What Are the "Best Interests of the Child" Factors in Michigan?
- Royce Nunley
- May 22, 2019
- 4 min read
Updated: Jun 3
When two parents separate or divorce, especially with minor children involved, they are forced into a situation where they must co-parent with someone they may no longer communicate well with — or want to be around. While some parents manage to work together for the benefit of their children, others find themselves turning to the Michigan family court system to resolve custody and parenting time disputes.
If you've been involved in a child custody or parenting time proceeding in Michigan, you've likely heard attorneys or judges refer to the "best interests of the child" — but what does that really mean?
Understanding the "Best Interests of the Child" Standard in Michigan
Under Michigan law (MCL 722.23), courts are required to evaluate twelve specific factors to determine what custody or parenting arrangement best serves the child’s physical, emotional, and developmental well-being. These are known as the “best interests of the child” factors and they apply to all custody disputes, whether initial or modifications.
What Are the 12 Best Interests Factors?
Michigan judges evaluate each parent according to these key factors:
Emotional Ties – The love, affection, and bond between each parent and the child.
Parental Capacity – Each parent's ability to offer guidance, affection, and promote the child’s religious and educational upbringing.
Basic Needs – Each parent’s ability to provide food, clothing, medical care, and other necessities.
Home Stability – How long the child has lived in a stable environment and the importance of maintaining continuity.
Family Permanence – The long-term stability of the existing or proposed home environments.
Moral Fitness – The personal values, behavior, and lifestyle of each parent.
Mental and Physical Health – The psychological and physical condition of each parent.
School and Community Record – The child’s experience and performance in school and their connection to the community.
Child’s Preference – If the child is of sufficient age and maturity, their custody preference may be considered.
Co-Parenting Support – Each parent's willingness to support a healthy relationship between the child and the other parent.
Domestic Violence – Any history of domestic violence, even if the child was not the direct target.
Other Relevant Factors – Any other aspect the court considers relevant to the child's well-being.
No single factor outweighs the others automatically. Courts must consider the totality of circumstances, and many cases involve factors that are equally weighted for both parents.
Why the "Best Interests" Standard Matters
When a judge decides child custody or parenting time in Michigan, they are tasked with making decisions that may permanently affect your role in your child’s life. Judges don’t know your family the way you do — they rely on the evidence and arguments presented in court.
That’s why it’s critical to present a strong case supported by facts that align with the best interest factors. A weak case can result in custody or visitation arrangements that are not favorable to you or your child.
Can You Avoid a Court Decision?
Yes. If possible, the best approach is always for parents to reach a mutual agreement on custody and parenting time. Courts generally encourage resolution through co-parenting agreements, mediation, or negotiated settlements.
However, when compromise isn’t possible, you need to be fully prepared to make your case in front of a judge.
Let The Nunley Law Group Help You Protect Your Parental Rights
If you're facing a custody battle or modification in Michigan, don't go it alone. The experienced Michigan family law attorneys at The Nunley Law Group can help you gather the right evidence, present a compelling case, and protect your relationship with your child.
📞 Call The Nunley Law Group today to schedule a consultation with a knowledgeable child custody lawyer who understands the Michigan best interest factors and how they apply to your unique situation.
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| About the Author
Email. Royce@nunleylawgroup.com
Tel. 586-778-4555
Royce Nunley is the founder and lead attorney at The Nunley Law Group, where he represents clients in the areas of Family Law, Criminal Defense, Social Security Disability, and Personal Injury. Known for his client-focused approach and legal insight, Royce is deeply committed to delivering personalized legal solutions tailored to each individual's needs.
Royce earned his Bachelor’s Degree in Spanish, Cum Laude, from Wayne State University, and continued his education at Wayne State University Law School, where he received his Juris Doctorate, also Cum Laude. His academic excellence laid a strong foundation for a career marked by both compassion and tenacity in the courtroom.
Royce has been recognized for his outstanding work in Family Law, earning the distinction of Super Lawyers "Rising Star" for six consecutive years—2019 through 2024—an honor reserved for only the top 2.5% of attorneys in the state.
With a reputation for taking the time to truly understand his clients and their legal challenges, Royce ensures that every person who walks through his door receives the respect, transparency, and tireless advocacy they deserve.
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