Michigan’s Best Interest Factors in Child Custody Decisions

Michigan law requires courts to evaluate 12 specific best-interest factors under MCL 722.23 when deciding custody arrangements. No mathematical formula exists for weighing these factors, and courts may assign different weight to each depending on the circumstances of the individual case.

The best interest factors examine virtually every aspect of each parent’s relationship with the child and ability to provide a stable, nurturing environment. Courts look at emotional bonds, parenting capacity, living situations, moral fitness, mental and physical health, and more. Judges have significant discretion in how they weigh the evidence presented under each factor.

The 12 Best Interest Factors Michigan Courts Evaluate

When seeking full custody, you must present evidence addressing each factor and showing why sole custody serves your child’s interests. The statutory factors include:

• The emotional bonds between the child and each parent, including love, affection, and ties that have developed over time
• Each parent’s capacity to provide love, guidance, and continue the child’s education and religious upbringing consistently
• Each parent’s ability to provide food, clothing, medical care, and material needs the child requires
• The stability of the child’s current living environment and the benefit of maintaining continuity in their daily life
• The permanence of each proposed custodial home as a family unit and likelihood of long-term stability

Additional factors include each parent’s moral fitness as it affects their ability to parent, the mental and physical health of both parents, the child’s adjustment to their home, school, and community, the child’s reasonable preference if the child is mature enough to express one, each parent’s willingness to support the child’s relationship with the other parent, any history of domestic violence, and any other factors the court finds relevant to the specific custody dispute.

Why Factor J Carries Significant Weight in Michigan Custody Cases

Factor J evaluates each parent’s willingness and ability to facilitate a close relationship between the child and the other parent. Michigan courts take this factor seriously because children generally thrive when they maintain strong bonds with both parents, and courts want to award custody to parents who support rather than undermine these relationships.

A parent who attempts to alienate the child from the other parent, interferes with parenting time, or makes false accusations to gain advantage in custody proceedings may find this behavior weighing heavily against them. 

Showing that you support your child’s relationship with the other parent, even while seeking sole custody, helps demonstrate that your focus is on the child’s needs rather than parental conflict. This factor can carry significant weight in cases where other factors are relatively equal between the parents.

Circumstances That May Support a Request for Sole Custody in Michigan

Courts do not award sole custody simply because one parent requests it or because the parents have difficulty communicating. You must demonstrate specific circumstances that make sole custody the arrangement that best serves your child. Certain situations make sole custody more likely than others, particularly those involving safety concerns or parental inability to fulfill basic responsibilities.

When Michigan Courts May Grant Full Custody to One Parent

Sole custody becomes more likely when evidence shows that joint custody would harm the child or that one parent is unable or unwilling to meet parenting responsibilities. Circumstances that courts may consider when evaluating a request for sole custody include:

• Documented history of domestic violence against the child or other parent that creates ongoing safety concerns
• Substance abuse that impairs parenting ability or creates unsafe conditions for the child
• Abandonment or prolonged absence from the child’s life without justification
• Mental health issues that prevent safe or effective parenting when left untreated
• History of child abuse or neglect substantiated by child protective services or other evidence
• Incarceration or other circumstances preventing meaningful parenting involvement for extended periods

The parent seeking sole custody bears the burden of proving that sole custody serves the child’s best interests. Simply making allegations is not enough to persuade the court. 

Courts rely on concrete evidence such as records, witness testimony, professional evaluations, and official reports to assess custody claims. A Michigan child custody attorney helps you gather and present this evidence effectively while preparing you for what to expect throughout the legal process.

The Friend of the Court Investigation Process

In contested custody cases, the court often orders an investigation through the Friend of the Court. The investigator interviews both parents and may speak with the child, depending on the child’s age and circumstances. 

The investigator also contacts references provided by each parent and reviews relevant records, such as school and medical records and any documents related to safety or behavioral concerns. The process concludes with a written report and custody recommendations submitted to the court.

The investigation addresses each of the 12 best interest factors in detail. According to Michigan court guidelines, investigators must evaluate how each parent performs under the statutory criteria and provide their analysis to the judge. Although the judge makes the final decision and is not required to follow the recommendation, the Friend of the Court report often carries substantial weight.

How to Prepare for a Friend of the Court Custody Evaluation

Your conduct during the investigation matters significantly. Cooperate fully with the investigator’s requests for information and interviews, and respond promptly to all communications. 

Provide references who have directly observed your parenting and your child’s wellbeing, such 

as teachers, coaches, childcare providers, and family members who spend regular time with you and your child.

Present documentation that supports your position on relevant factors, but avoid overwhelming the investigator with irrelevant materials. Focus on evidence that directly addresses the best interest factors and your ability to provide a stable, loving environment for your child.

Avoid speaking negatively about the other parent to the investigator unless discussing specific, documented concerns relevant to the child’s safety or wellbeing. Investigators notice when parents focus on attacking each other versus focusing on the child’s needs, and this observation often appears in their reports. 

Your Michigan child custody attorney prepares you for what to expect during the investigation and how to present yourself effectively while avoiding common mistakes.

Modifying an Existing Michigan Custody Order

If a custody order already exists, changing it requires meeting additional legal standards beyond simply showing the modification would be better. Under MCL 722.27, you must show either proper cause or a change in circumstances before the court will reconsider custody. 

Proper cause means a change that has, or may have, a significant effect on the child’s life. You must then prove that modification serves the child’s best interests.

When an established custodial environment exists, the parent seeking modification must prove by clear and convincing evidence that the change benefits the child. This higher standard of proof reflects Michigan’s policy of providing stability for children and avoiding unnecessary custody changes that disrupt their lives.

An established custodial environment exists when a child has come to rely on a parent for daily care, guidance, discipline, and emotional support over a meaningful period of time.

How a Michigan Child Custody Attorney Builds a Strong Case for Full Custody

Friedman Law Firm represents parents in child custody disputes throughout Oakland, Wayne, Macomb, and Washtenaw Counties, with offices in Royal Oak and Novi. The firm helps clients seek custody arrangements that focus on a child’s safety, stability, and long-term wellbeing.

Experienced Michigan Child Custody Attorneys

Managing Attorney Kimberly Denoyer has 19 years of experience handling Michigan custody matters, including high-conflict disputes. Senior Associate Daniel DeBene brings 12 years of experience in custody litigation and negotiation. Both attorneys are well-versed in Michigan’s best-interest factors and the evidence judges and Friend of the Court investigators rely on when making custody decisions.

Each case begins with a review of your goals and your child’s needs. Some cases support pursuing sole custody, particularly where safety issues or parental unfitness are present. 

In others, seeking primary physical custody with shared legal custody may be the better option. Your attorney helps determine the most appropriate strategy based on the facts of your case.

No-Cost Consultations for Michigan Custody Matters

Friedman Law Firm offers no-cost initial consultations and payment plans to make representation more accessible. Because custody outcomes affect families long after a case ends, informed guidance throughout the process matters.

FAQs for Michigan Child Custody Attorneys

What does full custody mean in Michigan?

Michigan statutes do not formally define full or sole custody. In practice, full custody usually means one parent has sole legal custody, with exclusive authority over major decisions such as education, healthcare, and religion, and sole physical custody, where the child primarily lives with that parent. The other parent may still have parenting time unless the court limits or denies it.

How do Michigan courts decide child custody?

Courts apply the 12 best-interest factors listed in MCL 722.23. These factors address the child’s emotional ties, each parent’s ability to provide care, stability, moral fitness, health, and the child’s adjustment, among others. Judges weigh all factors together, with emphasis varying based on the facts of each case.

At what age can a child choose where to live in Michigan?

Michigan law sets no specific age. Courts may consider a child’s reasonable preference if the child is mature enough to express one, as required by MCL 722.23. Greater weight is often given to older children whose preferences appear informed and independent.

Do I need a child custody attorney in Michigan?

Self-representation is allowed, but an attorney helps present evidence, follow court rules, and advocate for your position. Custody cases affect a child’s future and often involve technical procedures. If the other parent has counsel, proceeding without one can place you at a disadvantage.

How much does a Michigan child custody attorney cost?

Costs depend on whether the case is contested, the level of investigation needed, and whether the matter proceeds to trial. Cases resolved through negotiation generally cost less than those requiring litigation. Friedman Law Firm offers no-cost consultations and payment plans to discuss fees based on your situation.

Talk With a Michigan Child Custody Attorney About Your Case

Your child’s living situation, education, healthcare, and daily life depend on how custody is resolved. The decisions made now shape your family’s reality for years to come and affect your child’s development, stability, and relationships. Whether you seek sole custody or primary physical custody, building a strong case requires careful preparation and a clear understanding of Michigan family law.

Contact Friedman Law Firm today for a no-cost consultation about your Michigan child custody case. Your child’s wellbeing is important, and informed legal guidance can help you understand your options and the custody process.