No. A court will not change custody from one parent to another solely based on the child’s preference. The child’s preference is only of many factors that the court will consider when one parent files for a change of custody. Depending on the child’s age and maturity level the court may indeed question the child as to her preference; nevertheless, the child’s preference is not the determining factor when a court is faced with a change of custody motion.

For decisions regarding parenting time, the court may also consider the following factors when determining the frequency, duration, and type of parenting time to be granted:

(a) The existence of any special circumstances or needs of the child.

(b) Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing.

(c) The reasonable likelihood of abuse or neglect of the child during parenting time.

(d) The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.

(e) The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time.

(f) Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.
(g) Whether a parent has frequently failed to exercise reasonable parenting time.

(h) The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody.

(i) Any other relevant factors.

A court must consider the best interest of the child when making determinations regarding custody and parenting time. The best interest factors are 12 factors outlined in MCL 722.23.

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 the continuation of the educating and raising of
the child in its religion or creed, if any.

C. The capacity and disposition of the parties involved to provide the child with
food, clothing, medical care and 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 deems the child to be of
sufficient age to express preference.

J. The willingness and ability of each of the parents to facilitate and encourage a
close and continuing parent-child relationship between the child and the 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 of relevance to a particular
child custody dispute.