Whether you are in the middle of a custody proceedings, or you are anticipating some in the
future, you probably wonder: What factors will the judge look at for physical custody?
It’s a question that can keep you up at night, so let’s break it down in a few simple terms so you
can rest easy.
First, the difference between legal and physical custody
Custody actually has two categories–legal and physical. Legal custody relates to the decisions
parents make for their children. Often, courts give both parents legal custody, so they are
making decisions together for their child. Physical custody, on the other hand, relates to who
has physical care of the child, which can differ greatly from family to family.
Now, the “best interest of the child” factors
In Michigan, there are 12 factors a judge will look at to make a decision that is in the best
interest of the child. While each factor is important, each family’s case is different and the
judge will weigh the factors depending on your situation.
Below are the factors, and a few questions the judge might ask to help them come to the best
decision.
A. Love, affection, and other emotional ties
It’s important to consider: Who is the child bonded with? Who does the child go to with a
problem? How much time does each parent spend with the child each day? How often
does each parent bathe the child, put the child to bed, and read stories?
B. Ability to give guidance and provide for educational needs
A judge may ask: Who stays home from work if the child is sick? Who usually handles
sports, school, and other activities? How does each parent talk to or discipline the child?
C. Ability to provide food, clothing, or medical care
Who attends to any special needs of the child? Who makes doctor’s appointments? Is
there a child support order, and how are the parents providing for the child’s needs?
D. Ability to provide a stable home environment
Essentially, who can provide more stability for the child?
E. Permanence of existing homes
Who is in each parent’s family unit? Will the child live with siblings, or half-siblings?
F. The moral fitness of the parents
A court may look at: Has either parent had an affair that the child knew about? Has there
been abuse in the home? Does either parent struggle with addiction?
G. Mental and physical health of the parties
Does either parent have physical or mental health problems that interfere with their
ability to care for the child?
H. Ability of the child to adjust to home, community, and school
Parents should think about: How does each parent encourage attendance at school?
Who will make sure the child sees and talks to their friends? Who helps with homework?
I. The child’s reasonable preference if the child is of sufficient age
It is up to the judge to decide if the child is old enough and mature enough to make their
preference known.
J. Willingness of each party to encourage continuing parent-child relationship with
the other party
Will each parent cooperate with the parenting time schedule? How do they talk about the
other parent?
K. Whether there has been domestic violence in the home
L. A judge may ask, has either parent been threatening, emotionally abuse, or physically
violent? Is there a pattern of domestic violence?
L. Any other factor a judge considers relevant
For example, if either parent has missed visits with the child, if there are siblings whose
custody is relevant to this child’s custody arrangement, or how far apart the parents live.
Determining custody can feel like an emotional process, but with the team at Striegle Law to
navigate you through the court system, we can support you through this time. Visit us at
https://strieglelaw.com/contact/ or call us at (616) 207-8804 to schedule your free consultation to
discuss your custody questions.