How is child custody decided in Michigan?

Michigan child custody is governed by the Child Custody Act, MCL § 722.21 et seq.

1. Legal vs. Physical Custody

Legal custody — decision-making for important decisions such as education, religion, medical care.

Physical custody — where the child lives.

Either may be sole or joint (MCL § 722.26a).

2. Established Custodial Environment (MCL § 722.27(1)(c))

A critical Michigan-specific concept: an established custodial environment (ECE) exists if 'over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort.'

If an ECE exists with one parent, the other parent must show by clear and convincing evidence that a change is in the child's best interest.

If no ECE, or it exists with both parents, the standard is preponderance of the evidence.

3. Best Interest Factors — 12 Listed (MCL § 722.23)

The court must make findings on each:

(a) Love, affection, and other emotional ties.

(b) Capacity and disposition to give love, affection, guidance, and continuation of educating and raising the child in the religion or creed.

(c) Capacity and disposition to provide food, clothing, medical care, or other remedial care, and other material needs.

(d) Length of time the child has lived in a stable, satisfactory environment.

(e) Permanence, as a family unit, of the existing or proposed custodial home.

(f) Moral fitness of the parties.

(g) Mental and physical health of the parties.

(h) Home, school, and community record of the child.

(i) Reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(j) Willingness and ability to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

(k) Domestic violence, regardless of whether directed at the child or witnessed by the child.

(l) Any other factor considered by the court to be relevant.

4. Joint Custody (MCL § 722.26a)

The court must consider joint custody at the request of either parent, and must consider it in every case even without a request. If parents agree on joint custody, the court must order it unless contrary to the child's best interest.

5. Child's Preference (MCL § 722.23(i))

Reasonable preference of the child if the court considers the child to be of sufficient age. No statutory age, but Michigan courts generally interview children age 6 and up if a party requests it. Preferences of children age 9+ typically carry more weight.

6. Modification — Proper Cause or Change of Circumstances

Under Vodvarka v. Grasmeyer, 259 Mich. App. 499 (2003), the moving party must first show proper cause or a change of circumstances before the court will revisit best interest factors. This threshold must be 'of such magnitude' that it could have a significant effect on the child.

7. Relocation — 100-Mile Rule (MCL § 722.31)

A parent with legal custody may not change a child's legal residence to more than 100 miles from the child's legal residence at the time of the order without court approval. The court applies a 5-factor analysis: improvement of quality of life, compliance with prior order, feasibility of preserving the relationship, opposition motivated by reducing child support, domestic violence.

This is legal information, not legal advice.