Does My Teenager Get a Say in Our Custody Order?

Divorce is hard on everyone, but it’s particularly difficult for kids. The shifting dynamics are challenging to process, and children don’t always understand what’s happening or what’s best for them—even though some teens act like they do.

In Michigan, judges may consider a child’s wishes when making custody decisions—especially if the child is older. However, that doesn’t necessarily mean the children get exactly what they want.

Here’s what you need to know about how child custody is handled in Michigan and what the Kreis Enderle team can do to help you draft the right agreement for your family.

It’s all about the Child’s Best Interest

In Michigan, any decision involving a child is made according to the Best Interest of the Child Standard. These rules require judges to choose the best outcome for a child’s long-term health, well-being, and welfare, according to the information before them and how it relates to the best interest factors.

Where custody is concerned, this means evaluating several individualized factors. Some of these critical points include:

  • Emotional Ties—the child’s emotional bond or attachment to each parent.
  • Parental Capacity—each parent’s willingness and ability to guide their child and to provide their child with a loving, stable environment.
  • Homelife Stability—the child’s current living conditions and how a significant change would impact their emotional and psychological needs.
  • Parental Relationships—how willing each parent is to promote and facilitate a relationship between the child and their child’s other parent.
  • Child’s Preferences—the child’s preference on where they want to live (depending on their maturity). This is one factor out of the twelve and must be weighed in conjunction by the court with all other applicable factors. Further, this preference is kept confidential by the court and not shared by the court with either party or their attorney.
  • Domestic Violence—any history of domestic violence as instigated from either parent or other adult members of their household.
  • Education and Community—the child’s educational needs, including community environment, school, and support systems.
  • Cultural Considerations—the child’s cultural background and how those needs will be supported in each parent’s home.
  • Parental Involvement—each parent’s involvement in their child’s life, including school activities, extracurricular activities, and medical care.
  • Co-Parenting Abilities—how well each parent can communicate and cooperate with the other parent in raising their child.

This list is not exhaustive, and Michigan courts are free to consider any other facts that might impact a child’s long-term health and success.

What a Child Wants Isn’t Always What They Need

Under Michigan family law, judges may consider a child’s wishes when drafting a custody order. However, this doesn’t mean they’re required to ask—or that it’ll make a difference if they do.

Unlike some states, Michigan does not have a specific age requirement for considering a child’s wishes. Judges can assess each case individually and consider a child’s preferences based on their maturity. Typically, this means that the older the child, the more weight their preferences hold. However, judges are never bound by these preferences.

Teenagers, in particular, are susceptible to improper influence. Too often, divorcing parents try to buy their child’s favor with gifts and promises. They also badmouth the child’s other parent and try to undermine their relationship to win the upper hand in a custody battle. However, even when a child’s wishes are genuine, they may not automatically get their way.

What You Want Isn’t Always What They Need

Children don’t get the final say about custody because children—even teenagers—don’t always know what’s best for them. But this goes for parents, too.

Studies show that a child’s best interests are served when allowed to have a loving relationship with both parents, but that relationship cannot grow without time together. And your complex feelings toward your ex should not prevent your child from bonding with their other parent. Hence, barring unusual circumstances (such as abuse or neglect), Michigan courts generally try to split custody between the parents and if it makes sense for your case, that split may be as close to equal as possible—even if shared time is not what you want.

The child has a right under Michigan law to a safe, positive, and continuing relationship with both parents, no matter how the parents feel about each other.

An Experienced Family Attorney Can Help Craft the Best Agreement for Your Family

As a parent, you want what’s best for your child. If you have questions about child custody and how your child’s wishes could impact these decisions, we want to hear from you. Contact Kreis Enderle’s Family Law Practice Group today for your consultation, and let us help you work towards the best possible arrangement for your family.

Start Building Your Case Today

  • Hidden
  • This field is for validation purposes and should be left unchanged.