Custody

The “best interest of the child” standard is a legal standard that most states use to decide who should be in charge of a child. Each state has its own factors to be considered. In Michigan, when determining what is in the best interest of the child, the judge will look at:

• the love, affection, and other emotional ties existing between the parties involved and the child;
• the ability and willingness of the parties involved to:
  
  • give the child love, affection, and guidance;
  • continue the education and raising of the child in her or his religion, if any;
  • provide the child with food, clothing, medical care, and other material needs,
  • encourage a close and continuing relationship between the child and the other parent - however, any reasonable action taken by a parent to protect himself/herself or his/her child from sexual assault or domestic violence by the child’s other parent cannot be looked upon negatively;
• the length of time the child has lived in a stable environment and the desire to keep the situation as is;
• the permanence, as a family unit, of the existing or proposed custodial home;
• the moral character of all individuals involved;
• the mental and physical health of all individuals involved;
• the home, school and community record of the child;
• the child’s preference for who s/he wants to live with, if the judge believes the child is old enough to give his/her preference;
• acts of domestic violence (Note: It doesn’t matter if the violence was directed at, or witnessed by, the child or not); and
• any other factor that a judge considers important.¹

If at any time the judge believes your child’s best interests are not being adequately represented, s/he may appoint a lawyer-guardian ad litem to represent him/her.²

¹ See MCL § 722.23
² MCL § 722.24(2)