Michigan Compiled Laws

Mich. Comp. Laws § 712.14 (2026)

Determination of custody; basis; newborn's best interest; factors.

✓ current as of July 2026

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PROBATE CODE OF 1939

Act 288 of 1939

712.14 Determination of custody; basis; newborn's best interest; factors.

Sec. 14.

(1) In a custody action under this chapter, the court shall determine custody of the newborn based on the newborn's best interest. The court shall consider, evaluate, and make findings on each factor of the newborn's best interest with the goal of achieving permanence for the newborn at the earliest possible date.

(2) A newborn's best interest in a custody action under this chapter is all of the following factors regarding a parent claiming parenthood of the newborn:

(a) The love, affection, and other emotional ties existing between the newborn and the parent.

(b) The parent's capacity to give the newborn love, affection, and guidance.

(c) The parent's capacity and disposition to provide the newborn 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 permanence, as a family unit, of the existing or proposed custodial home.

(e) The parent's moral fitness.

(f) The parent's mental and physical health.

(g) Whether the parent has a history of domestic violence.

(h) If the parent is not the parent who surrendered the newborn, the opportunity the parent had to provide appropriate care and custody of the newborn before the newborn's birth or surrender.

(i) Any other factor considered by the court to be relevant to the determination of the newborn's best interest.

History: Add. 2000 Act 232, Eff. Jan. 1, 2001

Compiler's Notes:

Enacting section 1 of Act 232 of 2000 provides:

“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”

PopularName Notes:

Baby Abandonment

PopularName Notes:

Baby Drop Off

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 2018–2022 · leading case: In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018).

Sort: Relevance Newest Treatment

In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018). “If the children's biological father never claimed paternity or petitioned for custody, the child placing agency would have had to "immediately file a petition with the court to determine whether the court shall enter an order terminating the rights of the nonsurrendering…”

in Re Baby Boy Doe (Mich. Ct. App. 2021). · cites it 3× “MCL 712.14 provides the procedure for holding a hearing on a petition for custody, and requires the court to “determine custody of the newborn based on the newborn’s best interest.”

Od in Re Baby Boy Doe (Mich. Ct. App. 2022). · cites it 2× “To the extent that MCL 712.14 allows termination of parental rights without a prior adjudication of parental unfitness, it is clearly constitutionally infirm.”

in Re Miller Minors (Mich. Ct. App. 2018). “See MCL 712.14. If the biological father never claimed paternity, the trial court would have terminated the parental rights of the biological father.”

in Re Baby Boy Doe (Mich. Ct. App. 2021). “Such a limited remedy would, at least, be consistent with the purposes of the statutory confidentiality provisions, and would still permit respondent to make a meaningful argument regarding the reasonableness of respondent’s efforts with the benefit of that knowledge—if any.”

O in Re Baby Boy Doe (Mich. Ct. App. 2022). “MCL 712.14; see also In re Miller, 322 Mich App 497, 506 ; 912 NW2d 872 (2018).”

— Mich. Comp. Laws § 712.14(1) — 1 case

in Re Baby Boy Doe (Mich. Ct. App. 2021). “MCL 712.14 provides the procedure for holding a hearing on a petition for custody, and requires the court to “determine custody of the newborn based on the newborn’s best interest.”

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