Can My Child Choose To Live With Me After Divorce in Michigan?

 Posted on April 03, 2025 in Divorce

The most prominent source of contention in the divorce process is the question of child custody, which centers around what is best for the child. In Michigan, the judge considers a child’s preference regarding placement, especially for older children, but the final decision lies with the court. A Northville, MI child custody attorney can help you navigate the laws that apply to these cases and fight to ensure your child’s voice is heard.

What Does "Best Interests of the Child" Mean?

The court considers several factors when determining what is in the best interest of a child during custody proceedings. This notion of fulfilling the child’s best interest is the foundation of Michigan custody statutes and includes the following elements:

• Whether the homes of both parents are stable environments

• If both parents are capable of nurturing the child’s mental, emotional, and physical needs

• The emotional ties the child has to each parent individually

• The overall well-being of both parents, including character and morality

• The child’s academic performance

• The child’s stated preference

Every case is judged based on a family’s unique circumstances and may include additional factors related to the specific situation. In every case, however, the court will prioritize ensuring the child’s placement is as safe and nurturing as possible.

Is the Child’s Testimony Required?

Legally, children cannot officially decide where they will live until they reach 18 years old. However, the older the child is during custody proceedings, the more likely the court will consider their preference.

Testifying in court is emotionally stressful for adults. Naturally, it can be the same for children. Instead of requiring a child to testify openly in court, they can opt for a private interview in the judge’s chambers, away from everyone. This environment can be more comfortable for the child, giving them the chance to express themselves freely. In some instances, the court may also name others, such as a guardian ad litem or child psychologist, to act on behalf of the child.

What Is the "Friend of the Court" in Michigan Custody Cases?

"Friend of the Court" is an office that serves the family division of the circuit court, assisting in matters related to custody, support, and parenting time, and performing the following roles:

• Offering recommendations when instructed

• Helping to enforce child custody and support orders

• Providing the necessary documentation for family-related plans

• Suggesting alternative services to resolve disputes

They do not provide legal counsel or have the power to change a court order, but they can offer useful resources and services to protect your child’s best interests during and after custody proceedings.

Speak With a Novi, MI Child Custody Attorney Today

At Elkouri Heath, PLC, we understand that the primary focus in any custody case is doing what is best for the child. This requires a thorough understanding of state custody law and deep compassion for you and your family. If you have questions about your child’s ability to choose where they live and what you can do about it, call 248-344-9700 to schedule a free consultation with an Oakland County, MI child custody lawyer today.