In Part 1 of this series, we explained the first six best interests of the child factors under Michigan law (MCL 722.23). Now, we’ll cover the remaining six factors that Oakland County courts use to decide custody and parenting time.
If you haven’t read Part 1 yet, click here to review the first six factors.
Factor (g): Mental and Physical Health of the Parents
Courts consider the health of each parent and whether it impacts their ability to care for the child. A serious illness or untreated mental health issue may affect custody decisions only if it limits the parent’s ability to care for the child. Some examples would be if the parent is unable to ensure the child gets to school or if they are unable to meet the child’s daily needs.
Factor (h): Child’s Home, School, and Community Record
Judges want to avoid disrupting a child who is thriving at home, in school, or in community activities. Strong school performance and community involvement can weigh in favor of keeping the child in a stable environment. Involvement with the juvenile justice courts, truancy, or Children’s Protective Services (CPS) can also be important to this factor.
Factor (i): Child’s Preference
If the child is mature enough, the judge may consider their preference. There is no set age at which a child’s preference will be considered. However, older children’s wishes often carry more weight than pre-teens. Judges or Oakland County Friend of the Court staff will usually speak to the child in private, and the details of what they say will not be revealed to either parent. This ensures that the child cannot be pressured into siding with one parent over the other. Beware of coaching a child about what to say to the judge. Family court people are trained to figure out whether the children have been coached.
Factor (j): Willingness to Support the Child’s Relationship with the Other Parent
Courts look at whether each parent encourages the child to maintain a healthy relationship with the other parent. There is an exception to this factor if there are legitimate safety concerns with the other parent, such as abuse or neglect. A parent who tries to damage that relationship or participate in parental alienation will only hurt their own case. Many of our Oakland County judges feel this is a very important factor for them to weigh.
Factor (k): Domestic Violence
A history of domestic violence is taken very seriously. The child does not have to have been a direct victim or a witness to the domestic violence. Evidence of any domestic violence will be taken into consideration because the court’s only priority is the child’s well-being. Most of our judges weigh this factor heavily.
Factor (l): Any Other Relevant Factor
Finally, the law gives judges flexibility to consider any other issue affecting the child’s welfare, such as special needs, parental work schedules, or extended family support. Just because certain evidence does not fall into one of the factors does not mean the court will not consider it when making a custody determination.
FAQs – Best Interests of the Child Factors (Part 2)
Q: Can my child choose which parent to live with?
A: This factor alone does not determine the outcome of the case. While the judge considers the child’s preference, it is only one part of a broader analysis. Lots of people ask our family law attorneys when the child can make their own decision about where they will live. In Michigan, we don’t allow children to make adult decisions. So, they get to make their own decisions when they become adults, and not before then.
Q: How do courts view a parent’s health?
A: Judges look at whether a parent’s health condition affects their ability to provide safe and consistent care for the child. Simply having a serious health condition does not mean this factor will be held against you. Your attorney can help you present evidence that shows you are receiving proper treatment and are still able to care for your child.
Q: What if my child is thriving in school and community activities?
A: Judges want to minimize disruptions to a child’s positive environment. That factor often supports keeping routines consistent.
Q: Why does supporting the other parent’s relationship with the child matter?
A: Courts want to ensure children have strong relationships with both parents whenever safe and appropriate. Michigan law dictates that children are entitled to have a strong relationship with both parents. Your ability to co-parent strengthens your custody case. You should speak with your family law attorney as soon as possible if you believe there are safety concerns or if the other parent is engaging in alienating conduct with your child.
Q: Why hire an Oakland County custody lawyer?
A: An attorney helps you navigate complex and changing custody laws, ensures your side of the story is heard by presenting admissible, relevant ,and compelling evidence, to help persuade the court that you are the right parent to have custody of the children.
Contact Us Today!
At The Kronzek Firm, we know how to advise parents on how the “best interests” factors will affect their custody case. We understand how each factor will be analyzed and will help build your case to highlight the admissible evidence that favors your position. Having an experienced Oakland County family court attorney who knows what factors are relevant and most important in your case is crucial. Contact us today for a consultation.
📞 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.]