If you want to understand how a judge decides child custody in Michigan, the law gives you a clear starting point. Under Michigan’s Child Custody Act, there are 12 “best interest” factors for a judge to consider. Every judge is required to consider every factor in detail. That statute is in the Michigan Child Custody Act, Michigan Compiled Law (MCL) 722.23, and is commonly known as the “Best-Interest-Factors” statute.
We won’t go through all 12 factors here — that’s a longer discussion for another day. But there’s something more useful to understand first in thinking about those factors, because three concepts sit underneath almost every one of those factors and drive what a judge is really looking for: security, stability, and consistency.
What Does a Judge Look At in a Custody Case?
Each of the 12 best interest factors covers a separate aspect of a child’s life. Each factor includes what each parent does with and for the children, and what the child’s needs are. A judge is required to go through each separate factor in every custody case. But across nearly every factor, the same three themes will impact how a judge weighs the evidence: security, stability, and consistency.
The Three Things That Matter Most
Every Judge knows, and every parent should know, that there is nothing more important than a child knowing that these three things exist in their world, and that is what a judge focuses on:
- Security. How secure is the child where they are living — and how secure are they with each parent?
- Stability. How stable is the child’s living environment, and how stable is each parent?
- Consistency. Is there a pattern the child can count on? Are the parents reliably present in their children’s lives?
Whose Wishes Does the Judge Care About?
Not mom’s, and not dad’s. A judge does not decide custody based on what one parent wants over the other. The focus is always on what is in the best interest of the child — and that comes down to how secure, stable, and consistent that child’s life is with each parent.
What Does “Consistency” Really Mean?
Consistency is about patterns. Is there a routine the child and each parent follow? Are the parents reliably there for their children? A parent who disappears for weeks at a time without seeing their child is not being consistent — and a judge will notice. Showing a steady, dependable pattern of involvement speaks directly to what the court is looking for. Consistency is the foundation for security and stability.
The Bottom Line
When you are in a custody dispute, you will always look at and prepare for the 12 “best interest” factors, but you have to always focus on the three things the judge focuses on: security, stability, and consistency. The court will apply those overriding themes to all 12 statutory factors.
If you can show that your child’s life with you is secure, stable, and consistent, you are speaking the language the court cares about most. An experienced Michigan family law attorney can help you understand how the 12 factors apply to the specific facts of your case, and make sure the Judge in your case sees the security, the stability and consistency you provide for your child or children.
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