Mich. Comp. Laws » Michigan Compiled Laws / Chapter 722 / Act 91 of 1970

Mich. Comp. Laws § 722.23

"Best interests of the child" defined.

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CHILD CUSTODY ACT OF 1970


Act 91 of 1970


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

Notes of Decisions
Cited in 703 cases (258 in the last 5 years), 1972–2026 · leading case: Pierron v. Pierron
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Pierron v. Pierron (2009) michctapp · cites it 43× “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Pierron v. Pierron (2010) mich · cites it 24× “her a proposed change of school to one that is 60 miles from the child's present school would modify the established custodial environment of that child and whether, absent a change in the established custodial environment, the trial court must, when considering an important…”
Hunter v. Hunter (2009) mich · cites it 27× “To achieve this balance, Heltzel held: [C]ustody of a child should be awarded to a third-party custodian instead of the child's natural parent only when the third person proves that all relevant factors, including the existence of an established custodial environment and all…”
Demski v. Petlick (2015) michctapp · cites it 17× “He or she must establish by clear and convincing evidence that it is not in the child’s best interests under the factors specified in MCL 722.23 for the parent to have custody.”
Fletcher v. Fletcher (1994) mich · cites it 16× “See MCL 722.23; MSA 25.312(3). [1] Although the referee found that most of the factors were of neutral weight, he did find that factors b and c weighed slightly in favor of the defendant and factor f weighed slightly in favor of the plaintiff.”
Kimberly Marie Marik v. Peter Brian Marik (2018) michctapp · cites it 11× “At the conclusion of the hearing, the trial court did not expressly address whether there was an established custodial environment, whether the requests would change that environment, or whether the requests weighed in favor of the individual best-interest factors under MCL…”
Jason Andrew Griffin v. Rebekah Marie Griffin (2018) michctapp · cites it 10× “And considering that the trial court found in favor of defendant on four of the child custody best-interest factors, MCL 722.23, with the remaining factors being even, except for one,4 the court would be forced again to rule in favor of defendant, even on the…”
MacIntyre v. MacIntyre (2005) michctapp · cites it 14× “7 The twelve factors to be considered in determining the best interests of a minor child are enumerated in MCL 722.23. 8 In rendering his or her custody *452 determination, the finder of fact must state his or her factual findings and conclusions under each best interest factor.”
McIntosh v. McIntosh (2009) michctapp · cites it 9× “In order to resolve a child custody dispute, a trial court must evaluate the best interests of the child in light of the factors in MCL 722.23: “[B]est interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:…”
DeRose v. DeRose (2003) mich · cites it 11× “MCL 722.23 states, "As used in this act, "best interests of the child" means the sum total of the following factors.”
Rittershaus v. Rittershaus (2007) michctapp · cites it 8× “If the trial court finds that an established custodial environment existed with respect to defendant, then the trial court must conduct an inquiry into whether a change in domicile is in the minor children’s best interests, MCL 722.23. With respect to the trial court’s order…”
Phillips v. Jordan (2000) michctapp · cites it 10× “§ 722.23; MSA 25.312(3) to determine the best interests of the child.”
Show all 703 citing cases →
— Mich. Comp. Laws § 722.23(1) — 5 cases
DeRose v. DeRose (2003) mich “MCL 722.23 states, "As used in this act, "best interests of the child" means the sum total of the following factors.”
Powery v. Wells (2008) michctapp
LaFleche v. Ybarra (2000) michctapp
Mogle v. Scriver (2000) michctapp
Mason v. Simmons (2005) michctapp
— Mich. Comp. Laws § 722.23(3) — 1 case
In Re bey/douglas Minors (2023) michctapp
— Mich. Comp. Laws § 722.23(Z) — 3 cases
McIntosh v. McIntosh (2009) michctapp “In order to resolve a child custody dispute, a trial court must evaluate the best interests of the child in light of the factors in MCL 722.23: “[B]est interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:…”
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Diez v. Davey (2014) michctapp
— Mich. Comp. Laws § 722.23(a) — 111 cases
Hunter v. Hunter (2009) mich “To achieve this balance, Heltzel held: [C]ustody of a child should be awarded to a third-party custodian instead of the child's natural parent only when the third person proves that all relevant factors, including the existence of an established custodial environment and all…”
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Mary Ilene McRoberts v. Kyle Andrew Ferguson (2017) michctapp
Vodvarka v. Grasmeyer (2004) michctapp
Jason Andrew Griffin v. Rebekah Marie Griffin (2018) michctapp “And considering that the trial court found in favor of defendant on four of the child custody best-interest factors, MCL 722.23, with the remaining factors being even, except for one,4 the court would be forced again to rule in favor of defendant, even on the…”
— Mich. Comp. Laws § 722.23(a)(e) — 1 case
Monique Rose Marie Cadeau v. Wayne Joseph Anderson (2024) michctapp
— Mich. Comp. Laws § 722.23(b) — 102 cases
Hunter v. Hunter (2009) mich “To achieve this balance, Heltzel held: [C]ustody of a child should be awarded to a third-party custodian instead of the child's natural parent only when the third person proves that all relevant factors, including the existence of an established custodial environment and all…”
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Diez v. Davey (2014) michctapp
McIntosh v. McIntosh (2009) michctapp “In order to resolve a child custody dispute, a trial court must evaluate the best interests of the child in light of the factors in MCL 722.23: “[B]est interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:…”
Rains v. Rains (2013) michctapp
— Mich. Comp. Laws § 722.23(c) — 113 cases
Pierron v. Pierron (2010) mich “her a proposed change of school to one that is 60 miles from the child's present school would modify the established custodial environment of that child and whether, absent a change in the established custodial environment, the trial court must, when considering an important…”
Dailey v. Kloenhamer (2011) michctapp
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Berger v. Berger (2008) michctapp
Phillips v. Jordan (2000) michctapp “§ 722.23; MSA 25.312(3) to determine the best interests of the child.”
— Mich. Comp. Laws § 722.23(d) — 113 cases
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Phillips v. Jordan (2000) michctapp “§ 722.23; MSA 25.312(3) to determine the best interests of the child.”
MacIntyre v. MacIntyre (2005) michctapp “7 The twelve factors to be considered in determining the best interests of a minor child are enumerated in MCL 722.23. 8 In rendering his or her custody *452 determination, the finder of fact must state his or her factual findings and conclusions under each best interest factor.”
Kessler v. Kessler (2011) michctapp
Bowie v. Arder (1992) mich
— Mich. Comp. Laws § 722.23(e) — 90 cases
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Fletcher v. Fletcher (1994) mich “See MCL 722.23; MSA 25.312(3). [1] Although the referee found that most of the factors were of neutral weight, he did find that factors b and c weighed slightly in favor of the defendant and factor f weighed slightly in favor of the plaintiff.”
Phillips v. Jordan (2000) michctapp “§ 722.23; MSA 25.312(3) to determine the best interests of the child.”
Rains v. Rains (2013) michctapp
MacIntyre v. MacIntyre (2005) michctapp “7 The twelve factors to be considered in determining the best interests of a minor child are enumerated in MCL 722.23. 8 In rendering his or her custody *452 determination, the finder of fact must state his or her factual findings and conclusions under each best interest factor.”
— Mich. Comp. Laws § 722.23(f) — 86 cases
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Pierron v. Pierron (2010) mich “her a proposed change of school to one that is 60 miles from the child's present school would modify the established custodial environment of that child and whether, absent a change in the established custodial environment, the trial court must, when considering an important…”
Hunter v. Hunter (2009) mich “To achieve this balance, Heltzel held: [C]ustody of a child should be awarded to a third-party custodian instead of the child's natural parent only when the third person proves that all relevant factors, including the existence of an established custodial environment and all…”
Wright v. Wright (2008) michctapp
McIntosh v. McIntosh (2009) michctapp “In order to resolve a child custody dispute, a trial court must evaluate the best interests of the child in light of the factors in MCL 722.23: “[B]est interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:…”
— Mich. Comp. Laws § 722.23(g) — 51 cases
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Dailey v. Kloenhamer (2011) michctapp
MacIntyre v. MacIntyre (2005) michctapp “7 The twelve factors to be considered in determining the best interests of a minor child are enumerated in MCL 722.23. 8 In rendering his or her custody *452 determination, the finder of fact must state his or her factual findings and conclusions under each best interest factor.”
Wright v. Wright (2008) michctapp
Maier v. Maier (2015) michctapp
— Mich. Comp. Laws § 722.23(h) — 80 cases
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Corporan v. Henton (2009) michctapp
Dailey v. Kloenhamer (2011) michctapp
MacIntyre v. MacIntyre (2005) michctapp “7 The twelve factors to be considered in determining the best interests of a minor child are enumerated in MCL 722.23. 8 In rendering his or her custody *452 determination, the finder of fact must state his or her factual findings and conclusions under each best interest factor.”
Kessler v. Kessler (2011) michctapp
— Mich. Comp. Laws § 722.23(i) — 89 cases
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Pierron v. Pierron (2010) mich “her a proposed change of school to one that is 60 miles from the child's present school would modify the established custodial environment of that child and whether, absent a change in the established custodial environment, the trial court must, when considering an important…”
Grange Insurance Co of Michigan v. Edward Lawrence (2013) mich
In Re HRC (2009) michctapp
Molloy v. Molloy (2001) michctapp
— Mich. Comp. Laws § 722.23(j) — 124 cases
Sinicropi v. Mazurek (2007) michctapp
McIntosh v. McIntosh (2009) michctapp “In order to resolve a child custody dispute, a trial court must evaluate the best interests of the child in light of the factors in MCL 722.23: “[B]est interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:…”
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
Bayati v. Bayati (2005) michctapp
MacIntyre v. MacIntyre (2005) michctapp “7 The twelve factors to be considered in determining the best interests of a minor child are enumerated in MCL 722.23. 8 In rendering his or her custody *452 determination, the finder of fact must state his or her factual findings and conclusions under each best interest factor.”
— Mich. Comp. Laws § 722.23(k) — 73 cases
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
McIntosh v. McIntosh (2009) michctapp “In order to resolve a child custody dispute, a trial court must evaluate the best interests of the child in light of the factors in MCL 722.23: “[B]est interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:…”
Rains v. Rains (2013) michctapp
MacIntyre v. MacIntyre (2005) michctapp “7 The twelve factors to be considered in determining the best interests of a minor child are enumerated in MCL 722.23. 8 In rendering his or her custody *452 determination, the finder of fact must state his or her factual findings and conclusions under each best interest factor.”
Kessler v. Kessler (2011) michctapp
— Mich. Comp. Laws § 722.23(l) — 63 cases
Mary Ilene McRoberts v. Kyle Andrew Ferguson (2017) michctapp
MacIntyre v. MacIntyre (2005) michctapp “7 The twelve factors to be considered in determining the best interests of a minor child are enumerated in MCL 722.23. 8 In rendering his or her custody *452 determination, the finder of fact must state his or her factual findings and conclusions under each best interest factor.”
Howard v. Howard (2015) michctapp
William L Quint III v. Perla Maria Quint (2024) michctapp
Alexus Moyea Sanders v. David William Fox (2023) michctapp
— Mich. Comp. Laws § 722.23(l)(c) — 1 case
Pierron v. Pierron (2009) michctapp “Where a dispute arises, the Court must decide the issue utilizing the applicable best interest factors contained in the Child Custody Act, MCL 722.23... . In school cases, as in all cases where the custody analysis is triggered, the Court must initially ascertain whether a prior…”
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