If you are in the midst of a child custody dispute or are trying to negotiate a fair child custody and parenting time arrangement with your former spouse or co-parent, it is important to understand what the Michigan courts will consider if the case goes to trial. Here's what you should know about the child custody best interest factors and the parenting time factors that will frame the judge's decision.

The Child Custody Act Focuses on the Child's Welfare and Best Interests

The Child Custody Act is the Michigan law that controls every child custody decision – whether as part of a divorce or in a child custody case between unmarried parents. The decision must be focused on the children's well-being, and based on the children's best interests.

The Court must decide whether one or both parents will be awarded, physical custody – where the children will reside – and legal custody – who will make decisions for the children. In most cases, the Court will award joint or shared custody, including a specific parenting time schedule for each parent. The question at trial is generally which parent will receive primary physical custody and how much time the children will spend with the non-custodial parent.

However, in cases where the children's parents are unwilling or unable to cooperate for the children's best interests, sole custody may be appropriate. This could be because of a history of domestic violence, or differences of opinion about the children's:

• Medical treatment
• Religious upbringing
• Education
• Well-being

If you believe sole custody is appropriate, you and your Michigan family attorney will need to develop a strong case that excluding, or limiting a parent's role in the children's lives, is in their wellbeing and best interest.

Child Custody Best Interest Factors

In resolving a custody dispute, the Michigan family courts must consider the 12 best interest factors outlined in the statute:

(a)    The love, affection, and other emotional ties existing between the parties involved and the child.

(b)    The capacity and disposition of the parties involved 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.

(c)    The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d)    The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e)    The permanence, as a family unit, of the existing or proposed custodial home or homes.

(f)      The moral fitness of the parties involved.

(g)     The mental and physical health of the parties involved.

(h)    The home, school, and community record of the child.

(i)       The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(j)       The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child's other parent.

(k)     Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(l)       Any other factor considered by the court to be relevant to a particular child custody dispute.

This is the framework for every custody decision. The Court will make findings for each factor, but it can weigh one or more factors more heavily than others. Similarly, the same facts may influence the Court's decision on more than one factors.

Parenting Time Factors

Once the Court has decided the question of child custody, it will then craft a parenting time plan directing when the children will spend time with each parent. There are several factors to guide that decision as well:

(a)    The existence of any special circumstances or needs of the child.

(b)    Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing.

(c)    The reasonable likelihood of abuse or neglect of the child during parenting time.

(d)    The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.

(e)    The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time.

(f)      Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.

(g)     Whether a parent has frequently failed to exercise reasonable parenting time.

(h)    The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent's temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent's intent to retain or conceal the child from the other parent.

(i)       Any other relevant factors.

Unlike the child custody best interest factors, the Court need not apply all (or even any) of the parenting time factors. Instead, it can raise any relevant factors to decide an appropriate schedule.

You and your Michigan family lawyers can help guide that decision by providing facts and arguments about the practical aspects of parenting and the children's best interests. This may include things like the children's extracurricular activities, the time taken to travel between the parental homes, as well as concerns about your co-parent's ability to protect against neglect or abuse.

Get Help Reaching a Child Custody Arrangement from a Michigan Family Lawyer

At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you understand the child custody best interest factors and parenting time factors, and use them to work toward your children's best interest. Call us at 248-651-4114 or contact us here to speak to an attorney.