(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:

Terms Used In Michigan Laws 712.14

  • Court: means the family division of circuit court. See Michigan Laws 712.1
  • Domestic violence: means that term as defined in section 1 of 1978 PA 389, MCL 400. See Michigan Laws 712.1
  • Newborn: means a child who a physician reasonably believes to be not more than 72 hours old. See Michigan Laws 712.1
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Surrender: means to leave a newborn with an emergency service provider without expressing an intent to return for the newborn. See Michigan Laws 712.1
  (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.
  Previous section
Next section  
 Chapter XII Contents