Michigan's 12 Best Interest Factors Explained: What Kalamazoo County Fathers Need to Know About How Judges Make Custody Decisions
Every custody judge in Michigan must consider 12 specific factors when deciding child custody and parenting time. This guide explains each factor in plain language so Kalamazoo County fathers understand exactly how judges make custody decisions.
When a Kalamazoo County judge decides who gets custody or how much parenting time you get, they are not making it up. They are using 12 specific factors written into Michigan law. Every judge in the state must consider all 12 factors before making a custody decision.
These are called the best interest of the child factors. They are in MCL 722.23(b), the Michigan Child Custody Act.
Understanding these 12 factors is one of the most important things you can do if you are in a custody case. They tell you exactly what a judge looks at when deciding what is best for your children.
The 12 Best Interest Factors
Factor 1: Emotional Bonds with the Child
The first factor looks at the love, affection, and emotional ties between each parent and the child.
- Who is the child bonded with
- Who does the child go 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, puts the child to bed, and reads stories
- Whether parents can separate the child's needs from their own
- How affectionate the child is with each parent
This factor asks the fundamental question: Which parent does the child love and trust?
Factor 2: Capacity to Give Love and Guidance
The second factor looks at each parent's capacity and disposition to give the child love, affection, and guidance and to continue educating and raising the child in their religion or creed, if any.
- 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
- Who takes the child to church or other religious events if the family is religious
This factor asks: Which parent will actively raise the child with love and proper guidance?
Factor 3: Ability to Provide Basic Needs
The third factor looks at each parent's capacity and disposition to provide the child with food, clothing, medical care, and other material needs.
- 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
- Which parent has flexibility in their work hours
- How stable each parent's job is
- Which parent can provide health insurance for the child
- Who makes doctor's appointments and takes the child to the doctor
- Who arranges for childcare
- Whether child support can make things more equal if one parent earns more
- Whether there is a child support order and if the parent is paying
- Whether parents are providing for the child's needs if there is no order
This factor asks: Which parent can financially and practically provide for the child's basic needs?
Factor 4: Stability of Environment
The fourth factor looks at the length of time the child has lived in a stable, satisfactory environment and the desirability of continuing that stability.
- Which parent provides a stable, secure, and safe home environment
- Which parent can provide more stability for the child
- Whether either parent has moved recently and why
- How the child has adjusted to any move
This factor asks: Which parent offers the most stability and continuity for the child?
Factor 5: Permanence of Family Unit
The fifth factor looks at the permanence, as a family unit, of the existing or proposed custodial home or homes.
- Who is in each parent's family unit
- Whether the child will live with siblings or half-siblings
This factor asks: Which living arrangement keeps the child's family together in the most permanent way?
Factor 6: Moral Fitness of Parents
The sixth factor looks at the moral fitness of the parties involved.
- Whether either parent 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
- Whether these behaviors have had a significant influence on that parent's parenting skills
This factor asks: Which parent has better moral character and has not engaged in harmful behavior?
Factor 7: Mental and Physical Health
The seventh factor looks at the mental and physical health of the parties involved.
- Whether either party has a physical or mental health problem that significantly interferes with their ability to care for the child
This factor asks: Does either parent have health problems that prevent them from caring for the child properly?
Factor 8: Child's Home, School, and Community Record
The eighth factor looks at the child's home, school, and community record.
- 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
- Who supervises the child's home responsibilities like chores
- Who helps the child with homework
This factor asks: Which parent supports the child's education, social life, and community involvement?
Factor 9: Child's Preference
The ninth factor looks at the reasonable preference of the child, but only if the judge considers the child old enough to express a preference.
- Whether the 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 they want to live
- The child's preference will not be shared with anyone, including lawyers, parents, or siblings
This factor asks: If the child is mature enough, where do they want to live?
Factor 10: Willingness to Encourage Relationship with Other Parent
The tenth factor looks at the willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
- How each parent will cooperate with the parenting time schedule
- Whether either parent criticizes the other parent in front of the child
- Whether each parent will encourage a relationship between the child and the other parent
The law specifically states: A court 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.
This factor asks: Which parent supports the child having a relationship with both parents?
Factor 11: Domestic Violence
The eleventh factor looks at domestic violence, regardless of whether the violence was directed against or witnessed by the child.
- Whether either parent has been threatening, emotionally abusive, verbally abusive, or physically violent
- Whether there has been a pattern of domestic violence, including physical and non-physical abuse
This factor asks: Has there been any domestic violence in the family, and how has it affected the child?
Factor 12: Other Relevant Factors
The twelfth factor is any other factor the judge considers relevant to a particular child custody dispute.
- If a child has special needs, 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 children may be separated
- How far apart the parents live, especially as it relates to the child's well-being
This factor asks: Are there any other important things about this specific case that the judge should consider?
How Judges Weigh These Factors
Important: The judge must consider and make a decision about each factor. Every single one of these 12 factors gets considered.
But the judge does not have to weigh them all equally. The judge might decide some factors in your case are more important than others.
For example, if there is domestic violence, Factor 11 might carry much more weight. If a child is very mature and expresses a strong preference, Factor 9 might be very important.
The judge uses all 12 factors to create a complete picture of what will truly be in the best interest of your children.
Using These Factors in Your Case
If you are involved in a custody case in Kalamazoo County, understanding these 12 factors helps you in several ways:
- Prepare evidence for each factor - Gather documentation showing how you meet or exceed each factor
- Know what to expect - Understand that the judge will evaluate you on all 12 factors, not just some
- Focus on the factors that matter most - Some factors may be more relevant to your situation than others
- Counter arguments - Understand how the other parent might argue against you on each factor and be prepared to respond
- Make informed decisions - When negotiating settlements, know which factors are likely to influence the judge's decision
This article was generated with AI assistance. Facts and sources are verified where possible.