Joint custody is becoming more common as families find ways to share the responsibility of supporting their children after a divorce. It’s a way to ensure both parents stay actively involved in their child’s life.

In Michigan, joint custody can mean different things depending on the family’s situation. This blog post will help you understand how joint custody works and what you need to know.

If you need help with a joint custody case, contact Vantage Group Legal Services. Our experienced attorneys can guide you through the process. Call us today or contact us online for a free consultation.

What Is Joint Custody in Michigan?

In Michigan, joint custody means both parents share responsibilities for their child’s upbringing. It includes joint legal custody and joint physical custody. 

Joint Legal Custody

Joint legal custody in Michigan allows both parents to make important decisions about their child’s life. These decisions can involve education, health care, religious upbringing, and even which sports or activities the child will participate in. In a joint legal custody agreement, parents must make decisions for the child together. Because of this, parents need to communicate and cooperate to ensure they meet the child’s needs.

Joint Physical Custody

Joint physical custody in Michigan means the child spends time living with both parents. This doesn’t always mean equal time, but it should be enough to maintain a strong relationship with both parents. 

Parenting Time 

Parenting time is the time each parent spends with their child. Michigan courts aim to create schedules that serve the child’s best interests. Parenting time can be equal, but sometimes, one parent might have more time with the child than the other. The amount of time depends on various factors, like the child’s age, school schedule, and parents’ work hours.

Parenting Plan

A parenting plan is a document that outlines how parents will raise the child after divorce. It includes details about parenting time, holidays, vacations, and how parents will make decisions. A good parenting plan helps reduce conflict and provides clear expectations. 

Parents can create a parenting plan together or with the help of a mediator or attorney. The court must approve the plan to ensure it’s in the child’s best interests. 

What Are the Most Common Joint Custody Schedules in Michigan?

Parents in Michigan use several joint custody schedules. But is Michigan a 50/50 custody state? The answer is that Michigan does not automatically default to a 50/50 custody schedule. Instead, custody schedules depend on what the court determines is in the best interest of the child. This means that while 50/50 is possible, it’s not guaranteed in every case. The following are the most common joint custody schedules used in Michigan. 

Alternating Weeks

Alternating weeks is an option for a 50/50 schedule where the child spends one week with one parent and the following week with the other. This schedule works well for older children who can handle being away from each parent for a week. 

2-2-5-5 Schedule

This is another option for a 50/50 schedule. Here, the child spends two days with one parent, two days with the other, and then five days with the first parent. The following week, the schedule reverses. This schedule gives the child stability with two larger blocks of time with each parent. 

Every Other Weekend

In the every other weekend schedule, the child lives with one parent most of the time but spends every other weekend with the other parent. This schedule is common when one parent lives far away or has a work schedule that doesn’t allow for more frequent visits.

60/40 Plan

The 60/40 plan means one parent has the child 60% of the time, and the other has the child 40% of the time. Parents will use this plan when one has more availability to be with the child.

What Are the Disadvantages of 50/50 Custody?

While 50/50 custody can be fair, it may not work for some. Here are some disadvantages to consider:

  • Routine disruption. Children might find it hard to remember which items are necessary at which house and maintain a consistent routine. This constant juggling can disrupt their daily lives. 
  • Cost and time. Keeping two homes ready for children can be expensive and time-consuming. Both parents need to have enough space and resources. 
  • Scheduling conflicts. Balancing work, school, and parenting time can be challenging. Parents must work together to manage schedules, which can be stressful if they don’t get along.
  • Emotional stress. Children who switch homes frequently may feel like they don’t have a permanent home and live out of their suitcases. The constant movement can make it hard for them to feel settled and to establish a sense of security.

While these disadvantages highlight some challenges of a 50/50 custody arrangement, each family’s situation is unique. It’s important to carefully consider what will work best for your child’s well-being and your family’s circumstances. 

How Does Child Support Work in Michigan Joint Custody Arrangements?

Child support in Michigan is calculated based on both parents’ incomes and the amount of time the child spends with each parent. The goal is to meet the child’s needs in both homes. Even in joint custody arrangements, one parent may still pay child support. The court considers factors like the parents’ incomes, the number of children, and the time each parent spends with the child. For more details, the Michigan Child Support Formula Manual explains how to calculate child support.

Can Joint-Custody Parents Make Modifications to Their Parenting Plan?

Yes. Parents can modify their parenting plan. If both parents agree on the changes, they can submit a new plan to the court for approval. If parents can’t agree, they may need mediation or ask the court to decide. Changes in circumstances, like a parent moving or a change in the child’s needs, may require a new parenting plan.

How Far Can a Parent Move with Joint Custody in Michigan?

In Michigan, a parent with joint custody must follow certain rules if they want to move. If a parent wants to move more than 100 miles away or out of state, they must get permission from the other parent or the court. This rule is in place to ensure the move is in the child’s best interest and doesn’t negatively impact the child’s relationship with the other parent. 

Can a Parent Refuse Visitation or Custody If the Other Parent Isn’t Paying Court-Ordered Child Support?

No, a parent cannot refuse visitation or custody due to unpaid child support. Joint legal custody in Michigan and joint physical custody in Michigan are separate matters from child support obligations. If child support payments are not received, the proper course of action is to contact the Michigan Friend of the Court in the county where the support order was issued. The Friend of the Court has the authority to enforce child support orders, including garnishing wages when necessary.

If a court order establishes parenting time, withholding visitation could result in contempt of court. Even in cases involving joint legal custody in Michigan or joint physical custody in Michigan, both parents must adhere to the court’s custody and visitation arrangement, regardless of any outstanding child support payments.

Consult with the Experienced Attorneys at Vantage Group Legal Services

Understanding the complexities of joint custody laws in Michigan is crucial for any parent going through a divorce. At Vantage Group Legal Services, our attorneys, who have a high degree of intelligence and a minimum of seven years of practice in family law, are here to guide you through every step. 

We understand the intricacies of Michigan custody laws and can help you create a parenting plan that works for your family. From setting a schedule to understanding child support, we provide the support and knowledge needed to reduce stress and prioritize your child’s best interests.

If you have questions or need help with your joint custody case, don’t hesitate to contact us. Call us now or contact us online to set up a free consultation.

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