Can a Child Choose Who to Live with in Michigan Custody Proceedings?

Child custody is often the most difficult aspect of many divorces and is usually the primary source of conflict between the divorcing parents.

Frequently, children express a preference regarding which parent they wish to live with, and the courts may take this into account as part of their decision. However, custody is not determined solely by the child’s preference.

In certain situations, this preference may have minimal impact on the court's final decision.

The Basics of Michigan Child Custody Proceedings

When issues of child custody arise – whether during divorce, disputes between unmarried co-parents, or modifications to post-divorce settlements – Michigan courts make decisions based on what they deem to be in the best interests of the child.

The courts evaluate various factors to determine this, including the child’s emotional, educational, and physical well-being, the stability of each parent’s home, each parent’s ability to provide love, guidance, and financial support, and any history of domestic violence or substance abuse.

Legal proceedings involving children must be filed in the county where either the parent filing the case or the children reside. If the parents are divorcing, they must resolve custody, visitation, and support issues before the divorce can be finalized.

If the parents were never married, they need to establish paternity.

At this stage, many counties require parents to complete certain classes, meet with a friend of the court for a conciliation meeting, and/or undergo mediation before the courts will hear their case. The courts will only get involved after these less-contentious options have been exhausted.

Understanding the Child's Best Interest

The central concern of Michigan custody laws is the child's best interest. This involves multiple factors that together influence the court's decision. Michigan’s best interest factors are crucial in emphasizing the child's well-being. The factors considered by the court include:

• The family environment and the stability present in each parent’s home

• The deep emotional ties that exist between the child and each parent

• Each parent’s capability to meet both the emotional and physical needs of the child

• The child’s academic performance

• The moral standing and character of each parent

• The state of physical and mental health of each parent

• The level of willingness exhibited by the parents to promote and support a relationship between the child and the other parent

• The presence or absence of any history of domestic violence within the family

• Specific circumstances, such as a parent’s job that requires a lot of travel

• The child’s own stated preferences

• Any additional factors the judge deems pertinent to the case

Moreover, Michigan custody laws focus on fostering and preserving stable and positive relationships between the child and both parents.

Although some might question, “Can a child decide which parent to live with?” it's important to recognize that the decision involves more than just the child's preferences. The court will always prioritize an environment that provides safety, stability, and a nurturing atmosphere over the child's desires.

At What Age Can Children Voice Their Custody Preference?

Can a child choose which parent to live with in Michigan?

According to Michigan custody laws, a child cannot legally choose where to live until they reach the age of majority (18). Very young children often cannot express their preferences reasonably. Additionally, there's a risk that a parent might influence a young and impressionable child to obtain a favorable outcome.

Generally, the court is interested in hearing from children who are mature enough to express their preferences without parental influence. While children mature at different rates, the older a child is, the more likely the court will consider their wishes in its decision.

Is it Necessary for the Child to Testify in Court?

Having a child testify in court is emotionally challenging for everyone involved.

Generally, Michigan courts prefer to avoid having children testify in family legal matters. Instead, they may use alternative approaches, such as interviewing the child in the judge’s chambers, to understand their feelings and preferences without exposing them to the pressures of the courtroom.

Guardian ad Litem or Custody Evaluators

In certain situations, the court may appoint a guardian ad litem, child psychologist, or custody evaluator to represent the child’s interests. These individuals can offer insights into the child’s needs and preferences without requiring the child to testify.

In-Camera Interview

Rather than having the child testify in open court, some judges may choose an “in-camera” interview. This is a private meeting in the judge’s chambers, away from the formal courtroom environment, parents, and attorneys. The aim is to help the child feel more comfortable.

How are Child Custody and Parenting Time Decided?

Custody lawyers in Michigan will tell you that the state recognizes two types of custody: legal and physical. Legal custody describes the right of parents to decide where the child will go to school, what religious training they receive (if any), and what medical care they receive.

Physical custody determines where the child lives and how much time they spend with each parent. It also gives parents the legal right and obligation to care for the child while in custody.

Parenting time is a limited form of custody, formerly called “visitation.” Child custody in Michigan could be joint or single. When deciding specifics for child custody, the court considers the best interest factors and, if the child is old enough, their stated preference.

What is the Role of Friend of the Court?

The Friend of the Court plays a crucial role in Michigan’s child custody cases. Since its establishment in 1919, Michigan’s Friend of the Court (FOC) offices have supported the family division of each circuit court. Their main responsibilities include:

• Conducting investigations and providing recommendations on issues such as custody, parenting time, child support, and medical support when directed by the judge

• Providing alternative dispute resolution services for conflicts regarding custody, parenting time, or support

• Working with the Michigan State Disbursement Unit (MiSDU) to handle support payments as ordered by the court

• Assisting in the enforcement of court orders related to custody, parenting time, and support

• Providing forms for motions and responses concerning custody, parenting time, support, change of domicile, and repayment plans

However, the FOC is not able to:

• Investigate criminal activities or abuse and neglect, although they must report any observed abuse and neglect.

• Modify a court order.

• Provide legal advice.

Below are links to the Friend of the Court offices for the biggest counties in Michigan:

WAYNE KENT

OAKLAND LIVINGSTON

MACOMB WASHTENAW

INGHAM