When parents in Oakland County go through a custody dispute, they will frequently hear about what is in the “best interests of the child.” This is the guiding principle that all of our Michigan judges must follow in cases involving children. It’s the law, so it’s the judge, Friend of the Court offices, and family law lawyers that pay a lot of attention to these 12 factors. But how do they decide what is in the child’s best interests? A Michigan statute, MCL 722.23, lays out the 12 factors judges must consider when deciding custody and parenting time. Understanding these factors can help you take a more proactive approach to preparing for your custody case with your custody attorney.
In this first part of our series, we explain the first six factors and how Oakland County judges apply them in custody cases. The process starts with the Oakland County Friend of the Court.
Although it’s not one of the 12 “best interest” factors, a key consideration is the “established custodial environment” for the child. This looks at which parent the children typically look to, over a significant period of time, for love, affection, guidance, and discipline. The established custodial environment can be with the father, with the mother, or with both parents. This finding plays an essential role in custody decisions and custody changes here in Oakland County, so you should expect your attorney and the Friend of the Court to ask a lot of questions about this.
Factor (a): Emotional Ties Between Parent and Child
Courts look closely at the strength of the child’s love, affection, and bond with each parent. In the vast majority of cases, we divorce attorneys see this factor being evaluated by finding that both parents love the child and the child loves both parents. Typically, this factor is found to be equal with both parents.
Factor (b): Ability to Provide Guidance and Education
This factor examines a parent’s ability to provide moral guidance, discipline, and continue the religious upbringing. The court will also look at how each parent provides support for the child’s education by assisting with homework or other school activities. Evidence of stability and consistency in routines is key.
Factor (c): Ability to Provide Basic Needs
Judges consider whether each parent can meet the child’s day-to-day needs, including food, clothing, healthcare, and other necessities. This doesn’t mean the wealthier parent automatically wins. Showing evidence of financial stability and a safe home environment is important.
Factor (d): Stability of the Home
A stable home environment is weighed heavily by Michigan Courts. The length of time the child has lived in their current home, and whether it is in the child’s best interest to keep the current living arrangements. Frequent moves or evidence of instability in the home can count against a parent. This includes whether a parent has changed their home environment by recently moving in a new partner.
Factor (e): Permanence of the Family Unit
This factor examines the long-term advantages and disadvantages of each household. Judges consider whether the child will have a secure and lasting family structure. The goal is to avoid any potential disruptions that could harm the child’s well-being. Our judges here in Oakland County strongly prefer stability, consistency, and permanence of a good home versus lots of changes for children.
Factor (f): Moral Fitness of the Parents
The term “moral fitness” doesn’t mean perfection. It refers to the conduct of each parent that would affect the child’s well-being. Examples would be honesty, substance abuse, criminal activity, or other issues that may directly impact the child’s development.
FAQs – Best Interests of the Child Factors
Q: Do Oakland County judges really look at all 12 factors?
A: Yes. Under Michigan law, consideration of each of the 12 best interests factors is required in custody cases. The facts and circumstances of each case may dictate that some factors are more relevant than others. Similarly, your judge might find that some factors are not relevant to your case at all, or particular factors should be weighed more heavily in your case than other factors.
Q: Which factors are usually the most important?
A: Every case is different. The most important factor considered depends on what is most relevant under the facts and circumstances of each case. An experienced family law attorney can give guidance on which factors to focus on. Remember that judges are people too. Judges, like all people, don’t think alike; judges also differ on how they feel about each factor. An experienced custody attorney can guide you through this process.
Q: Does financial stability automatically mean one parent gets custody?
A: No. While financial resources are one factor, the overall parenting relationship is equally important.
Q: Why should I hire a top-rated custody attorney in Oakland County?
A: A knowledgeable attorney can better highlight strengths in your case and defend against weaknesses. Custody cases are highly complex, and having a seasoned attorney who can build a strong case for you is often key to the outcome of your case.
👉 In Part 2 of this series, we’ll explain the remaining six best interests factors and answer more questions Oakland County parents often ask about custody disputes.
Contact Us Today!
At The Kronzek Firm, we can help you by presenting relevant, admissible, persuasive evidence in your favor under each of the “best interests” factors. We understand that each factor will be scrutinized, and we know what is essential and what is not. Having an experienced Oakland County attorney who can demonstrate your ability to be a good parent under these factors is crucial. Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200 or by email at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]