Michigan Child Custody Factors

By Olivia Wathne, Esq. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 12, 2024

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Deciding on child custody and visitation issues is one of the most significant challenges that a parent can face. Michigan law presumes that parents should have custody unless there's clear and convincing evidence to the contrary. Other parties, such as grandparents, may get custody in those cases.

A parent who has legal custody has the decision-making rights and responsibilities. These decisions can be about the child's health care, education, socialization, and religion. Physical custody is the time a child spends in a parent's care. There is also sole custody (only one parent has custody) and joint custody, where both parents share custody.

Michigan encourages parents to opt for joint custody whenever possible. The state also encourages parents to agree to their own parenting time schedules. When the parents can't agree, the court will determine a custody arrangement using many factors based on the best interests of the child.

Michigan Child Custody Factors at a Glance

The Michigan Child Custody Act of 1970 establishes guidelines and factors for courts to consider in determining custody arrangements. Understanding the full text of the relevant statutes is crucial when dealing with a custody case. The chart below offers an overview of the law that governs Michigan's child custody factors.

Statutes

Michigan Compiled Laws Sections 722.23, 722.24, 722.26a
Best interest factors

Michigan looks to the following factors when determining the best interests of a child:

  • The love, affection and other emotional ties between the parents and the child
  • The capacity of the parties to give the child love, affection and guidance, education, and raising the child in their religion
  • The capacity of the parties to provide the child with food, clothing, and medical care
  • The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
  • The permanence of the existing or proposed home
  • The moral fitness of the parties
  • The mental and physical health of the parties
  • The home, school, and community record of the child
  • The reasonable preference of the child, if the court considers the child to be of age to express it
  • The willingness of the parties to facilitate a close and continuing parent-child relationship between the child and the other parent
  • Domestic violence
  • Any special needs of the child
  • Any other factor that the court considers to be relevant
Joint custody factors

When making the joint custody decision, a Michigan family court will consider whether the parents will be able to cooperate and agree on decisions affecting their child's well-being. The court will also consider each parent's physical and mental health.
Criminal sexual conduct

The court can't award custody to a biological parent if the child was conceived as a result of that parent's criminal sexual conduct, as determined by a conviction under the Michigan penal code, a substantially similar statute from another state, or federal law. Also, custody is denied if clear and convincing evidence shows that the parent committed acts of nonconsensual sexual penetration (rape).

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Michigan Child Custody Factors: Related Resources

Speak With an Experienced Michigan Attorney about Custody Issues

Michigan courts will step in whenever parents can't resolve child custody issues independently. Because it can be frightening to have your child's fate determined by others, consult with an experienced family law attorney who can advocate on your behalf.

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  • A lawyer can help protect your children's interests
  • Lawyers can seek to secure visitation rights

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