Even though Michigan statutes do not define sole custody, this usually means one of the parents is in charge of both the physical and legal custody of the child.

Joint custody means:

• your child will alternate his/her residence between both parents, for specific periods of time; and
• both parents will share the right to make important decisions that affect the welfare of your child.¹

If joint custody is not awarded because the judge believes it would not be in the best interest of the child, the judge can decide between any of the following or a combination of them:

• sole legal custody;
• sole physical custody;
• joint legal custody;
• joint physical custody; and
• parenting time.²

¹ MCL § 722.26a(7)
² MCL § 722.27a

A parenting coordinator is a person, appointed by the judge, to help resolve disputes between the parents and carry out parenting time orders. The types of disputes that the parenting coordinator can work with will be included in the order provided by the judge.¹ Some of the disputes the parenting coordinator could work with include the child’s drop-off and pick-up; vacation and holiday schedule and implementation; health care management; daily routines; and any other issues presented jointly by the parents.² The parenting coordinator will only be appointed if both parents and the coordinator agree on the scope of his/her work.

If the parents agree to a parenting coordinator, the judge will consider any history of abuse and include protections for the victim.³ Among other things, the order will include the time frame when the parenting coordinator will be working with the case, the costs associated with the service, and how those costs will be divided between the parents.⁴

¹ MCL § 722.27c(1)
² MCL § 722.27c(3)(e)
³ MCL § 722.27c(2)
⁴ MCL § 722.27c(3)(c), (3)(d)

Michigan law allows the judge to appoint a lawyer-guardian ad litem for your child if s/he believes the child’s best interests are not being appropriately represented in the custody case.¹ This lawyer-guardian ad litem would represent your child during the court case and may file a written report and recommendations for the judge. This report will not be admitted into evidence, which means the judge cannot use it to inform his/her custody decision, unless all parties agree to it being admitted. However, even if it’s not admitted into evidence, the parents may use the report to try to reach an agreement.² The parents may need to pay part or all of the costs and fees related to the work of the lawyer-guardian ad litem.³

¹ MCL § 722.24(2)
² MCL § 722.24(3)
³ MCL § 722.24(4)

The judge will take into consideration any act of domestic violence committed by either parent, regardless of whether the violence was directed against, or witnessed by, the child.¹ It is possible, however, that a parent who has committed violence will get custody or parenting time.

It is recommended that you seek legal advice from a lawyer to assist you in a custody case involving domestic violence issues. For information on how to find a lawyer, see our Michigan Finding a Lawyer page.

¹ See MCL § 722.23(k)

Michigan law allows for a grandparent to file for “grandparenting time” under one of the following circumstances:

• the child’s parents are in the middle of a divorce, separate maintenance, or annulment process in court;
• the child’s parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled;
• the grandparent’s son/daughter, who was the child’s parent, died;
• paternity has been established but the child’s parents have never been married and they are not living in the same household;
• legal custody has been given to someone who is not the child’s parent but an adoption process hasn’t been completed;
• the child lives in a home that’s not the home of his/her parents; or
• in the year before filing for grandparenting time, the child lived with the grandparent even if s/he didn’t have custody of the child under a court order.¹

However, if both parents of the child are considered to be fit and they both object to grandparenting time, the grandparent’s petition will be dismissed.²

¹ MCL § 722.27b(1)
² MCL § 722.27b(5)

Some people decide not to get a custody order because they don’t want to get the courts involved. They may have an informal agreement that works well for them or may think going to court will provoke the other parent. However, getting a custody order can give you the legal right to make decisions about your child and the right to have your child live with you.

If you decide not to get a custody order, then you and the other parent likely have equal rights to making decisions and living arrangements. The exception to this is when paternity has not been legally established.

There are multiple ways that legal fatherhood (paternity) can be established in Michigan:

• If parents were married to each other when the child was conceived or born, paternity is automatically established for the husband.
• If parents were not married to each other when the child was conceived or born, then they need to do something to establish paternity. This can be done in two ways:
  • involuntarily, which is when one of the parents asks the local family court to establish paternity, usually through DNA testing; or
  • voluntarily, which is when both parents agree as to who the father of the child is. This can be done through filling out an affidavit of parentage:
    • at the hospital;
    • at the Michigan Department of Health and Human Services;
    • at the local county Registrar’s Office; or
    • online.¹

¹ Michigan Department of Health and Human Services

To decide whether or not to order parenting time and what sort of schedule would be best, the judge has to look for what’s in the best interest of the child. You can read the factors the judge will consider in How will a judge make a decision about custody? (“Best interest of the child” standard).

To establish how often (frequency), the length (duration), and they type of parenting time, the judge may consider:

• any special circumstances or needs of your child;
• if your child is less than six months of age and nursing or less than one year of age and receiving a considerable amount of his/her nutrition from nursing;
• if there is a reasonable possibility of your child being abused or neglected during parenting time;
• if there is a reasonable possibility that you will be abused during parenting time;
• how inconvenient or burdensome it would be to make your child travel for parenting time;
• how reasonable it is that either parent will be able to use (exercise) his/her parenting time based on the court order;
• if either parent has frequently failed to use or provide (exercise) reasonable parenting time;
• if either parent has threatened or has actually taken the child with the intent of keeping him/her from the other parent or from someone else who has legal custody except if this was a temporary residence in a domestic violence shelter; or
• any other relevant factors.¹

¹ MCL § 722.27a(7)

If you are not comfortable with the abuser being alone with your child, you might be thinking about asking the judge to order that his/her parenting time with your child be supervised. If you are already in court because the abuser filed for custody or parenting time, you may not have much to lose by asking that the visits be supervised if you can present a valid reason for your request, although this may depend on your situation.

However, if there is no current court case, please get legal advice before you start a court case to ask for supervised parenting time. We strongly recommend that you talk to an attorney who specializes in custody matters to find out what you would have to prove to get supervised parenting time and how long supervised visits would last, based on the facts of your case.

In the majority of cases, supervised parenting time is only a temporary measure. Although the exact parenting time order will vary by state, county, or judge, the judge might order a professional to observe the other parent on a certain amount of visits. Another common alternative is for the parenting time to be supervised by a relative for a certain amount of time. If there are no obvious problems during this visits, they may likely become unsupervised. Oftentimes, at the end of a case, the other parent ends up with more frequent and/or longer visits than s/he had before you went into court or even some form of custody.

In some cases, to protect your child from immediate danger by the abuser, starting a case to ask for custody and supervised visits is appropriate. To find out what may be best in your situation, please go to MI Finding a Lawyer to seek out legal advice.

Before you file for custody, you may consider making an out-of-court agreement with the other parent. Parents often have to be flexible about custody and parenting time (visitation) for the child’s benefit. Parents who fight for sole custody may be in court for months or even years. And they may still end up with some sort of joint custody order after a settlement or trial.

However, sometimes, parents need to file for custody because they can’t agree with the other parent. You may also need to file for custody if the other parent is keeping the child from you or if you fear for the child’s well-being. If the other parent has committed domestic violence against you, s/he may try to keep power and control over you through the child. When there has been domestic violence, joint custody usually isn’t a good option due to the power difference in the relationship between the parents.

Keep in mind that custody court cases can take a long time. Going through this process can be emotionally and financially draining, so please do what you can to take care of yourself. If you have experienced domestic violence, you may want to contact a local domestic violence organization. An advocate there may be able to support you and help you plan for your safety while in court.

You can watch our Custody, Visitation, and Child Support videos, where we explain legal concepts and the court process, to learn more about this topic. You can also read more about safety issues on the Safety Issues section of our Court System Basics page. 

In the following sections, we will discuss the steps that generally take place during the custody process. For precise information on how this process works in your county and state, you may want to contact a local lawyer.

The legal paperwork that starts a custody case is called a petition. You may file your custody petition in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives.

The exact petition you file may depend on whether or not you are married to the child’s other parent, as you can see in the chart below.

Sometimes, non-parents can also file for custody or visitation rights. To find out about filing for visitation as a grandparent, go to Can a grandparent file for grandparenting time? or talk to a lawyer.

The custody petition forms you need will be available at your local courthouse. Many forms are also available online. Some courts may have a court assistance officer or other staff who can help you complete the forms you need to file. However, court staff cannot advise or represent you. It’s best to get help from a lawyer to make sure that you have all of the forms and fill them out correctly. You can use our Michigan Courthouse Locations, Download Court Forms, and Finding a Lawyer pages to find your county’s court, the forms, and local lawyers.

Depending on what’s going on with the child and the other parent, you may be able to ask for an emergency or temporary custody order when you file your petition. That may require appearing in front of the judge. However, in most cases, you will just file the petition, and then the clerk will tell you a date to return to court a few weeks or months later. If your child’s well-being is in danger, make sure to mention this on the petition and notify local authorities as needed. It may also be possible to file for a restraining order, also called a domestic violence personal protection order, if you need protection for yourself or your child.

After you file, the papers will need to be given to the other parent. This is called “service of process,” and there are specific rules on how to do it. You may want to ask the clerk for the instructions on how the other party must be served in your state.

There are two different ways that you might be able to get a final custody order – by coming to an agreement, or by going to trial.

Reach an agreement: In some situations, you and the other parent might be able to reach an agreement (settlement) about your child’s living arrangements. If the judge approves, your agreement could become the final custody order. This could allow you to keep some level of control over the outcome and help you avoid the stress and uncertainty of a trial. You and the other parent could negotiate an agreement by yourselves, with the help of your attorneys, or through mediation.

Go to trial: If you can’t agree or if it’s unsafe for you to deal with the other parent directly, the next step will be a trial. At that point, the judge will make all the decisions about custody based on what s/he believes is in your child’s best interests. During a trial, you or your attorney can present evidence and cross-examine the other parent. The other parent can do the same. If you are representing yourself, you can learn more about how to do this in our At the Hearing section.

If you are planning to permanently move with your child, which the law refers to as changing the legal residence of the child,¹ there are some things you should consider:

• You don’t need consent from the other parent or authorization from the court if:
  • you’re moving within 100 miles from the other parent’s residence;
  • the parents’ residences were farther than 100 miles apart when the custody case started;²or
  • you have sole custody of your child.³
• You will need the other parent’s consent or court authorization if you want to move farther than a 100 miles from the other parents’ residence.³

If you need court authorization to move with your child, the judge will look at the following factors:

1. if the move would improve your child’s quality of life and your own;
2. the extent to which both parents have used their court-ordered parenting time with the child;
3. the likelihood that you want to move so that the other parent cannot have his/her allotted parenting time;
4. if the parenting time schedule can be changed so that the child-parent relationship with the other parent can continue to be maintained and encouraged;
5. the likelihood of both parents following (complying with) a modified order;
6. if the other parent seems to be opposing the move in order to pay less child support; and
7. domestic violence, regardless of whether the violence was directed against or witnessed by the child.⁴

If you are trying to flee a domestic violence situation, you might be able to move to a safe location with your child while the judge makes a decision on the case.⁵ However, it’s possible that the judge will order you to move back to the state if s/he eventually denies your request to move.

¹ MCL § 722.31(1)
² MCL § 722.31(3)
³ MCL § 722.31(2)
⁴ MCL § 722.31(4)
⁵ MCL § 722.31(6)

Unless there is a restraining order that says otherwise, both parents will have access to the child’s records, even if the child lives with only one parent. Records include, but are not limited to, medical, dental, daycare, and educational records, including notification of school meetings related to your child.¹

¹ MCL § 722.30