Joint vs. Sole Custody in Michigan: Is There a Presumption of Equal Time?

By the FigureMyTax Editorial Team · How we calculate

Michigan has no presumption of joint custody or equal time. The court must consider joint custody at either parent’s request, applies 12 best-interest factors and does not change an established custodial environment without clear and convincing evidence.

Is joint custody presumed in Michigan?

No. In a custody dispute between parents, the best interests of the child control, and the parents shall be advised of joint custody. At the request of either parent the court shall consider an award of joint custody and state on the record its reasons for granting or denying it (MCL 722.26a(1)). If the parents agree on joint custody, the court shall award it unless it determines on the record, by clear and convincing evidence, that joint custody is not in the child’s best interests (722.26a(2)).

What are the best-interest factors in Michigan?

Twelve: the love, affection and emotional ties between the parties and the child; their capacity and disposition to give love, affection and guidance and to continue the child’s education and religion; their capacity to provide food, clothing and medical care; the time the child has lived in a stable, satisfactory environment and the desirability of continuity; the permanence of the existing or proposed custodial homes as family units; moral fitness; mental and physical health; the child’s home, school and community record; the child’s reasonable preference if old enough; each party’s willingness to facilitate a close and continuing parent-child relationship with the other parent; domestic violence; and any other relevant factor (722.23(a)-(l)).

What does joint custody mean in Michigan?

An order that the child shall reside alternately for specific periods with each parent, or that the parents share decision-making authority on important decisions, or both (722.26a(7)). The court may state when the child resides with each parent or provide that physical custody be shared in a way that assures continuing contact with both (722.26a(3)). During their time, each parent decides routine matters (722.26a(4)).

What is the established custodial environment in Michigan?

The court may not change the established custodial environment of a child unless there is clear and convincing evidence that it is in the child’s best interest. The environment is established if, over an appreciable time, the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life and parental comfort (722.27(1)(c)).

Is a parent preferred over a third person in Michigan?

Yes. If the dispute is between a parent or parents and an agency or a third person, the court presumes the child’s best interests are served by awarding custody to the parent or parents unless the contrary is established by clear and convincing evidence (722.25(1)).

How does custody connect to support in Michigan?

Joint custody does not eliminate the responsibility for child support, and an order of joint custody is not in itself grounds to modify a support order (722.26a(6)). Count your schedule with the Michigan parenting time calculator and run the Michigan child support calculator.

Can the court use outside help in Michigan?

Yes. It may use a guardian ad litem or community resources in the behavioral sciences and other professions in studying a custody dispute and consider their recommendations (722.27(1)(d)).

Frequently asked questions

Does Michigan favor joint custody?

The court must consider it at either parent’s request, but there is no presumption for or against it.

How many custody factors does Michigan use?

Twelve, including domestic violence and the parties’ willingness to support the child’s relationship with the other parent.

What is the Michigan established custodial environment?

The setting where the child naturally looks to the custodian for guidance, discipline, necessities and parental comfort, which the court changes only on clear and convincing evidence.

Does domestic violence affect Michigan custody?

Yes. It is a best-interest factor whether or not it was directed at or witnessed by the child.

Do Michigan parents who agree on joint custody get it?

Yes, unless the court finds on the record by clear and convincing evidence that it is not in the child’s best interests.

Official sources

Going through a divorce or custody case in Michigan?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Michigan attorney

This is general information, not legal advice. It is based on the cited Michigan statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Michigan attorney.