Child custody cases are the most emotional part of any family law matter. When parents separate or divorce, decisions about where a child will live and how parenting time will be shared are intensely personal, not to mention legally complex.
Understanding how Michigan judges make those decisions can help parents approach the process with greater clarity and confidence. Under Michigan’s Child Custody Act, courts evaluate what’s called the “best interests of the child” using 12 specific factors. These guidelines apply whether you’re married or unmarried, and they determine both custody and parenting time arrangements.
Below, we’ll break down how child custody works in Michigan, what the 12 factors mean, and how judges use them to create fair parenting time schedules for families in Oakland County, Wayne County, and beyond.
Key Takeaways
- Michigan uses 12 legal factors—known as the best interests of the child—to decide custody and parenting time.
- Both married and unmarried parents can seek custody once legal parentage is established, but unmarried fathers must first establish paternity through an affidavit or court order.
- Judges also look at whether a child has an Established Custodial Environment (ECE) before changing living arrangements.
- Custody orders can be modified later if there’s a major change in circumstances, such as relocation or new work schedules.
- Working with an experienced family law attorney can clarify your rights, streamline paperwork, and strengthen your case.
How Child Custody Works in Michigan
Michigan law divides custody into two categories:
- Legal custody, which determines who makes major decisions for the child, such as education, healthcare, and religion.
- Physical custody, which determines where the child primarily lives.
Parents can share both types jointly, or one parent may have primary physical custody with the other receiving scheduled parenting time. Judges apply the same custody standards for married and unmarried parents, though unmarried parents must usually establish paternity before a custody or parenting time order can be entered.
Child Custody Laws in Michigan for Unmarried Parents
When parents are not married at the time of their child’s birth, Michigan law doesn’t automatically grant the father legal rights. The mother has sole custody, both legal and physical, until paternity is established.
That can be done in two ways:
- By Affidavit of Parentage, signed by both parents (often at the hospital or later through the local clerk’s office).
- By Court Order, if one parent disputes paternity or refuses to sign voluntarily. In that case, the court typically orders DNA testing.
Once paternity is established, both parents have the right to seek custody and parenting time through the Family Division of the Circuit Court. From that point forward, judges apply the same 12 best-interest factors used in every Michigan custody case.
Does Signing the Birth Certificate Establish Paternity?
No, even if a father’s name appears on the birth certificate, that alone does not create legal custody rights. A formal acknowledgment or court order is required before the court can issue parenting time or custody arrangements.
Tip: Unmarried parents often face additional challenges when it comes to child support, health insurance, and decision-making authority. A family law attorney in Oakland County can help you file the proper documents and establish parental rights clearly from the start.
Get a Free Consultation
The 12 Factors for Child Custody in Michigan
Judges weigh each of these factors carefully before deciding on custody or parenting time. No single factor determines the outcome; instead, the court looks at the whole picture.
- Emotional ties between the child and each parent
- Ability to provide love, affection, and guidance
- Capacity to provide the child with food, clothing, medical care, and other needs
- Length of time the child has lived in a stable environment
- Permanence of the existing or proposed home
- Moral fitness of the parents
- Mental and physical health of the parents
- The child’s home, school, and community record
- Preference of the child (if mature enough)
- Willingness of each parent to support the child’s relationship with the other parent
- History of domestic violence
- Other relevant factors (anything else that could impact the child’s health or well-being)
Established Custodial Environments (ECE)
Michigan courts also consider whether a child has an Established Custodial Environment (ECE): a stable, secure arrangement that has existed for a significant time.
If a child has primarily lived with one parent for months or years, and that environment has provided consistent care and emotional security, the court treats it as an ECE. To change custody from that environment, a parent must show clear and convincing evidence that the change would better serve the child’s best interests.
This standard makes it harder to alter long-standing living arrangements, especially when a child is thriving. An attorney can help evaluate whether an ECE exists in your situation and how it may affect your custody goals.
How Judges Apply Parenting Time Factors in Michigan
Judges don’t simply tally up points. Each factor is evaluated according to the evidence presented, and some may carry more weight depending on the circumstances.
Judges often review testimony, financial records, school and medical documents, and, in some cases, reports from court-appointed evaluators. Every decision must be grounded in the evidence.
Because each factor can be interpreted differently, working with an experienced family law attorney helps parents present a clear, well-supported case. Your attorney can organize documentation, prepare witnesses, and highlight how the factors align with your situation.
What to Expect from Family Court
Custody cases typically begin when one parent files a complaint or motion in the Family Division of the Circuit Court. Many cases move through mediation, where parents work with a neutral third party to reach an agreement. If mediation fails, a judge reviews the evidence and issues a written order based on the 12 statutory factors.
Parents Ask: What Not to Say in Child Custody Mediation
Mediation is designed to help parents reach common ground, not score points. Comments that attack, blame, or question the other parent’s love for the child can quickly derail progress.
Avoid:
- Personal insults or accusations
- “All-or-nothing” statements like “You’ll never see the kids again”
- Threats about money or custody outcomes
- Exaggerations meant to sway the mediator
Instead, focus on the child’s needs and practical solutions. Mediators and judges notice when a parent stays composed, communicates clearly, and keeps discussions centered on what benefits the child. Child custody lawyers in Michigan can provide in-depth preparation for the process so you can put your best face forward.
Parenting Time and Custody Orders
Once custody is determined, the next step is establishing parenting time, Michigan’s term for visitation or shared time with the child. Courts rely on Michigan’s parenting time guidelines to promote strong, consistent relationships with both parents whenever it’s safe to do so.
Schedules vary widely. Some families alternate weeks or weekends; others follow holiday rotations or flexible arrangements for teens with busy lives. The court’s priority is meaningful, regular contact that supports the child’s development.
Modifying Custody or Parenting Time
Life changes. Job relocations, school schedules, or a parent’s new circumstances can make existing orders outdated. In Michigan, custody or parenting time can be modified only when a parent shows proper cause or a change in circumstances—something significant enough to justify revisiting the order.
Examples include:
- A move that affects school attendance
- Repeated violations of parenting time
- Changes in the child’s needs or safety
Modifications follow many of the same procedures as the initial custody case. Parents may go through mediation first, and if no agreement is reached, the court reviews the 12 factors again before making adjustments.
Relocation and Long-Distance Parenting Time
If one parent plans to move more than 100 miles away from the child’s current residence, Michigan law requires court approval before the move. The judge will evaluate whether relocation serves the child’s best interests, considering factors like educational opportunities, family connections, and each parent’s ability to maintain a meaningful relationship with the child.
These cases are often complex and benefit from early legal planning.
Checklist for Parents: Preparing for a Custody Case
- Keep a detailed calendar of your child’s daily care and activities
- Save school and medical records showing your involvement
- Track communication and cooperation between parents
- Document any concerns about safety or stability
- Prepare a list of reliable witnesses (teachers, coaches, relatives)
- Discuss strategy early with a family law attorney
When to Hire a Custody Attorney
Michigan custody laws are detailed, and even small procedural errors can have lasting effects on your case. An attorney can prepare accurate filings, manage deadlines, and protect your rights throughout the process.
At The Rubinstein Law Firm, our family law attorneys handle child custody cases across Oakland County and Wayne County. We help parents build strong, evidence-based arguments that align with Michigan’s custody standards while focusing on what matters most: your child’s well-being and stability.
Frequently Asked Questions About Child Custody in Michigan
Who pays attorney fees in child custody cases?
In Michigan, each parent generally pays their own attorney fees. However, the court can order one party to contribute to the other’s legal costs if there’s a large financial imbalance or if one parent has acted in bad faith, such as filing unnecessary motions or refusing to comply with court orders. Judges decide this on a case-by-case basis.
Who has to pay child support in joint custody?
Child support is not automatically waived just because parents share joint custody. Michigan uses the Child Support Formula Manual, which considers each parent’s income, the number of overnight stays, and certain expenses like health insurance and childcare. The parent with the higher income usually pays some support to balance the child’s standard of living between homes.
Who claims a child on taxes with 50/50 custody?
The IRS doesn’t split the dependency exemption; only one parent can claim the child each year. Many parents alternate years or follow what’s outlined in their court order. If parents can’t agree, the IRS “tie-breaker” rule gives the claim to the parent with whom the child spends the greater number of nights during the tax year, or, if that’s truly equal, to the parent with the higher adjusted gross income.
Get Trusted Legal Help for Your Custody Case
If you’re navigating a custody or parenting time dispute in Michigan, you don’t have to face it alone. The Rubinstein Law Firm offers free consultations to explain your options, outline the 12 custody factors in detail, and help you build a plan that protects both your rights and your child’s future.
Call (248) 220-1415 or contact our Michigan child custody lawyers online today to schedule your free consultation.
