A common question most of my clients ask is "What factors do courts take into account when deciding who gets custody of the children?" Most family law courts in Michigan use a standard that gives the "best interests of the child" the highest priority when deciding in a custody battle. The court is looking out for the children's best interest, and not what is most convenient for the parents. The factors that are taken into account are:

• the child's preference, if the child is above a certain age (usually about 12)
• the impact on the child of changing the status quo, and
• the quality of the child's education in the current situation
• the child's establised living pattern (school, home, community, reliqious institution)
• the parent's ability to provide the child with food, shelter, clothing, and medical care
• the emotional bond between parent and child, as well as the parent's ability to give the child guidance
• the parent's lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse
• the parent's mental and physical health
• the child's age, sex, and mental and physical health

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