Sometimes, parents need to lean on Michigan custody laws and the court system to establish custody terms that provide their child with the best care. Michigan child custody orders boil down to each parent’s legal and physical custody rights. 

Several factors go into making custody decisions. We review the factors courts consider and common types of custody orders below.   

  • You and your child’s other parent can come to an agreement on your own about how you will divide custody, and the court will likely enforce your agreement if it is in the best interests of your child.
  • You can enter voluntary mediation to help you reach a custody agreement with your child’s other parent before seeking court approval.
  • If you and your child’s other parent cannot agree to every aspect of a parenting plan, the decision is up to the court, and you may need to attend a hearing and present evidence to maintain your parenting rights.

A review of this state’s laws can be helpful before you move forward in a custody case. However, the best help often comes from the guidance of a qualified child custody lawyer. When you are ready, Vantage Group Legal can match you with a skilled child custody lawyer. But for now, let’s take a look at what the typical child custody case might look like. 

Call 24/7 for a Free Custody Consultation Or, complete our short online form
(773) 938-4747

Michigan Child Custody FAQs

How Do Courts Determine Child Custody If the Parents Get a Divorce?

There are a handful of paths to obtaining a child custody order in Michigan. If you are dissolving a marriage with your child’s other parent, you can request custody orders when you petition for the dissolution. During divorce proceedings, both parents can come to an agreement for the court to approve, or they can present evidence and make arguments to help the judge make a custody decision for them.

How Do Courts Determine Child Custody If the Parents Were Not Married?

The first thing that unmarried parents must show to file for custody in Michigan is that they have established the paternity of the child. Among the ways to establish paternity of a child are:

  • Voluntary establishment of paternity—Both parents can agree that one of them is the child’s father and establish paternity by signing an affidavit of parentage and having it notarized.
  • Establishment through a DNA test—A parent can ask the family court for DNA testing to establish paternity.

Once the paternity of a child is established, Michigan judges make decisions about child custody based on the same criteria they use in custody decisions when the parents are married: The best interests of the child.

What Is in the Best Interests of a Child?

When considering the child’s best interests, the court considers multiple factors outlined in the Michigan Child Custody Act. These factors include the following.

The Relationship Between the Parents and the Child

The bond that a child has with each parent is an important element for a judge to think about in a custody case. When considering each child-parent bond, a court may review the following: 

  • Each parent’s capacity to provide love, affection, and guidance to the child;
  • The affection, love, and emotional ties each parent has with the child; and
  • Each parent’s ability to uphold the child’s religious upbringing or creed (if applicable).

The above-listed factors are a handful of many that might be significant in a custody claim. Next, we give an overview of how the court may evaluate each parent’s capacity to care for their child.

Parenting Capacity

A major element in deciding each parent’s role and obligations in a child’s life is each parent’s capacity, which includes: 

  • Each parent’s ability to provide for the child’s basic needs, such as housing, food, clothing, and healthcare;
  • How permanent the proposed custodial home (or homes) of the child will likely be;
  • The moral fitness of each parent; and
  • The physical and mental health of each parent.

A child has the right to spend time with both parents unless parenting time would not be in the child’s best interests. 

The Child’s Perspective and Circumstances

The court takes into account a child’s specific circumstances, and sometimes even the child’s wishes, when making decisions in a custody case. The court might consider:

  • The length of time the child has spent in a satisfactory and stable environment and whether keeping the child in that environment is desirable;
  • The child’s reasonable preferences if the child is old enough to express their preferences; and
  • The child’s home, community, and school records.

While a child under 18 cannot make a legal choice regarding where they will live, the court may place significant weight on the child’s desires if it thinks the child is mature enough to have a say.

Additional Factors

Other relevant factors for making custody decisions include:

  • Each parent’s willingness to foster a relationship between the child and the other parent;
  • Any history of domestic violence committed by a parent, whether directed at the child or another family member; and
  • Other relevant factors that might include the child’s special needs, the geographic proximity of the parents’ homes, and the child’s relationships with siblings and extended family.

Courts consider all the factors we mentioned above collectively, and no single factor is determinative. The court’s goal is to create a custody arrangement that maximizes the child’s well-being and stability.

The Different Types of Custody

So, what kind of custody rights can a parent receive in a court order? Courts make orders regarding who has legal custody over a child and who has physical custody over a child. Each type of custody could be joint or sole custody, depending on the facts of the case.

Legal Custody

Legal custody refers to a parent’s right to make major decisions about their child’s life. These decisions typically include matters such as the child’s: 

  • Education, 
  • Healthcare, 
  • Religion, and 
  • Extracurricular activities. 

In Michigan, courts prefer joint legal custody, meaning both parents share the decision-making authority. However, a court may award sole legal custody to one parent if it determines the parents cannot work together or that sole custody is in the best interests of the child.

Physical Custody

Physical custody determines where the child will live and spend their time. And the parent with physical custody also handles the day-to-day care of the child. Physical custody can range from sole physical custody, where one parent has the child most of the time, to joint physical custody, where the child splits their time more equally between both parents. Michigan courts generally favor joint physical custody when it is feasible and in the child’s best interests.

If you and your child’s other parent can agree on joint physical custody terms in a parenting plan, the court will likely approve and enforce your agreement. Courts typically approve parenting time agreements (for joint or sole custody) unless there is clear and convincing evidence that the terms of an agreement are not in the child’s best interests.

Custody Rights for Mothers vs. Fathers

There is no legal presumption favoring mothers or fathers in child custody cases in Michigan. The court’s primary concern is the best interests of the child, regardless of the gender of the parent. While societal norms may have historically favored mothers, the law now treats both parents equally.

What Are the Most Common Parenting Time Arrangements?

Parenting time arrangements are not one-size-fits-all. How a court will fashion an arrangement depends on the circumstances of each parent and child involved. But as we mentioned above, joint physical custody that involves an even split of parenting time is what Michigan courts favor and encourage. 

Other possibilities for granting joint custody are:

  • Giving one parent custody during the school year and the other parent custody during the summer, or 
  • Giving one parent custody during the school week and the other parent custody during the majority of the child’s weekends.

The above-listed arrangements are just a few of the possibilities for parenting time in your case. And if you can prove that joint custody is not in your child’s best interests, you might receive an award of sole physical custody.

When Can a Parent Deny Visitation?

Denying visitation is generally not recommended, as it can harm your child’s relationship with their other parent. Denying parenting time to the other parent could also subject you to civil or criminal contempt sanctions. Because the court might identify a visitation denial as a violation of the court’s custody orders, you might have to pay a substantial fine or spend time in jail for your disobedience. 

If you have concerns about your child’s other parent having time with them, your safest option is to ask the court to modify your existing orders. Reasons to change parenting time by court order might include: 

  • Your child’s physical or emotional well-being is at risk, or 
  • The other parent consistently fails to comply with court orders.

Please note that simply disagreeing with the other parent’s parenting style or decisions is not typically grounds for denying visitation. 

If you have concerns about the other parent’s ability to care for your child, documenting your concerns and presenting them to the court can be crucial to your case. And if you are unsure of your rights and responsibilities in a child custody case, speak to a qualified lawyer right away.  

Will My Child Need to Appear in Court for a Child Custody Case in Michigan?

In most cases, children are not required to appear in court during a custody case in Michigan. The court aims to shield children from the stress and emotional strain of legal proceedings whenever possible. Instead, if the child’s preferences are relevant, the judge may gather that input privately, often through a guardian ad litem, a Friend of the Court evaluator, or in a closed meeting known as in camera review.

Under Michigan custody laws, the court is allowed to consider the child’s reasonable preference as one of several factors in determining custody. However, this preference is just one part of a broader legal analysis that looks at the child’s best interests, including each parent’s ability to provide care, emotional support, stability, and more.

If you’re involved in a case involving child custody in Michigan, it’s important to know that forcing a child to testify or appear in open court is generally avoided unless absolutely necessary. Judges prefer to protect the child’s well-being by limiting their exposure to conflict. So, while your child’s voice may be heard in certain situations, their physical presence in the courtroom is usually not required in child custody in Michigan proceedings.

We Provide Easy Access to Legal Services

When you have a legal question regarding custody or other family law matters, Vantage Group Legal can be your go-to legal resource. Our goal is to provide access to legal services for the broader community. Normally, we can put our members in touch with an attorney who suits their specific needs within 24 hours. Please contact us online or call us for more information. 

Table of Contents
x