Michigan courts decide child custody based on the best interests of the child. The court considers 12 statutory best-interest factors, including the child’s relationship with each parent, each parent’s ability to provide care and guidance, the stability of the child’s environment, the child’s home, school and community record, domestic violence, and other circumstances relevant to the custody dispute.

The court must also consider whether an established custodial environment exists because that determination can affect the burden of proof that applies when a parent asks the court to change custody.

Legal custody generally concerns important decisions affecting a child, such as decisions involving education, medical care, and other significant aspects of the child’s upbringing. Joint legal custody generally requires the parents to share responsibility for those major decisions.

Physical custody concerns the child’s living arrangements and day-to-day care. Custody and parenting-time arrangements can vary considerably from family to family, and joint legal custody does not necessarily mean that the parents will have equal parenting time.

Michigan law does not automatically require an equal 50/50 parenting-time schedule in every case. Custody and parenting-time decisions are based on the child’s best interests and the circumstances of the individual family.

When joint custody is requested, the court must consider it and evaluate the relevant statutory requirements. A schedule that works well for one family may not be appropriate for another because factors such as the child’s age, school schedule, the parents’ ability to cooperate, distance between the parents’ homes, and the child’s individual needs can matter.

There is not a specific age at which a minor child simply gets to choose which parent to live with. A child’s reasonable preference is one of Michigan’s statutory best-interest factors if the court considers the child old enough to express a preference.

The child’s preference is only one part of the court’s analysis and does not automatically control the outcome. The weight given to the preference depends on the circumstances, including the child’s age and maturity. The court still makes the ultimate custody decision based on the child’s best interests.

Yes, but an existing custody or parenting-time order generally cannot be changed simply because one parent would prefer a different arrangement. Michigan law establishes requirements that must be satisfied before the court modifies an existing order.

The legal standard can depend on what is being changed and whether the requested change would alter the child’s established custodial environment. A parent seeking modification may need to establish proper cause or a change of circumstances before the court considers whether the requested change is in the child’s best interests.

If a court order provides parenting time and the other parent repeatedly withholds or interferes with that parenting time, there may be legal remedies available. Depending on the circumstances, enforcement may involve the Friend of the Court or a motion asking the court to enforce the existing parenting-time order.

Parents should carefully document missed parenting time, communications between the parties, and the circumstances surrounding each incident. The appropriate response depends on the existing order and the specific facts of the case.

A move can raise significant custody and parenting-time issues. Michigan’s change-of-domicile law may restrict a parent from moving a child’s legal residence more than 100 miles from the child’s legal residence at the time the custody case was commenced. Moving a child’s legal residence outside Michigan can also require court approval.

There are statutory exceptions and additional legal considerations, and a proposed move can sometimes affect custody or the child’s established custodial environment. It is important to evaluate the existing custody order and the proposed relocation before making the move.

The Friend of the Court may assist the circuit court with issues involving custody, parenting time, and child support. Depending on the county and the case, the Friend of the Court may investigate disputed issues, interview the parties, review relevant information, conduct conferences, and make recommendations to the court.

A Friend of the Court recommendation can be important, but the judge ultimately has authority to enter custody and parenting-time orders. Parents should take Friend of the Court proceedings seriously and be prepared to clearly present the facts and evidence relevant to their case.