OMichigan child custody

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Michigan Child Custody Laws

Best Interests of the Child.
Parenting time shall be granted in accordance with the best interests of the child. “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.

(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.

-From Section 722.23 of the Michigan Revised Statutes

Factors in Determining Visitation.
Michigan refers to visitation as "parenting time". According to Michigan statutes, the court may consider the following factors when determining the frequency, duration, and type of parenting time to be granted:

(a) The existence of any special circumstances or needs of the child.

(b) Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing.

(c) The reasonable likelihood of abuse or neglect of the child during parenting time.

(d) The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.

(e) The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time.

(f) Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.

(g) Whether a parent has frequently failed to exercise reasonable parenting time.

(h) The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent's temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent's intent to retain or conceal the child from the other parent.

(i) Any other relevant factors.

During the time a child is with a parent to whom parenting time has been awarded, that parent shall decide all routine matters concerning the child.

-From Section 722.27b of the Michigan Revised Statutes

Agreement by the Parents.
If the parents of a child agree on parenting time terms, the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child.

-From Section 722.27b of the Michigan Revised Statutes

Joint Custody.
“Joint custody” means (a) that the child shall reside alternately for specific periods with each of the parents, and (b) that the parents shall share decision-making authority as to the important decisions affecting the welfare of the child.

The court shall determine whether joint custody is in the best interest of the child by considering the following factors:

(a) The factors listed above for "Best Interests of the Child".

(b) Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.

If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record, based upon clear and convincing evidence, that joint custody is not in the best interests of the child.

Joint custody shall not eliminate the responsibility for child support. Each parent shall be responsible for child support based on the needs of the child and the actual resources of each parent. An order of joint custody, in and of itself, shall not constitute grounds for modifying a support order.

-From Section 722.26a of the Michigan Revised Statutes

Access to Records.
Notwithstanding any other provision of law, a parent shall not be denied access to records or information concerning his or her child because the parent is not the child's custodial parent, unless the parent is prohibited from having access to the records or information by a protective order. “Records or information” includes, but is not limited to, medical, dental, and school records, day care provider's records, and notification of meetings regarding the child's education.

-From Section 722.30 of the Michigan Revised Statute

Minnesota Laws on Best Interest of the Child.
(518.17)
Minnesota laws assign custody based on the "best interests of the child," meaning all relevant factors to be considered and evaluated by the court including: 

1. The wishes of the child's parent or parents as to custody;

2. The reasonable preference of the child as to custody, if the court deems the child to be of sufficient age to express preference;

3. The child's primary caretaker;  

4. The intimacy of the relationship between each parent and the child;  

5. The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;

6. The child's adjustment to home, school, and community;  

7. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;  

8. The permanence, as a family unit, of the existing or proposed custodial home;  

9. The mental and physical health of all individuals involved; except that a disability of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custody arrangement is not in the best interest of the child;

10. The capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;  

11. The child's cultural background;  

12. The effect on the child of the actions of an abuser, if related to domestic abuse that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and  

13. The disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

The court may not use one factor to the exclusion of all others in determining custody of a child. Minnesota laws do not allow the court to consider conduct of a proposed custodian that does not affect the custodian's relationship to the child. 

Joint Legal or Physical Custody Guidelines.
In addition to the factors listed above, where either joint legal custody or joint physical custody is contemplated or sought, the court shall consider the following relevant factors: 

1. The ability of parents to cooperate in the rearing of their children; 

2. Methods for resolving disputes regarding any major decision concerning the life of the child, and the parents' willingness to use those methods; 

3. Whether it would be detrimental to the child if one parent were to have sole authority over the child's upbringing; and 

4. Whether domestic abuse has occurred between the parties.

Joint Legal Custody.
The court shall use a refutable presumption that upon request of either or both parties, joint legal custody is in the best interest of the child. However, the court shall use a refutable presumption that joint legal or physical custody is not in the best interests of the child if domestic abuse has occurred between the parents. 

Access to Records.
Minnesota laws give each party the right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children. The laws also give each party the right of access to information regarding health or dental insurance available to the minor children. Each party shall keep the other party informed as to the name and address of the school of attendance of the minor children. Each party has the right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent-teacher conferences. The school is not required to hold a separate conference for each party. In case of an accident or serious illness of a minor child, each party shall notify the other party of the accident or illness, and the name of the health care provider and the place of treatment. Each party has the right to reasonable access and telephone contact with the minor children. The court may waive any of the rights under this section if it finds it is necessary to protect the welfare of a party or child.