Michigan Compiled Laws
Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31)
Section 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. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child's other parent.
(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.
History: 1970, Act 91, Eff. Apr. 1, 1971 ;-- Am. 1980, Act 434, Imd. Eff. Jan. 14, 1981 ;-- Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993 ;-- Am. 2016, Act 95, Eff. Aug. 1, 2016

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 722 - Children

Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31)

Section 722.21 - Child Custody Act; Short Title.

Section 722.22 - Definitions.

Section 722.23 - "Best Interests of the Child" Defined.

Section 722.24 - Child Custody Disputes; Powers of Court; Appointment of Lawyer-Guardian Ad Litem.

Section 722.24a - Repealed. 2001, Act 108, Eff. Sept. 30, 2001.

Section 722.25 - Child Custody Dispute; Controlling Interests, Presumption; Award of Custody to Parent Convicted of Criminal Sexual Conduct or Acts of Nonconsensual Sexual Penetration; Prohibition; Support or Maintenance Obligation; Defense; "Offendi...

Section 722.26 - Liberal Construction and Application of Act; Purpose; Provisions Applicable to Child Custody Disputes and Actions; Precedence of Other Actions; Submission of Action; Habeas Corpus or Warrant.

Section 722.26a - Joint Custody.

Section 722.26b - Standing of Guardian or Limited Guardian of Child to Bring Action for Custody of Child; Filing of Action; Stay of Proceedings; Continuation of Order in Force; Copy of Judgment or Order of Disposition; Assignment of Judge.

Section 722.26c - Custody Action by Third Person; Conditions.

Section 722.26d - Custody Action by Third Person; Jurisdiction.

Section 722.26e - Custody Action by Third Person; Notice; Powers of Court.

Section 722.27 - Child Custody Disputes; Powers of Court; Support Order; Enforcement of Judgment or Order; Child Custody While Parent on Deployment.

Section 722.27a - Parenting Time.

Section 722.27b - Order for Grandparenting Time; Circumstances; Acknowledgment of Parentage; Commencement of Action; Procedures; Affidavit; Basis for Entry of Order; Best Interests of Child; Alternative Dispute Resolution; Frequency of Filing Complai...

Section 722.27c - Parenting Coordinator.

Section 722.28 - Child Custody Disputes; Appeal, Grounds.

Section 722.29 - Transition to Centralized Receipt and Disbursement of Support and Fees.

Section 722.30 - Access to Records or Information by Noncustodial Parent.

Section 722.31 - Legal Residence Change of Child Whose Parental Custody Governed by Court Order.