Michigan courts presume that both parents should have custody of their children unless there’s clear evidence to the contrary. When determining custody arrangements, judges focus on the best interests of the child rather than parental preferences.
Michigan encourages parents to work together on custody arrangements whenever possible. If you can’t agree, the court will make decisions based on specific factors outlined in the Michigan Child Custody Act of 1970.
Two types of custody are determined
Michigan recognizes two main types of custody: legal and physical. Legal custody gives you decision-making rights regarding your child’s education, health care, religion and other important matters.
Physical custody determines where your child lives and which parent provides day-to-day care. Either type can be sole (given to one parent) or joint (shared between both parents).
Courts consider these factors when determining custody:
- The emotional bond between you and your child
- Your ability to provide love, guidance and education
- Your capacity to provide food, clothing and medical care
- The stability of your home environment
- Your moral fitness and mental health
- Your child’s school and community connections
- Your child’s reasonable preference (if old enough)
- Your willingness to support your child’s relationship with the other parent
- Any history of domestic violence
- Your child’s unique needs
Michigan courts typically prefer joint custody arrangements when parents can cooperate effectively.
What steps must parents take?
If you and your co-parent agree on custody arrangements, you can create a parenting plan together and submit it to the court for approval. The judge will review your plan to ensure it serves your child’s best interests before making it legally binding.
If you disagree, you must file a custody petition with the family court. The court may order mediation to help you reach an agreement. If mediation fails, you’ll attend a custody hearing where both sides present evidence.
To prepare, document your parenting capabilities, stable living conditions and involvement in your child’s life. The judge will evaluate testimony and evidence before making a final custody determination based on your child’s best interests.
Focusing on the child’s well-being
The ultimate goal in any custody case is to create an arrangement that supports your child’s security and development. While you naturally want to protect your relationship with your child, courts expect you to prioritize what’s best for them.
Knowledgeable child custody attorneys can help you navigate this emotional process while protecting parental rights. A skilled lawyer understands Michigan’s custody laws and can help you present your case effectively, encouraging cooperation when possible but advocating strongly for you when necessary