One of the most stressful parts of any divorce or separation is figuring out who gets custody of the kids. Whether you’re just starting the divorce process or facing a custody modification, it’s important to understand how courts handle custody in Michigan—and what you can do to protect your relationship with your children.
Legal Custody vs. Physical Custody in Michigan
Before diving into the legal process, it helps to know the difference between the two key terms:
- Legal Custody: The right to make important decisions about your child’s life, including education, medical care, and religious upbringing. This can be joint (shared by both parents) or sole (one parent has the final say).
- Physical Custody: Where the child lives and how much time they spend with each parent. Again, this can be joint or sole, though joint physical custody doesn’t always mean equal time.
Michigan Courts Focus on the Child’s Best Interests
Michigan courts are guided by the “best interest of the child” standard, not what’s most convenient or fair to the parents. Judges rely on 12 statutory factors under the Michigan Child Custody Act to decide what arrangement best supports the child’s well-being.
These factors include:
- Emotional ties between the child and each parent
- Capacity of each parent to provide love, affection, and guidance
- Ability to provide food, clothing, and medical care
- Length of time the child has lived in a stable environment
- Permanence of the existing or proposed home
- Moral fitness of each parent
- Mental and physical health of the parents
- Child’s school, community, and home record
- Preference of the child (if mature enough)
- Willingness to support the child’s relationship with the other parent
- History of domestic violence, if any
- Any other relevant factors the court finds important
No single factor is determinative. When it comes to custody in Michigan, judges look at the whole picture and may weigh some factors more heavily depending on your family’s circumstances.
Joint Custody Is Common—But Not Automatic
In Oakland County and throughout Michigan, courts often prefer joint legal custody, assuming both parents are fit and capable of working together. Joint physical custody is also common, but doesn’t necessarily mean a 50/50 split. The goal is a custody schedule that supports the child’s routine and stability.
If parents can’t agree on a plan, the court may order mediation or appoint a Friend of the Court (FOC) evaluator to investigate and make a recommendation.
What You Can Do to Strengthen Your Custody Case
If you’re going through a custody case, here are some steps to help protect your rights and show the court that you are acting in your child’s best interests:
- Stay involved in your child’s daily life (school, activities, medical care)
- Keep records (texts, emails, calendars, expenses) that reflect your involvement
- Be cooperative and avoid bad-mouthing the other parent
- Follow court orders and show that you can put your child’s needs first
- Speak with an experienced family law attorney who knows how custody decisions are made in your local court
What If You Already Have a Custody Order?
Custody orders can be modified—but only if there’s been a significant change in circumstances, like a move, a new job schedule, or concerns about the child’s safety. The court will once again review the best interest factors before making any changes.
Talk to a Local Attorney Who Understands Custody Law in Michigan
Child custody cases are emotional, complex, and deeply personal. You don’t have to face it alone. At the Law Office of Stephanie Krane-Boehmer, we help parents navigate the custody process with clarity and confidence, whether you’re just starting out or need help modifying an existing order.
Contact us today to schedule a consultation and get the guidance you need to protect your parenting rights and your child’s future. We are located in Rochester Hills and serve Oakland, Macomb, Genesee, Lapeer, Livingston, and Wayne Counties.