Washtenaw County Friend of the Court Information

Custody

This paragraph of the Judgment of Divorce or final court order dictates which person or agency will have the responsibility (custody) for the minor child(ren) and make the day-to-day decisions regarding the child(ren). One of the parents of the child(ren) is usually designated as the custodial parent or joint custody may be awarded; however, the court can decide that another individual or agency should be the custodian in unusual situations.

Custody is contested when a dispute exists regarding the custodial arrangement and the matter is brought before the court through a petition. In disputes between parents and third parties (e.g., grandparent, stepparent) or agencies, the court will determine custody based on the “best interests” of the child. The Friend of the Court may prepare a report to assist the judge in his/her determination. The report is prepared following an investigation of all parties.

Factors the court MUST consider in determining custody

In disputes between a parent and an agency or third party, there is a presumption in favor of the parent. Michigan has abandoned the presumption favoring the mother as the custodial parent. The court will consider the following factors as outlined in the Michigan Child Custody Act ( MCL 722.23):

1. The love, affection, and other emotional ties existing between the parties involved and the child.
2. The capacity and disposition of the parties involved to give the child love, affection, and guidance and continuation of the education and raising of the child in his/her religion or creed, if any.
3. 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.
4. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
5. The permanence, as a family unit, of the existing or proposed custodial home or homes.
6. The moral fitness of the parties involved.
7. The mental and physical health of the parties involved.
8. The home, school, and community record of the child.
9. The reasonable preference of the child, if the Court deems the child to be of sufficient age to express preference.
10. 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.
11. Domestic violence, regardless of whether the violence was directed against, or witnessed by the child.
12. Any other factor considered by the Court to be relevant to a particular child custody dispute.