Parents going through custody disputes in Ingham, Eaton, Clinton, and Jackson counties often ask if their child’s preference matters to the judge. A common misconception is that Michigan law sets a “magic age” when a child can choose which parent they live with. The truth is a little more complex.
Michigan Law: The Child’s Preference as a Best Interests Factor
Under Michigan law, one of the 12 best interests of the child factors is “the reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.”
This means:
- There is no set age.
- Judges determine whether the child is capable of forming a reasonable preference based on maturity and understanding.
- Even if a child strongly prefers one parent, the court must still weigh all best-interest factors.
Friend of the Court and Custody Interviews
In all of our Mid-Michigan cases where custody is contested, the Friend of the Court (FOC) will meet with the child in a private interview. The parents are not told what the child said to protect them from pressure or retaliation by either parent. However, the Friend of the Court investigator will use the child’s preference to whatever degree they determine is appropriate under the unique circumstances of each case. Our family court judges do pretty much the same thing. They decide how much weight to give a child’s preferences. Sometimes that means no weight will be given to what the child wants. Other times, judges give considerable consideration to the child’s wishes. It just depends on the judge and the child.
Why There Is No “Magic Age”
Michigan law recognizes that children need protection from conflicts of loyalty and outside pressure. Therefore, the child is never allowed to unilaterally choose custody. The child’s opinion is only one factor in the much bigger “best interest” analysis. The court’s focus is always to ensure that custody arrangements serve the best interests of the child in the long term. It is important that this can change over time.
FAQs About Child Custody Preferences in Michigan
Q: Can my child choose which parent to live with at age 12 or 14?
No. Michigan law does not set a specific age. The judge decides whether your child is mature enough to express a reasonable preference. The older the child gets, the more they mature. Judges in family courtrooms in Lansing, Charlotte, Jackson, Howell, and St. Johns all look at those things.
Q: Will the judge ask my child to testify in court?
Usually no. Judges or the Friend of the Court often interview children privately to avoid putting them in the middle of a courtroom battle. It is extremely rare for a child to testify in court.
Q: If my child wants to live with me, will that guarantee custody?
Not necessarily. The court weighs evidence concerning several different factors to make a decision. Family Court judges are like the rest of us. They are human beings with different opinions, different life experiences, and different interpretations.
Q: Can both parents find out what the child said?
No. Parents are never told the details of what the child said. All over Mid Michigan, judges zealously work to protect children from the possibility that one parent or the other would be upset by what the child indicates about their preferences.
Q: Do I need a lawyer if my child wants to live with me?
Yes. Even if the child’s preference favors you, courts look at the full picture, meaning all 12 of the best interest factors. You can find a discussion of all of the child custody factors in other blogs we have published. You can read the list of factors by searching for MCL 722.23 online.
Why You Need an Experienced Custody Attorney
Parents should never rely solely on what their child wants. It’s only one of 12 factors. Our judges weigh stability, parental fitness, history of domestic violence, and many other considerations. A skilled Mid-Michigan custody attorney can:
- Ensure the child’s opinion is properly presented along with evidence concerning all other relevant factors.
- Challenge or support FOC recommendations.
- Advise you on the process and steps to take.
- Advocate for your parental rights.
At The Kronzek Firm, we have decades of experience fighting for the rights of Michigan parents. We will work with you to gather the information necessary to advocate for the outcome you deserve. We strategically build a case addressing all the best-interest factors and lots of other information that can effect custody and parenting time decisions. Whether you are in Ingham, Eaton, Clinton County, or elsewhere in Mid-Michigan, we can help you. Contact us today for a consultation.
📞 Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Lansing office 24/7 by calling (517) 886-1000 or by email at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]