If you are divorcing your spouse or separating from your partner and you share children together, child custody may be a contentious issue in your case. However, it’s important to understand that child custody arrangements are not one-size-fits-all. There are several types of child custody in Michigan — and you can tailor a parenting time schedule to fit the needs of your child and your family.

What are the Different Types of Child Custody in Michigan?

Child custody falls into two distinct categories — physical custody and legal custody. Physical custody refers to where the child will live, and which parent is responsible for their day-to-day care. Legal custody gives a parent the right to make crucial decisions about the child’s upbringing, including their healthcare, education, and religious instruction. Custody can be either sole and belong only to one parent, or joint, and belong to both.

Specifically, the types of child custody in Michigan include the following:

• Sole custody — With sole custody, only one parent has full physical and legal custody. This parent would have the authority to make all decisions on the child’s behalf and care for their daily needs. Depending on the facts of the case, the non-custodial parent may be granted visitation rights or lose access to the child entirely. In the event sole custody is considered, the court will conduct an investigation to determine the child custody arrangement that is in the best interests of the child.
• Joint physical custody — Courts prefer joint custody whenever possible. With these arrangements, the child splits their time living with both parents. The court may name one parent as the primary custodian, which means the other would be responsible for paying child support.
• Joint legal custody — Michigan courts also try to award joint legal custody as long as it is in the best interests of the child. This gives both parents the legal right to make important decisions regarding the child’s upbringing.

Courts in Michigan encourage parents to determine a custody agreement between themselves since they know their child and family circumstances best. An agreement can be reached through negotiations or with the help of mediation. However, in particularly contentious matters, it may not be possible to reach a settlement. In these cases, a child custody case may be litigated and decided by the judge.

What Factors Are Considered When Determining Child Custody in Michigan?

When parents cannot reach an agreement regarding child custody, a court will determine the outcome. A judge will evaluate a wide variety of factors under Michigan law to decide what types of child custody arrangements are suitable. These factors include the following:

• The emotional ties existing between each parent and the child
• Each parent’s ability and willingness to care for the child’s physical and emotional needs
• The length of time the child has lived in a stable environment and the desirability of maintaining continuity
• Each parent’s physical and mental health
• The moral fitness of each parent
• The child’s home, school, and community history
• The child’s preference, if they are a sufficient age
• The willingness of each parent to facilitate and encourage a close bond between the child and their other parent
• Any instances of domestic violence
• Any other relevant factors

First and foremost, a court would consider the best interests of the child in making its determination regarding the type of child custody arrangement that is most appropriate. Once the judge makes their decision, they will sign an order which is legally binding upon both parents. Neither parent may unilaterally decide to change the terms in the order — any modifications to a custody order would either need to be agreed upon between the parties or brought into court.

What is Parenting Time?

Parenting time is the schedule that outlines with whom the child will spend their time. The objective of a parenting time schedule is to ensure the child is able to foster a healthy relationship with each parent — and both parents have access to the child. There are a variety of parenting time schedules that may be implemented, based on the parents’ work schedules and the child’s needs. For instance, a parenting time schedule for an elementary school-aged child may look very different from one that is put into place for a high schooler.

Depending on the type of child custody arrangement, common parenting time schedules can include the following:

• Alternate week schedule
• Alternating 5-day, 2-day, 2-day, 5-day schedule
• Alternating 2-day, 2-day, 3-day schedule
• Alternating weekend schedule
• Alternating 3-day, 4-day, 4-day, 3-day schedule

While it is essential to be consistent in adhering to the parenting time schedule, it’s just as important to be flexible. Sometimes, emergencies or work-related issues arise. But if a parent regularly fails to comply with the parenting time schedule, it may be necessary to seek an order from the court to enforce it.

Contact an Experienced Michigan Family Law Attorney

If you are facing a child custody issue, it’s crucial to understand the different types of child custody arrangements that are available. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a wide array of family law services to Michigan residents, including negotiating, mediating, and litigating custody. He also works closely with his clients to create comprehensive parenting plans that meet the best interests of their children.

You can set up a free consultation to discuss your child custody matter by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.