How does child custody work in Michigan divorces?
Anna Tsaturova
Michigan managing attorney at Marble Law
Key Takeaways
- If the parents going through a divorce in Michigan are able to work together, they can submit their own child custody agreement to the court for approval.
- If the parents can’t reach an agreement, the court determines the child custody orders based on the child’s best interest.
- The court looks at various factors to determine the final orders
In Michigan, both parents can enter into a child custody agreement without having to go to court. However, if the couple can’t agree, they need to go to court and let a judge decide the custody terms.
When determining child custody in Michigan, the court’s main focus is to meet the best interests of the child. The court considers several factors, such as:
- Each parent’s ability to provide for the child’s physical and emotional needs
- The quality of the child’s relationship with each parent
- How long the child has lived in a stable environment and the desire to maintain this
- The permanence of the existing or proposed home(s) for the child
- Each parent’s moral fitness
- Each parent’s mental and physical health
- The child’s school, home and community record
- The child’s preference, if the child is considered mature enough
- Any history of domestic violence or abuse
- The willingness of each parent to support a healthy relationship between the child and the other parent
- Any other factor the judge deems worthy
What is legal custody and physical custody?
Like many states, Michigan has legal and physical custody.
- Legal custody is a parent’s right to make decisions about a child’s education, religion and other major decisions.
- Physical custody is the child’s living arrangements.
Legal and physical custody can be sole or joint.
- Sole custody means one parent has that custody.
- Joint custody means both parents share the custody.
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What is parenting time?
In Michigan, parenting time is the time a child spends with each parent when the parents are divorced. Parenting time can be specific or reasonable.
- With specific parenting time, the parents have a set schedule they follow. The parents often create this schedule themselves, though the court or a friend of the court can also help.
- With reasonable parenting time, there isn’t a set schedule. The parents are more casual about who has the child(ren) when. However, if any disagreement about parenting time arises, you need to file a motion and have a judge resolve the issue.
Michigan offers a free parenting time guideline resource with information to consider for children at different ages when setting your parenting schedule. This resource may help, though keep in mind that every child is unique and you know your child best.
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