Custody decisions are often the most emotionally difficult part of a Michigan divorce or family law case. Courts rely on a set of best interest factors to guide these decisions, and several themes come up again and again: the bond between parent and child, each parent’s health, the practical realities of parenting time, and, sometimes, the child’s own preference.
Understanding how Michigan courts approach these factors can help parents know what to expect and how to prepare for a custody case.
The Parent-Child Bond
One of the central best interest factors is the bond between each parent and the child. Courts want to avoid a situation where a minor child effectively dictates the custody and parenting time outcome, but they also want to understand and protect genuine parent-child relationships.
This becomes especially delicate during high-conflict divorces, where one parent may try to unduly influence how a child feels about the other parent. If a child is interviewed by the court in that situation, and the child has been alienated or fed disparaging information about the other parent, the child’s statements may not accurately reflect the real relationship. This is one reason the friend of the court, along with professionals trained in child psychology, plays such an important role. Identifying whether a child is being coached or influenced is critical and can sever a bond with a parent that’s very difficult to repair.
Mental and Physical Health of Each Parent
The mental and physical health of each parent can also factor into custody and parenting time decisions, though not in the way some people assume. If a parent has a diagnosed mental health condition (for example, bipolar disorder) and isn’t following their treatment plan or taking prescribed medication, that can raise legitimate safety concerns for the child and others. On the other hand, when a parent is actively following their doctor’s guidance and managing their condition responsibly, that diagnosis shouldn’t be held against them in a custody determination.
Physical health works similarly. A parent shouldn’t be penalized in a parenting time order simply because of a physical limitation. Someone who is paraplegic, for instance, or who has other physical challenges that make transportation more difficult, may need practical accommodations built into a parenting time schedule. The goal is to advocate for an arrangement that doesn’t unfairly diminish a parent’s role just because a physical condition makes some logistics harder.
Does a Child’s Preference Matter?
Many parents wonder whether their child will simply get to choose who they want to live with. In practice, a child’s stated preference factors into a Michigan custody decision far less often than people expect. Michigan courts do sometimes interview children, and case law shows courts have interviewed children as young as six, though opinions vary on whether that’s appropriate for such young children.
Interviewing a child should be treated as a last resort rather than a routine step, reserved for situations with genuinely unique circumstances. In those cases, an interview can help the friend of the court identify what’s actually happening, provided the process is handled carefully.
Parenting Time and Practical Realities
Parenting time decisions are guided by a related set of factors, and the resulting order isn’t always driven by conflict between the parents. Sometimes the bigger driver is simple logistics, such as a parent’s work schedule. It’s common for a parent to work six days a week or to be at work well into the evening, which limits how much time they can realistically be available during the week.
When that’s the case, the goal is to craft a parenting time arrangement that’s logistically realistic while still protecting the underlying parent-child bond.
A Common Question About Custody in Michigan
Parents often ask whether a mother or father has an automatic advantage in a Michigan custody case. Michigan law doesn’t favor either parent based on gender; the analysis focuses on the best-interest factors as they apply to that specific family, including the bond with each parent, each parent’s health, and practical realities like work schedules.
Preparing for Your Custody Case
Because so much of a custody decision comes down to the parent-child relationship and each parent’s day-to-day involvement, it helps to keep clear, honest records as your case moves forward: parenting time schedules, communication with the other parent, and any significant events involving the child. This kind of documentation can be far more persuasive to a court than accusations made after the fact without support.
It’s also worth remembering that how you communicate with the other parent, especially in front of the child, can factor into how the court views the overall situation. Courts are attentive to signs of alienation or coaching, and staying respectful and child-focused, even when the relationship with the other parent is strained, tends to serve both the case and the child well.
If health issues, work schedules, or other practical realities are part of your situation, be upfront about them with your attorney early. As discussed above, courts generally look for workable, fair arrangements rather than reasons to penalize a parent for circumstances outside their control.
Getting Guidance for Your Custody Case
Every custody case in Michigan turns on its own specific facts, and the best interest factors give courts room to weigh what actually matters for a particular family. If you’re facing a custody dispute or need help understanding how these factors might apply to your situation, Boroja, Bernier & Associates is ready to talk through your options and help protect your relationship with your child.
