Michigan Custody & Parenting
Current, source-linked Michigan custody terminology and rules without imported out-of-state formulas.
Michigan terminology
Legal custody
The right to make major decisions for the child (medical, religious, educational).
Physical custody
Where the child actually lives and receives day-to-day care — sole or joint.
Joint custody
Both parents share legal and/or physical custody when it is in the child's best interest.
Best interests
The standard; decided on all 12 factors (MCL 722.23).
Core rules
- There is no presumption for or against either parent in a custody action between parents
- Custody is decided on the child's best interests by considering all 12 factors (MCL 722.23)
- Parenting time is presumed to be in the child's best interests (MCL 722.27a)
- No party receives a preference based on gender
- There is no fixed 50/50 presumption and no overnight formula that converts a schedule into a custody right
- In contested cases the Friend of the Court may provide mediation/ADR
Support and modification cautions
Michigan uses the Michigan Child Support Formula (MCSF), an Income Shares model — not a flat percentage of one parent's income. The court combines both parents' net income and applies a continuous Parental Time Offset (MCL 552.605, effective 1/1/2025). A custody order may be modified for proper cause or a change of circumstances; changing an established custodial environment requires clear and convincing evidence (MCL 722.27(1)(c)).
Always confirm current local forms, fees, and filing procedure with the Michigan Family Division of the Circuit Court clerk handling your case.