When a relationship ends, parenting doesn’t, and for many parents, questions about custody and parenting time bring the most uncertainty. Who decides where your child will live? How is time divided? And what does the court take into consideration when making these decisions?

In Michigan, child custody laws are designed to center children’s needs first, while giving courts a structured framework for evaluating what arrangements will help them thrive.

Here’s how Michigan law approaches custody and parenting time, and what that means for you and your family.

The Legal Standard: “Best Interests of the Child”

All custody and parenting time decisions in Michigan are governed by the Michigan Child Custody Act, specifically MCL 722.23. This statute requires judges to evaluate custody disputes using the “best interests of the child” standard.

Rather than focusing on what feels fair to either parent, the court must consider a set of defined factors, including:

• The emotional bonds between the child and each parent
• Each parent’s ability to provide love, guidance, and necessities
• The child’s stability in school, home, and community
• Each parent’s willingness to encourage a relationship with the other parent
• Any history of domestic violence, abuse, or substance misuse

No single factor outweighs all others. Courts weigh these considerations together to determine what arrangement best supports the child’s overall well-being.

Understanding Legal Custody and Physical Custody

Michigan law distinguishes between two types of custody, each governed by MCL 722.26a.

Legal custody involves decision-making authority over major issues such as education, medical care, and religious upbringing. Courts often award joint legal custody unless there is evidence that parents cannot cooperate or communicate effectively.

Physical custody determines where the child lives and who provides daily care. This may be joint or sole, depending on the child’s needs and the parents’ circumstances. Importantly, joint physical custody does not require an equal division of time.

Michigan courts prioritize stability and consistency over mathematical equality.

What Michigan Law Says About Parenting Time

Parenting time is addressed under MCL 722.27a, which states that children have a right to parenting time with both parents unless it would endanger their physical, mental, or emotional health.

Parenting time schedules can look very different from one family to another. They may include:

• Weekday and weekend routines
• Holiday and school break rotations
• Summer schedules
• Transportation and exchange guidelines

The goal is to create a plan that works in real life, not just on paper.

The Role of the Friend of the Court

In many Michigan custody cases, the Friend of the Court (FOC) becomes involved, particularly when parents disagree. Under MCL 552.505, the FOC assists the court by investigating custody and parenting time issues and making recommendations focused on the child’s best interests.

Depending on the county and case type, the FOC may:

• Conduct interviews or custody investigations
• Recommend parenting schedules
• Help enforce parenting time and support orders
• Assist parents with dispute resolution

The FOC does not represent either parent. Its role is to support the court and protect the child’s interests.

When Parenting Time May Be Limited

While Michigan law favors frequent and meaningful parenting time with both parents, courts may restrict or supervise parenting time if there is credible evidence of harm or risk to the child. These decisions are made carefully and are always tied back to the child’s safety and well-being, as required by MCL 722.27a(3).

Modifying Custody or Parenting Time

Custody orders are not always permanent. If circumstances change significantly, a parent may seek a modification under MCL 722.27(1)(c). The court will evaluate whether there is proper cause or a change in circumstances and whether the requested modification serves the child’s best interests.

Support Makes a Difference

Custody and parenting time decisions shape your child’s everyday life and your relationship with them. It’s natural to feel protective, uncertain, or overwhelmed when navigating these issues. Understanding Michigan’s custody laws is an important first step, but having thoughtful legal guidance can make the process more manageable and less adversarial.

At McKinney Vos PLLC, we help Michigan parents understand their rights, responsibilities, and options when custody and parenting time are at stake. If you’re facing a custody issue or need help creating or modifying a parenting plan, contact us at McKinney Vos PLLC to schedule a consultation and get the support you deserve.