Michigan Custody Evaluation Process

The Investigation That Can Decide Your Custody Case

When Michigan parents can't agree on custody, the court often directs the Friend of the Court to conduct a formal custody investigation. An FOC investigator or private evaluator may produce a report that judges consider when making custody decisions under the 12 best-interest factors of MCL § 722.23. A lawyer-guardian ad litem is a separate appointment that investigates and reports on the child's best interests.

Understanding what evaluators look for, and how to prepare without trying to game the process, is one of the most consequential things you can do during a custody dispute.

Who Conducts the Evaluation

Michigan uses several types of custody evaluators:

Friend of the Court investigators handle the majority of evaluations. The FOC is the administrative arm of the Family Division of the Circuit Court, and FOC staff are trained to investigate custody disputes, interview parents and children, conduct home visits, and produce written recommendations for the judge. Most initial custody evaluations go through the FOC at no additional cost to the parents.

Private custody evaluators are typically licensed psychologists or social workers retained by one or both parents (or appointed by the court) when the case involves complex issues — substance abuse allegations, mental health concerns, or highly contested disputes where the FOC's resources are stretched thin. Private evaluations cost significantly more, often several thousand dollars, and may include psychological testing.

Guardian ad litem (GAL) appointments are different from evaluations — a GAL is an attorney appointed to represent the child's best interests, not to produce a psychological report. But GALs conduct their own investigations, interview both parents, and make recommendations to the court. For more on GALs specifically, see our guide to guardians ad litem in Michigan custody cases.

What the Evaluation Involves

A typical FOC custody evaluation includes:

Individual parent interviews. The evaluator meets separately with each parent, usually at the FOC office. Expect questions about your daily routine with the child, your parenting philosophy, your relationship with the other parent, and your concerns about the other parent's care. These interviews typically last one to two hours.

Child interviews. If the child is old enough (generally school-age and up), the evaluator speaks with the child separately. These conversations are age-appropriate and designed to understand the child's relationship with each parent, their daily experience, and their feelings about the living situation. Evaluators are trained to detect coaching — rehearsed answers, adult-sounding language, or visible anxiety about giving the "wrong" answer.

Home visits. The evaluator visits each parent's home to assess the living environment. They're looking at whether the child has a bed, whether the home is safe and reasonably clean, and whether the environment is set up for a child. They're not grading your decorating — they're checking for safety hazards, adequate space, and evidence that the child is a priority in the household.

Collateral contacts. Evaluators may contact teachers, pediatricians, therapists, daycare providers, and other adults who interact regularly with the child. These third-party perspectives help confirm or contradict what the parents report.

Record review. Police reports, school records, medical records, and prior court filings are all fair game. If there's a history of domestic violence, substance abuse, or CPS involvement, the evaluator will factor that into the assessment.

How Evaluators Apply the 12 Best-Interest Factors

The evaluation report is structured around the 12 statutory factors in MCL § 722.23. For each factor, the evaluator makes findings based on the evidence gathered:

• Factor (a) — The love, affection, and emotional ties between the child and each parent
• Factor (d) — The length of time the child has lived in a stable, satisfactory environment
• Factor (j) — Each parent's willingness to facilitate a positive relationship with the other parent
• Factor (k) — Any history of domestic violence

These are just four of the twelve. The evaluator weighs all of them, and no single factor automatically wins or loses a case. The full breakdown is covered in our Michigan best-interest factors guide.

How to Prepare (Without Trying to Game It)

The worst thing you can do is treat the evaluation like a performance. Evaluators see dozens of families a year and recognize rehearsed behavior immediately. What actually helps:

Be honest. If you have weaknesses — a past substance abuse issue you've addressed, a period of instability, a time when you weren't the primary caregiver — acknowledge them straightforwardly rather than hoping the evaluator won't find out. They will.

Document your involvement. Keep records of school pickups, medical appointments you've attended, homework you've helped with, and extracurricular activities you've participated in. Evaluators look for consistent, daily parenting — not a sudden burst of involvement that started when the case was filed.

Don't coach your child. Courts take coaching seriously under factor (j), which looks at each parent's willingness to foster the other parent-child relationship. A child who parrots a parent's complaints raises red flags. A child who speaks naturally about their experiences with both parents signals a healthy co-parenting environment.

Keep your home child-ready. This doesn't mean staging a model home. It means the child's space is maintained, age-appropriate supplies are available, and the environment reflects that a child actually lives there.

Be cooperative with the process. Return the evaluator's calls promptly, show up to appointments on time, and provide requested documents without delay. Obstructing or delaying the evaluation creates a negative inference.

What Happens After the Report

The evaluator submits a written report to the court with recommendations on legal custody, physical custody, and parenting time. Both parents receive copies. The report is not binding — the judge makes the final decision — but judges give significant weight to evaluation recommendations, particularly when the evaluator has directly observed the family.

If you disagree with the evaluation's findings, you can:

• Request a de novo hearing before the judge
• Present contradictory evidence at trial
• Retain your own expert to review the evaluation methodology

The Michigan Child Custody & Parenting Plan Guide includes an FOC investigation prep checklist that walks through the documents, records, and evidence you should organize before your evaluation. Going in prepared — not rehearsed — is the strongest position you can take.

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