Understanding Custody and Parenting Time in Michigan: What Parents Need to Know

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On October 15, 2025

Going through a custody case in Michigan can be one of the most emotional and stressful experiences a parent faces. Whether you are in the early stages of divorce or navigating post-judgment issues, understanding how custody and parenting time laws work is essential. Michigan law focuses on one guiding principle, the best interests of the child.

In this guide, we’ll break down how custody and parenting time are determined, what factors courts consider, and how parents can protect their rights while putting their children first.
If you live in Allegan County, Barry County, Kent County, Ottawa County, or VanBuren County this article will help you understand what to expect in your local courts. If you’re facing a Michigan child custody dispute, understanding how courts decide parenting time can help you protect your rights.

What Is Child Custody in Michigan?

In Michigan, child custody refers to the legal and practical arrangements that determine how children spend time with their parents and how major decisions about their lives are made. There are two main types of custody: legal custody and physical custody.

Legal Custody

Legal custody gives a parent the authority to make important decisions about the child’s health, education, and general welfare. These decisions include:

Choosing schools and educational plans
Approving medical treatment and selecting healthcare providers
Deciding on religious upbringing and activities

In most Michigan cases, courts prefer joint legal custody, which means both parents share decision-making responsibility. However, in cases involving abuse, neglect, or high conflict, a judge may award one parent sole legal custody.

Physical Custody

Physical custody determines where the child lives on a daily basis. One parent may be designated as the primary custodial parent, or both may share joint physical custody. Even when physical custody is shared, the actual parenting schedule can vary significantly depending on the family’s situation.

Visit our website for more information on Custody

What Is Parenting Time?

Parenting time (often called “visitation” in other states) refers to the specific schedule outlining when each parent spends time with the child. The Michigan Child Custody Act encourages “frequent and continuing contact” between children and both parents, unless doing so would be harmful to the child.

Courts may approve standard schedules or customized plans, depending on the child’s age, parents’ work schedules, and distance between homes. Examples include:

Week-on, week-off schedules
Alternating weekends with weekday evenings
Extended summer or holiday parenting time

In Allegan and Kent Counties, Friend of the Court (FOC) offices often provide sample parenting time guidelines that can be used as a starting point.

How Michigan Courts Decide Custody and Parenting Time

When parents cannot agree on custody or parenting time, the court must make the decision based on the best interests of the child. Michigan law (MCL 722.23) lists 12 “best interest” factors judges consider before issuing an order.

The 12 Best Interest Factors Include:

The emotional ties between the child and each parent
Each parent’s capacity to provide love, affection, and guidance
The ability to provide food, clothing, and medical care
The length of time the child has lived in a stable environment
The permanence of the existing or proposed home
The moral fitness of each parent
The mental and physical health of each parent
The child’s record in school, home, and community
The child’s reasonable preference (if of sufficient age and maturity)
Each parent’s willingness to foster a relationship with the other parent
Any history of domestic violence
Any other relevant factor

Each case is unique. Judges evaluate evidence, testimony, and recommendations from the Friend of the Court, who may conduct interviews, home visits, or evaluations to make a recommendation.

What Is the Role of the Friend of the Court (FOC)?

In Michigan, the Friend of the Court assists judges in domestic relations cases involving custody, parenting time, and child support. The FOC helps investigate disputes and may recommend temporary or final arrangements.

If parents can’t agree, the FOC might suggest:

A joint custody arrangement
A specific parenting time schedule
Counseling, mediation, or parenting classes

Parents can object to the FOC’s recommendation and request a hearing before a judge. It’s often wise to review the recommendation with an experienced Michigan family law attorney before responding.

Can Parents Create Their Own Custody and Parenting Plan?

Yes. In fact, Michigan courts encourage parents to work together to create a mutually agreed-upon custody and parenting plan. Agreements that prioritize cooperation tend to be less stressful for both parents and children.

When creating your plan, include:

Detailed parenting time schedules (weekdays, weekends, holidays)
Exchange locations and transportation responsibilities
Communication rules between parents
Decision-making protocols for medical, educational, and extracurricular matters

Once both parents sign the agreement, it can be submitted to the court for approval. After approval, it becomes a court order that both parents must follow.

Modifying Custody or Parenting Time in Michigan

Life changes, and so can custody arrangements. Michigan law allows parents to request modifications to custody or parenting time if there has been a significant change in circumstances or proper cause since the last order.

Examples include:

Job relocation or major schedule changes
A child’s changing needs or preferences
Concerns about a parent’s behavior or environment

To modify custody or parenting time, you must file a motion with the court. The judge will then determine whether a change is appropriate based on the best interest factors.

It’s important not to make informal changes without court approval. Even if both parents verbally agree, an undocumented change can lead to confusion or enforcement issues later.

When Parenting Time Is Denied or Violated

When one parent denies or interferes with parenting time, the other parent may file a complaint with the Friend of the Court. Michigan courts take interference seriously, as it undermines the child’s right to maintain a relationship with both parents.

Possible remedies include:

Makeup parenting time
Fines or penalties for repeated violations
Counseling or mediation orders
Custody modifications for ongoing interference

If you’re being denied parenting time, document each missed visit, keep communication records, and contact a family law attorney in West Michigan for help enforcing your order.

Practical Tips for Co-Parenting Successfully

Stay Child-Focused: Keep your child’s emotional health front and center during every decision.
Communicate Professionally: Use calm, respectful communication, text or email works best when emotions run high.
Be Consistent: Follow the parenting schedule as closely as possible to create stability.
Document Everything: Keep a log of communications, missed visits, and significant events.
Use Parenting Apps: Tools like OurFamilyWizard or TalkingParents help streamline communication.

Healthy co-parenting doesn’t mean parents have to be best friends. It means focusing on the child’s well-being, maintaining boundaries, and minimizing conflict.

Common Michigan Child Custody Myths

Myth #1: Mothers always get custody.
➡️ Reality: Michigan law does not favor one parent over the other. Custody is based solely on the child’s best interests.

Myth #2: Children can choose which parent to live with at age 12.
➡️ Reality: There is no set age. Judges consider a child’s preference only if they are mature enough to express it responsibly.

Myth #3: Joint custody means 50/50 parenting time.
➡️ Reality: Not necessarily. Joint custody refers to decision-making authority, not an equal time split.

Myth #4: If you pay child support, you automatically get parenting time.
➡️ Reality: Support and parenting time are separate issues, though both are enforceable court orders.

Local Courts and Resources in West Michigan

If you live in Allegan, Kent, or Ottawa County, each courthouse has its own Friend of the Court office that helps parents navigate custody and parenting time issues.

Helpful Links:

Each county has slightly different forms and procedures, so it’s best to contact your local FOC office or attorney for guidance specific to your case.

Why You Should Work with a Local Michigan Family Law Attorney

Family law cases are deeply personal and can quickly become complex. A knowledgeable Michigan family law attorney can:

Help you draft or modify parenting plans
Represent you at hearings or mediation
Advocate for your parental rights
Ensure your child’s best interests are protected

At Legacy Legal & Business Services PLC, we understand how stressful custody cases can be. Our team helps families across Allegan County, Kent County, and Ottawa County find solutions that support their children and bring peace of mind to parents.

Custody and parenting time decisions shape your family’s future. Understanding Michigan’s laws, knowing your rights, and keeping your child’s best interests in focus will help you move forward with confidence.

If you have questions about your case, or if you’re ready to create a parenting plan that works for your family, contact Legacy Legal & Business Services PLC today.

Call (616) 681-0100 or visit www.LegacyLegalBusiness.com to schedule your free, confidential consultation today.