How is Child Custody Determined in Michigan?
The judge will award custody to that parent based on what the court believes is in the “best interests of the child,” as defined in the Michigan Child Custody Act. First, the judge must decide whether the child has an established custodial environment with one or both parents. A child has an established custodial environment if over time the child naturally looks to the parent in that environment for guidance, discipline, necessities and parental comfort. If the child has an established custodial environment with one parent, the judge cannot change it unless there is “clear and convincing” evidence that it is in the best interests of the child. Second, the judge must consider and evaluate the 12 best interest factors, which are listed below.What does the court consider in determining child custody? The judge will listen to testimony and evidence from the parties, family, teachers, expert witnesses, and others. Tangible evidence will also be examined such as school records and medical r
