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MI Elements of Child Custody - Best Interest of the Child

When determining child custody in Michigan it is important to know and understand the best interest of the child pursuant to MCL 722.23. See below:

 

722.23 “Best interests of the child” defined.

Sec. 3. As used in this act, “best interests of the child” means the sum total of the following factors to be

considered, evaluated, and determined by the court:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and

to continue the education and raising of the child in his or her religion or creed, if any.

(c) 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.

 (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of

maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express

preference.

(j) 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 or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(l) Any other factor considered by the court to be relevant to a particular child custody dispute.

Link: 
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