custody in Michigan, courts prioritize the child’s well-being by evaluating the “best interest of the child” factors under MCL 722.23. These 12 factors guide judges in making decisions that promote a stable, nurturing environment for the child. At Revolution Law PLC, we understand the weight of these factors and work tirelessly to present a compelling case that protects your parental rights and your child’s future. Below, we break down each factor with a clear, concise explanation to help you understand how courts approach custody decisions.
1. Love, Affection, and Emotional Ties
This factor examines the strength of the emotional bond between the child and each parent. Courts look at who provides consistent love, comfort, and emotional support to foster a secure relationship.
2. Capacity to Provide Love, Affection, and Guidance
Courts assess each parent’s ability to nurture the child emotionally and provide guidance on education, morals, and life skills. This includes fostering a positive environment for growth and development.
3. Ability to Meet Material Needs
This focuses on each parent’s capacity to provide essentials like food, clothing, shelter, and medical care. Courts consider financial stability and access to resources to meet the child’s daily needs.
4. Length of Time in a Stable Environment
Stability is key. Courts evaluate how long the child has lived in a consistent, secure home and the potential impact of disrupting that environment, prioritizing continuity where possible.
5. Permanence of the Family Unit
This factor looks at the long-term stability of the proposed custodial home, including the reliability of the family structure and any supportive relatives or step-parents involved.
6. Moral Fitness of the Parents
Courts consider each parent’s character and behavior, focusing on how their actions or lifestyle might positively or negatively influence the child’s moral development.
7. Mental and Physical Health of the Parents
The physical and mental well-being of each parent is evaluated to ensure they can handle the demands of parenting without compromising the child’s care or safety.
8. Home, School, and Community Record of the Child
This factor reviews the child’s adjustment to their current home, school, and community. Courts aim to minimize disruptions to established routines, friendships, and academic progress.
9. Child’s Preference (If Age-Appropriate)
If the child is mature enough (typically around 9 or older), the court may consider their reasonable preference for living with one parent, though this is not decisive on its own.
10. Willingness to Foster the Child’s Relationship with the Other Parent
Courts favor parents who encourage a positive relationship between the child and the other parent, assessing whether a parent supports co-parenting or undermines the other’s role.
11. History of Domestic Violence or Abuse
Any evidence of domestic violence, abuse, or neglect by either parent is heavily weighed. Courts prioritize the child’s safety and well-being above all else.
12. Any Other Relevant Factor
This catch-all allows courts to consider unique circumstances, such as special needs of the child, parental work schedules, or other factors impacting the child’s best interests.
Why These Factors Matter
Each case is unique, and courts weigh these factors based on the specific circumstances of your family. At Revolution Law PLC, Attorney Jean leverages his expertise in criminal and family law to advocate for outcomes that reflect your child’s best interests while protecting your rights. Whether navigating complex custody disputes or addressing related legal challenges, we are committed to achieving positive results with compassion and tenacity.
Ready to discuss your custody case? Contact us today to schedule a consultation and learn how we can fight for you and your child.