Divorce Without Confusion: Understanding Child Custody in Michigan – What the Court Considers

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Understanding Child Custody in Michigan. Custody decisions can be the most challenging and emotionally charged part of a divorce. In this video, family law attorney Alissa Oetman from Kreis Enderle explains how child custody is determined in Michigan, including the 12 factors courts are required to consider.

Whether you’re beginning the divorce process or involved in a custody dispute, this video will help you better understand your rights, responsibilities, and what to expect in court.

To learn more or schedule a consultation, please contact Alissa Oetman at aoetman@kreisenderle.com.

Transcript

Understanding Child Custody in Michigan

[00:00:08] Alissa Oetman: Like any parent, you want what is best for your child. You would like to believe that your spouse does too, and they probably do. But in a divorce, what you think is in your child’s best interests and what your spouse thinks can be wildly different.

[00:00:22] Alissa Oetman: Custody and parenting time arrangements are often the most contentious and emotionally fraught issues when parents divorce. This is especially true if one or both parent believes that the other one lacks the character sense of responsibility or resources to ensure the child’s safety and well-being.

[00:00:42] Alissa Oetman: The best outcome is when you and your spouse agree between yourselves what is the best way to co-parent your child. This includes whom they will live with, where they will go to school, and how and when each parent will get to spend time with them. But if you cannot agree on a parenting plan, the [00:01:00] heavy responsibility for making such decisions will fall upon the judge in your divorce proceedings.

[00:01:06] Alissa Oetman: In Michigan, judges have a great deal of discretion when making custody decisions. However, Michigan law is clear that the judge is to be guided by one overarching principle, the child’s best interests.

[00:01:20] Alissa Oetman: In determining what is in the child’s best interest, Michigan Law sets forth 12 specific best interest factors that a judge must consider in a custody proceeding.

[00:01:31] Alissa Oetman: Number one, the love, affection, and other emotional ties existing between each parent and the child.

[00:01:38] Alissa Oetman: Number two, each parent’s ability to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

[00:01:50] Alissa Oetman: Number three. Each parent’s ability to provide the child with food, clothing, medical care, and other material needs.

[00:01:59] Alissa Oetman: Number [00:02:00] four, the length of the time that the child has lived in a stable and satisfactory environment, and the desirability of maintaining that continuity.

[00:02:09] Alissa Oetman: Number five, the permanence as a family unit of the existing or proposed custodial home or homes.

[00:02:17] Alissa Oetman: Number six. Each parent’s moral fitness.

[00:02:20] Alissa Oetman: Number seven, each parent’s mental and physical health.

[00:02:24] Alissa Oetman: Number eight, the child’s home, school and community record.

[00:02:30] Alissa Oetman: Number nine, the reasonable preference of the child if the court considers the child to be of sufficient maturity to express a genuine preference. If interviewed by the court, this preference is kept confidential.

[00:02:45] Alissa Oetman: Number 10, 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.

[00:02:58] Alissa Oetman: Number 11, domestic [00:03:00] violence. Whether law enforcement is involved or not and whether the child witnessed it or not.

[00:03:07] Alissa Oetman: And number 12, any other factor that the court may consider relevant.

[00:03:12] Alissa Oetman: During the proceedings, each parent with the assistance of counsel will present the judge with their evidence and their arguments in support of their preferred custody and parenting arrangement. It is critical that your divorce attorney has the skills and knowledge necessary to address the factors the judge must consider, so they may make the most persuasive case for what you believe to be in your child’s best interests. For more information about your specific case, contact Kreis Enderle to schedule your consultation today.