No, in Michigan, a 13-year-old cannot solely choose which parent to live with. The ultimate decision rests with a judge, who considers the child's preference as one of many factors in determining custody.
The Judge's Role in Custody Decisions
In Michigan, child custody decisions are always made by a judge based on the "best interests of the child" standard. While a child's wishes are important, they are not the sole determining factor.
Child's Preference is a Factor, Not a Choice
There is no specific age in Michigan at which a child can legally decide where they want to live. Instead, it is up to the judge to determine if a child is old enough and mature enough to express a reasonable preference regarding their living arrangements. For children who are older or more mature, such as a 13-year-old, judges will typically give more weight to their stated preference.
However, even with a strong preference, the 13-year-old's choice is not binding on the court. The judge will evaluate their preference alongside all other relevant factors to ensure the final decision serves the child's overall well-being.
The "Best Interests of the Child" Standard
Michigan courts are required to consider a comprehensive set of factors to determine what is in the child's best interests. The child's preference is just one of these important considerations.
Key Factors Considered by a Judge
When making custody decisions, judges evaluate various aspects of the child's life and the parents' abilities. These factors are defined by Michigan law and include, but are not limited to:
| Factor Name | Description |
|---|---|
| Emotional Ties | The love, affection, and other emotional ties existing between the child and each parent. |
| Capacity to Provide Care | Each parent's ability and willingness to provide love, affection, guidance, and to continue the child's education and religious upbringing (if any). |
| Basic Needs Provision | Each parent's ability and willingness to provide the child with food, clothing, medical care, and other material needs. |
| Continuity of Environment | The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. |
| Family Unit Stability | The permanence, as a family unit, of the existing or proposed custodial home(s). |
| Moral Fitness | The moral fitness of the parents involved. |
| Mental & Physical Health | The mental and physical health of the parents. |
| Child's Record | The child's home, school, and community record. |
| Child's Preference | The reasonable preference of the child, if the court considers the child to be of sufficient age to express one. |
| Domestic Violence History | Any history of domestic violence between the parents. |
| Impact of Domestic Violence | The anticipated impact of domestic violence on the child. |
| Other Relevant Factors | Any other factor the court deems relevant to the specific child custody dispute. |
For more detailed information on these factors, you can refer to resources on Michigan's child custody laws, such as those provided by Michigan Legal Help.
Practical Implications for a 13-Year-Old
- Expressing Wishes: A 13-year-old in Michigan has the right to express their wishes regarding which parent they want to live with.
- Meeting with the Judge: In many cases, a judge may choose to speak with the child privately in chambers (outside of the parents' presence) to hear their preference and reasoning directly. This is at the judge's discretion.
- Weight of Preference: While not a guarantee, a 13-year-old's preference will generally be given significant consideration by the judge due to their age and presumed maturity, especially if their reasons are well-articulated and appear to be in their best interest. However, the judge's final decision will encompass all twelve "best interests" factors to ensure the child's overall well-being.
