When faced with a custody dispute, it can be easy for parents to put their own preferences first. However, the outcome the parents might want isn’t necessarily what is best for the child. The “best interests of the child” is the legal standard that ensures a child’s wellbeing, happiness, safety, and welfare are prioritized in custody cases and other family law matters. It is applied by judges when making decisions about a child’s living arrangements, parenting time conflicts, and other custody-related issues.

How are the Best Interests of the Child Determined?

While most child custody matters are negotiated outside the courtroom, judicial intervention may be necessary if parents are unable to reach an agreement. In such cases, courts in Michigan determine the outcome by applying the “best interests of the child” standard. A judge would evaluate 12 statutory factors that broadly evaluate the child’s relationship with each parent, the stability of the living environment in each household, and the ability of each parent to meet the child’s needs.

Specifically, the factors that a court would consider when determining a child’s best interests under Michigan law include the following:

• The emotional ties between the parties involved and the child — This factor considers who the child is bonded with and the affection each parent shows the child.
• Each parent’s capacity to provide care, love, affection, and guidance — This factor focuses on each parent’s role in raising and educating the child.
• The capacity of each party to provide the child with food, clothing, and medical care — This factor looks at which parent takes the child to medical appointments and provides for their material needs.
• The length of time the child has lived in a stable environment and the desirability of maintaining continuity — Whenever possible, courts strive to minimize any disruption to the child’s life and maintain continuity in their living arrangements.
• The permanence, as a family unit, of the existing or proposed custodial home — This factor assesses who is in the child’s family unit.
• The moral fitness of the parties involved — A court would evaluate whether a parent’s alcohol or drug abuse, extra-marital affair, or other negative behavior affected the child.
• The mental and physical health of the parties involved — This factor considers whether a parent has a physical disability or mental health challenges that significantly interfere with their ability to care for the child.
• The child’s home, school, and community record — A judge would examine the child’s school attendance and performance, their involvement in school or community activities, and each parent’s role in supporting them.
• The child’s preferences, if they are of sufficient age to express them — If a child is mature enough, the court would consider their preferences regarding the custody arrangement.
• The willingness of each parent to encourage a relationship between the child and the other parent — A judge would assess how each parent would cooperate with the parenting time schedule and promote the child’s relationship with the other parent.
• Any instances of domestic violence — The court would consider any pattern of domestic violence and physical or non-physical abuse.
• Any other factors the court deems relevant — A court can evaluate any other factors that are relevant beyond those outlined in the statute, such as a child’s special needs, the interests of siblings in remaining together, and how far apart the parents live.

Importantly, no one factor is dispositive in a custody case — and a judge does not need to weigh all the factors equally. While each must be considered when determining what is in the best interests of the child, a judge might decide that some factors are more important than others.

What Evidence Can Prove the “Best Interests of the Child?”

Presenting solid evidence in a custody dispute that demonstrates your proposed custody arrangement is in your child’s best interests can help strengthen your case. A judge will consider testimony from both parents — as well as witness testimony from family members, teachers, neighbors, friends, medical professionals, and childcare workers. They may also look at school records, medical records, police reports, and other documentation.

Additionally, social media posts may come into play to raise questions about parental fitness. For instance, posts can be used to demonstrate a parent’s reckless behavior, poor judgment, and lack of stability. Even private messages sent through social media channels may be used against a parent in court.

Can Mediation Be Used to Determine Child Custody Matters?

Child custody matters don’t always need to be decided by the court. In fact, since parents know their child best, judges prefer that they work out an agreement to their dispute outside the courtroom. Mediation is a form of alternative dispute resolution that can allow parents to find creative solutions that meet their child’s needs — and settle their case without judicial intervention.

With mediation, parents are empowered to reach a resolution that puts the best interests of the child first and foremost. During the sessions, a neutral third party, called a mediator, guides the discussion between the parents, facilitates healthy communication, and encourages collaboration. Since parents are actively involved in the process of finding a mutually agreeable solution, they are often more satisfied with the outcome than they would be if a judge had decided the case.

Contact an Experienced Michigan Child Custody Attorney

If you are facing a child custody dispute, it’s essential to have a skillful family law attorney by your side to protect your rights and ensure the best interests of your child are met. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a wide range of family law services to clients in Michigan and strives to secure the best possible outcome in every case.

You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.