When parents divorce in Michigan, family courts are tasked with determining child custody and parenting time arrangements that prioritize the best interests of the child. In some cases, they may consider the child’s own preference about which parent they wish to live with. However, courts do not simply defer to a child’s wishes; rather, the child’s preference is one factor among many that the court weighs under the statutory “best interests of the child” standard.
The Michigan Child Custody Act lists several factors for courts to consider when determining custody. One of these is the “reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.” This means the judge must believe the child is mature enough to formulate an independent and meaningful opinion. There is no strict age at which a child’s views become relevant; rather, it is a matter of the particular child’s maturity, intelligence, and ability to articulate their reasons.
When evaluating preference, the court examines whether the child’s choice is truly “reasonable.” This involves assessing if the preference is based on rational reasons—such as the quality of the relationship with a parent, stability of home environment, or school proximity—rather than on transient preferences like which parent has fewer rules or allows more privileges. If the court feels a child’s preference is not the product of mature reasoning, it may give less weight to that opinion.
The process for eliciting and considering a child’s preference is structured to protect the child’s emotional well-being and prevent parental manipulation. The judge will speak privately with the child in an “in camera interview.” This one-on-one conversation is conducted in the judge’s chambers rather than the courtroom, and generally, neither parent nor their attorneys are present, though a court reporter may record the interview. The privacy of the interview helps protect the child from feeling pressure or fear of retaliation and allows them to speak candidly.
The judge may ask open-ended questions about each parent, the child’s daily life, and specific concerns or preferences regarding their living situation. However, courts usually avoid making the child feel responsible for the ultimate decision. After the interview, the judge will consider the child’s expressed preference in addition to all other statutory factors, such as emotional ties, each parent’s capacity to provide, and any history of domestic violence.
The weight given to the child’s preference varies based on age, demonstrated maturity, and the rationale behind their wishes. As children approach their teenage years, their preferences may carry more influence. Still, the court will issue a custody and parenting time order based on the child’s best interests, even if that does not align with the child’s stated wishes.
Dawson Family Law, PLLC in Troy advises Michigan clients on child custody and other family law matters. To make an appointment for a free initial consultation, please call 586-514-0084 or contact us online.
