Legal Question in Family Law in Michigan

Re: Child Custody

Thank you for visiting us.

The "12 Factors" are contained in Michigan's Statutory Law and can be found at Michigan Compiled Laws ("MCL") 722.23. They are:

(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 the 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.

The friend of the court, or the circuit court in a "de novo hearing" requested after a friend of the court determination, must address each of the 12 factors and make a finding, based upon the clear and convincing evidence standard, and determine the custody issue only after giving its reasons for each and every factor.

Again, thanks for visiting.

Tom Weiss