Michigan 12 Best Interest Factors Explained: What Kalamazoo County Fathers Need to Know About How Judges Decide Custody and Parenting Time

When a judge makes a custody or parenting time decision in Michigan family court, they are not guessing. They follow Michigan law and apply exactly 12 specific factors to determine what is in the best interests of the child. These factors apply whether you are married or unmarried, whether you are filing for divorce or seeking custody as a first time parent, whether you are seeking to change an existing order, whether you are seeking parenting time, or whether you are seeking to modify custody.

In Kalamazoo County family court, every custody and parenting time decision must be based on these 12 factors. Understanding what they mean and how a judge applies them is critical information for any father navigating the Michigan family court system.

The Legal Foundation

Michigan law defines the best interests of the child in MCL 722.23. The statute lists 12 factors that a court must consider, evaluate, and determine. A judge cannot skip any factor. Each factor must be considered and the court must make specific findings on the record.

MCL 722.27a, which governs parenting time, states that parenting time shall be granted in accordance with the best interests of the child. The law creates a presumption that it is in the best interests of a child to have a strong relationship with both of their parents. Unless there is clear and convincing evidence that parenting time would endanger the child's physical, mental, or emotional health, the law requires that parenting time be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent.

The 12 Best Interest Factors

Factor (a). The love, affection, and other emotional ties existing between the parties involved and the child. The court examines who the child is bonded with, who the child goes to with a problem, how each parent relates with the child, how much time each parent spends with the child each day, how often each parent makes the child's meals, how often each parent bathes the child, how often each parent puts the child to bed, how often each parent reads the child stories, and whether the parents are able to separate the child's needs from their own. The court also considers how affectionate the child is with each parent.

Factor (b). The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue educating and raising the child in the child's religion or creed, if any. The court looks at who stays home from work if the child is sick, who usually handles school and homework issues, who usually handles sports and other activities, how each parent disciplines the child, how each parent talks to the child, how often each parent involves the child with grandparents uncles aunts and others, and who takes the child to church or other religious events if the family is religious.

Factor (c). The capacity and disposition of the parties involved to provide the child with food, clothing, and medical care or other remedial care recognized under the laws of this state in place of medical care, and other material needs. The court examines who buys clothes toys food and other items for the child, who attends to any special needs of the child, the earning capacity of each parent, who has flexibility in their work hours, the job stability of each parent, who can provide health insurance for the child, who makes doctor's appointments for the child and takes the child to the doctor, who arranges for childcare, whether child support can be used to make things more equal if one parent earns more than the other, whether there is a child support order and if the parent paying support is doing so, and if there is no order whether the parents are providing for the child's needs.

Factor (d). The length of time the child has lived in a stable satisfactory environment, and the desirability of continuing it. The court considers who provides a stable secure and safe home environment for the child, who can provide more stability for the child, whether either parent has moved recently and if so why, and how the child has adjusted to the move.

Factor (e). The permanence as a family unit of the existing or proposed custodial home or homes. The court examines who is in each parent's family unit and whether the child will live with siblings or half siblings.

Factor (f). The moral fitness of the parties involved. The court looks at whether either parent has had an extra marital affair the child knew about, whether there has been physical or verbal abuse alcohol or drug abuse poor driving records physical or sexual abuse of the child criminal records or other negative behaviors by either parent, how these behaviors have affected the child, and how these behaviors have had a significant influence on that parent's parenting skills.

Factor (g). The mental and physical health of the parties involved. The court considers whether either party has a physical or mental health problem that significantly interferes with their ability to care for the child.

Factor (h). The child's home school and community record. The court examines how each parent encourages and influences attendance at school, who goes to school conferences and activities, who will make sure the child sees and talks to their friends, and who supervises the child's home responsibilities like chores and who helps the child with homework.

Factor (i). The reasonable preference of the child if the judge considers the child to be old enough to express a preference. It is up to the judge to decide whether a child is old enough to state a preference. The judge will give more weight to this factor with children who are older or more mature. There is no specific age at which a child can decide where he or she wants to live. The preference of the child will not be shared with anyone including lawyers parents or siblings.

Factor (j). 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. The court examines how each parent will cooperate with the parenting time schedule, whether either parent criticizes the other parent in front of the child, and whether each parent will encourage a relationship between the child and the other parent. The law specifically states that a judge may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child's other parent.

Factor (k). Domestic violence regardless of whether the violence was directed against or witnessed by the child. The court looks at whether either parent has been threatening emotionally abusive verbally abusive or physically violent and whether there has been a pattern of domestic violence including physical and non physical abuse.

Factor (l). Any other factor the judge considers relevant. This catch all factor allows the court to consider any other relevant circumstances. Examples include whether a child has special needs and how each parent takes care of those needs, whether either parent has threatened to kidnap the child, whether either parent has missed visits with the child or failed to return the child from visits, whether there are siblings or other children whose custody is relevant to this child's custody arrangement, whether there are significant others or new spouses whose relationship with the child affects the child's best interest, whether there is a possibility that two or more of the children may be separated, and how far apart the parents live.

How Judges Apply the Factors

Judges do not simply tally up points. Each factor is evaluated according to the evidence presented and some may carry more weight depending on the circumstances. The court looks at the whole picture holistically. No single factor determines the outcome.

The court must consider and make a decision about each factor. The judge must review testimony financial records school and medical documents and in some cases reports from court appointed evaluators. Every decision must be grounded in the evidence.

Because each factor can be interpreted differently working with an experienced family law attorney helps parents present a clear well supported case. Your attorney can organize documentation prepare witnesses and highlight how the factors align with your situation.

Special Rules for Parenting Time

MCL 722.27a contains additional provisions for parenting time. The law creates a presumption that parenting time shall be granted to a parent in a frequency duration and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.

If the parents of a child agree on parenting time terms the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child.

A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical mental or emotional health.

The law includes specific provisions for cases involving criminal sexual conduct. If a proceeding regarding parenting time involves a child who is conceived as the result of acts for which one of the child's biological parents is convicted of criminal sexual conduct or is found by clear and convincing evidence in a fact finding hearing to have committed acts of nonconsensual sexual penetration the court shall not grant parenting time to that biological parent. This prohibition does not apply to a conviction under section 520d1a of the Michigan penal code which specifically excludes certain circumstances. This subsection does not apply if after the date of the conviction or the date of the finding in a fact finding hearing described in this subsection the biological parents cohabit and establish a mutual custodial environment for the child.

Established Custodial Environment

Michigan courts also consider whether a child has an Established Custodial Environment ECE. An ECE is a stable secure arrangement that has existed for a significant time. If a child has primarily lived with one parent for months or years and that environment has provided consistent care and emotional security the court treats it as an ECE.

If the court finds there is an ECE the standard of proof required to change custody becomes more difficult. To change custody from an ECE a parent must show by clear and convincing evidence that the change would better serve the child's best interests. This standard makes it harder to alter long standing living arrangements especially when a child is thriving.

What Fathers Need to Know

Understanding these factors is essential for fathers seeking custody or parenting time in Kalamazoo County family court. The factors apply equally to both parents. Fathers have the same rights and obligations as mothers under Michigan law once paternity is established.

If you are an unmarried father you must first establish paternity before you can seek custody or parenting time. Once paternity is established either through an Affidavit of Parentage or court order the judge will apply the same 12 best interest factors used in every Michigan custody case.

Documenting Evidence

• Your involvement in your child's daily life including meals bedtime routines and activities
• Your ability to provide for your child's needs including financial support healthcare and education
• Your willingness to encourage and facilitate a relationship between your child and the other parent
• Your work schedule and flexibility to accommodate parenting time
• Your residence stability and permanence as a family unit

The Bottom Line

Michigan judges decide custody and parenting time matters by applying exactly 12 statutory factors. Every factor must be considered and the court must make specific findings on the record. The law presumes that it is in the best interests of a child to have a strong relationship with both parents. Fathers have equal rights under Michigan law once paternity is established.

Understanding these factors and how to present evidence related to each one is critical for success in Kalamazoo County family court. Fathers who understand the law and prepare their cases accordingly are better positioned to achieve outcomes that serve their children's best interests.

Sources

• MCL 722.23 Best interests of the child defined from the Michigan Legislature
• MCL 722.27a Parenting time from the Michigan Legislature
• The Best Interests of the Child Factors from Michigan Legal Help
• How Judges Decide Parenting Time 12 Factors for Child Custody in Michigan from The Rubinstein Law Firm
• A Guide to Unmarried Fathers Rights in Michigan from American Divorce Association
• Changing a Custody Order from Michigan Legal Help
• FRIEND OF THE COURT ENFORCEMENT OF PARENTING TIME ORDERS from Michigan Courts