When parents separate or divorce in Michigan, few decisions carry more weight than child custody. It’s not just a legal issue—it’s deeply personal. You’re not fighting over property or assets. You’re working to protect your relationship with your child and ensure they have a stable, loving future.

Michigan courts don’t award custody based on which parent “wins” an argument. Instead, they focus entirely on one standard: the best interests of the child. Understanding how judges apply this standard—specifically through Michigan’s 12 statutory factors—can help you approach your custody case with clarity and confidence.

At Boroja, Bernier & Associates, we help parents throughout Southeast Michigan navigate custody disputes with a focus on preparation, evidence, and realistic expectations. Here’s what you need to know about how child custody decisions are made in Michigan.

How Michigan Determines Child Custody

Michigan is a “best interests” state. Under MCL 722.23, courts must evaluate custody arrangements based on what will best serve the child’s well-being—not what either parent wants or deserves. This means the court looks at each parent’s ability to provide stability, safety, and emotional support.

There are two types of custody in Michigan:

• Legal custody refers to decision-making authority over major aspects of the child’s life, including education, healthcare, and religious upbringing. Parents can share joint legal custody or one parent may have sole legal custody.

• Physical custody determines where the child lives. Joint physical custody means the child spends significant time with both parents. Sole physical custody means the child primarily lives with one parent, while the other typically receives parenting time.

Courts prefer arrangements that keep both parents actively involved—unless doing so would harm the child.

The 12 Best Interests Factors Under Michigan Law

When deciding custody, Michigan judges must consider all 12 factors listed in MCL 722.23. No single factor is automatically more important than the others. Courts weigh each based on the specific circumstances of the family.

Factor 1: Love, Affection, and Emotional Ties

The court looks at the emotional bond between the child and each parent. Does the child feel safe and loved? Does the parent show consistent affection and support?

Factor 2: Capacity to Provide Love, Affection, and Guidance

This goes beyond feelings. Can the parent actually provide day-to-day emotional guidance? Does the parent help with homework, attend school events, and offer encouragement during difficult moments?

Factor 3: Capacity to Provide Food, Clothing, Medical Care, and Other Material Needs

Courts assess whether each parent can meet the child’s basic needs. This doesn’t mean the wealthier parent wins—it means both parents must demonstrate the ability to provide adequate care.

Factor 4: Length of Time in a Stable Environment

Stability matters. If a child has lived in one home, attended one school, and built friendships in a community, courts are reluctant to disrupt that unless there’s a compelling reason.

Factor 5: Permanence of the Family Unit

Judges consider the long-term stability of each parent’s household. Is there a stable living situation? Are there plans to relocate? A parent with a well-established home environment may have an advantage.

Factor 6: Moral Fitness of the Parents

This factor examines behavior that could affect the child. Substance abuse, criminal activity, or exposing a child to inappropriate situations can weigh heavily against a parent.

Factor 7: Mental and Physical Health of the Parents

Courts consider whether health issues might affect a parent’s ability to care for the child. A manageable health condition won’t disqualify someone, but untreated mental illness or addiction can be a serious concern.

Factor 8: The Child’s Home, School, and Community Record

How is the child doing? Courts look at school performance, social connections, and overall adjustment. A child thriving in their current environment is less likely to be moved.

Factor 9: The Child’s Preference

If the child is old enough and mature enough to express a reasonable preference, the court will consider it. Michigan law doesn’t set a specific age, but judges often give more weight to the preferences of teenagers.

Factor 10: Willingness to Facilitate a Relationship with the Other Parent

This is critical. Courts want parents who encourage—not undermine—the child’s relationship with the other parent. A parent who badmouths the other or interferes with parenting time may be viewed unfavorably.

Factor 11: Domestic Violence

Under MCL 722.23(k), courts must consider whether domestic violence has occurred, regardless of whether the child witnessed it. Emotional abuse, physical abuse, and patterns of control all factor into this analysis.

Factor 12: Any Other Relevant Factor

This catch-all provision allows judges to consider anything else that affects the child’s welfare. It could include a parent’s work schedule, extended family involvement, or special needs of the child.

Preparing for a Custody Evaluation

In contested custody cases, the court may order a custody evaluation. A professional evaluator—often a psychologist or social worker—interviews both parents, observes interactions with the child, and reviews relevant records.

Here’s how to prepare:

• Document everything. Keep a journal of your involvement in your child’s life. Note school pickups, doctor’s appointments, extracurricular activities, and daily routines. This creates a factual record of your parenting.

• Be honest and cooperative. Evaluators can spot evasiveness. Answer questions truthfully, even when it’s uncomfortable. Trying to manipulate the process often backfires.

• Focus on the child. Avoid turning the evaluation into an opportunity to attack the other parent. Evaluators want to see that you prioritize your child’s well-being over personal grievances.

• Prepare your home. Evaluators may conduct home visits. Your home doesn’t need to be perfect, but it should be clean, safe, and child-friendly.

Common Mistakes Parents Make in Custody Cases

Even well-meaning parents can hurt their case by making avoidable errors:

• Speaking negatively about the other parent in front of the child. This damages your credibility and can harm your child emotionally.

• Violating existing court orders. If there’s a temporary custody order, follow it exactly. Judges take violations seriously.

• Using social media recklessly. Posts, photos, and comments can be used as evidence. Assume everything you share online could appear in court.

• Failing to communicate with the other parent. Courts favor parents who can co-parent effectively. Document your attempts to communicate, and keep messages respectful and focused on the child.

• Waiting too long to seek legal help. Custody disputes move quickly. Early legal guidance can help you avoid missteps that are difficult to undo.

Frequently Asked Questions About Child Custody in Michigan

What’s the difference between sole custody and joint custody in Michigan?

Sole custody means one parent has primary decision-making authority (legal custody) or primary physical placement (physical custody). Joint custody means both parents share these responsibilities. Michigan courts often favor joint legal custody when both parents can communicate and cooperate.

Can I modify a custody order after it’s finalized?

Yes, but you must show proper cause or a change in circumstances. Under MCL 722.27, the court will also consider whether the child has an established custodial environment. Modifications aren’t automatic—you’ll need to demonstrate that the change serves the child’s best interests.

How does emotional abuse affect custody decisions?

Emotional abuse is taken seriously under Factor 11 of the best interests analysis. If you can document patterns of manipulation, intimidation, or psychological harm, the court will consider this when determining custody and parenting time.

At what age can a child decide which parent to live with?

Michigan law doesn’t set a specific age. However, as children mature, their preferences carry more weight. A 15-year-old’s preference will generally be considered more seriously than a 7-year-old’s. The preference must still align with the child’s best interests.

Do mothers have an advantage in Michigan custody cases?

No. Michigan law does not favor mothers or fathers. Courts focus solely on the 12 best interests factors. The parent who demonstrates greater involvement, stability, and willingness to co-parent often has the stronger case—regardless of gender.

Take the Next Step: Protect Your Relationship with Your Child

Child custody cases are emotionally challenging, but you don’t have to face them alone. Understanding Michigan’s best interests factors is the first step toward building a strong case and protecting your role in your child’s life.

At Boroja, Bernier & Associates, our family law attorneys help parents in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan navigate custody disputes with compassion and strategic focus. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we’re here to guide you through every stage of the process.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. The sooner you get informed legal guidance, the better positioned you’ll be to achieve a positive outcome for you and your child.