When children are involved in divorce proceedings it can be difficult and emotional for everyone who is involved, which is why the right decision needs to be made first time round.



In order to make the right decision first time round, courts in Michigan are required to evaluate ‘interest' factors by looking at a series of considerations which are meant to help when it comes to making the decision. Some of these factors are stated below:

• The ability and temperament of both spouses when it comes to giving the child love, affection, and guidance as well as the capability of the parties involved to continue the child's education.

• Can the parties involved provide the child with food, clothing and medical care?

• The length of time the child has lived in a stable, satisfactory environment and the appeal of maintaining continuity

• How the family exists as a unit and the moral strength of the parties who are involved

• The mental and physical health of both spouses

• The home, school, and community record of the child

• The willingness and ability of each of the parties to aid and encourage a close and continuing parent-child relationship between the child and the other parent

• Any history of domestic violence, regardless of whether the violence was directed against or witnessed by the child

When courts are evaluating the above factors, their main concern is that the child or children involved have their development needs addressed as children cannot legally choose where they want to live until they are 18 years old; however the wishes of the child or children will be taken into account by the courts during the custody hearing.

State law in Michigan when it comes to child custody encourages judges to award joint custody to parents so that both parents have a say in the child's or children's education, medical treatment, religion etc. In joint custody cases that child alternates between living at both parents homes.

Another option that may be thought about is sole custody. In cases of sole custody the child involved will live with one parent and the other parent will be granted parenting time. This parenting time means that the other parent will gain access to their child at alternating weekends, national holidays and one half of the child's school vacation as well as in some cases one evening per week. When the decision of this parenting time is being made the parents are free to agree on the times and dates so that it fits in with both of their schedules.

The decision of who is granted custody usually comes down to the courts; however the child's parents are given the chance to come to an agreement about child custody and visitation rights but if they fail to do so then the custody case is handed over to the courts where the decision is made by a judge.

In most custody cases the decision ends up being handed over to the courts but if you disagree with the decision that is made by a judge then you may appeal the decision. Appeals in domestic relations cases go to the Michigan Court of Appeals.

If you are currently facing a custody case then it is advised that you consult with an attorney to discuss all of the legal issues involved in the case; without one you are acting as your own attorney and may not receive all of the legal information needed to secure your custody case.