On May 21, 2025, the Michigan Court of Appeals issued its opinion in a new child custody case. The case of Bishop vs. Taylor, a case which was originally decided by the Washtenaw County Circuit Court. The issue in this case was an order granting sole legal custody of the minor children to Ms. Bishop, the children’s mother.
The law defining legal custody can be found in Michigan Compiled Laws, section MCL 722.26a which provides the court authority to grant joint legal custody after considering:
. . . Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child. . .
The children’s father, Mr. Taylor argued that the trial court errored in applying, best interest factor (j) among others. Best interest factor (j) focuses on the “willingness and ability” of the parties to facilitate a close and continuing parent-child relationship.
Mr. Taylor argued that the trial court placed too much emphasis on he he treated Ms. Bishop rather than focusing on him as a parent. Ms. Bishop testified that she never excluded Mr. Taylor from decisions regarding the children and tried to encourage the children to maintain a good relationship with their father. What the court found credible was the notion that Mr. Taylor was inconsisitent and would withdrawal from the children for days at a time when he was angry and would use the parenting application and ask Ms. Bishop to date again.
On appeal, the Court of Appeals upheld the trial court’s decision in this new custody case. The trial court determined that Ms. Bishop was favored under five of the best interest factors considered and that the parties were equally favored under the other five factors considered. As for factor (j), the emphasis is fostering and encouraging a relationship between the children and the other parent, not each parent (e.g. rekindling a relationship).
The key learning in this new child custody case is the notion that deference is given to the trial court regarding findings of facts, and unless the trial court’s findings on a specific best interest factor is against the great weight of the evidence, the trial court’s ruling will be upheld.
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By: Daniel Findling (c) 2025.
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