How Is Child Custody Decided in a Michigan Divorce?
- Royce Nunley
- 1 day ago
- 4 min read
Divorce is never easy—especially when children are involved. One of the most emotionally charged and legally complex aspects of divorce in Michigan is child custody. Whether you're married or unmarried, living in Macomb, Oakland, or Wayne County, understanding how child custody decisions are made can help you prepare for the road ahead.
At The Nunley Law Group in St. Clair Shores, we guide families through these difficult transitions with compassion and experienced legal support. Here’s what you need to know about how child custody is decided in Michigan.
Types of Child Custody in Michigan
Michigan law recognizes two main types of custody:
1. Legal Custody
Legal custody refers to the right to make important decisions about a child’s life, including education, medical care, and religious upbringing.
Joint legal custody means both parents share these decision-making responsibilities.
Sole legal custody gives one parent the authority to make these decisions without input from the other parent.
2. Physical Custody
Physical custody determines where the child will live.
Joint physical custody means the child spends substantial time with both parents.
Sole physical custody means the child lives primarily with one parent, while the other may have scheduled parenting time.
How Michigan Courts Decide Custody
In Michigan, the best interests of the child is the standard used to decide custody. Judges do not automatically favor one parent over the other. Instead, the court evaluates several factors under Michigan Compiled Laws (MCL) 722.23, including:
Emotional ties between the child and each parent
The ability of each parent to provide love, guidance, and financial support
The child’s home, school, and community stability
Each parent’s moral fitness and mental/physical health
The child’s preference (if the child is old enough)
History of domestic violence or substance abuse
Willingness of each parent to support the child’s relationship with the other parent
Parenting Time in Michigan
Parenting time—sometimes called “visitation”—is the schedule that outlines when the child spends time with each parent.
Before a Court Order: Parents can agree on a temporary schedule. If there's disagreement, the court may intervene.
After a Court Order: Parenting time is legally enforceable. Violating the schedule without a court-approved modification can result in serious consequences.
Custody for Unmarried vs. Married Parents in Michigan
Married parents: Both have equal legal rights to the child until a court order says otherwise.
Unmarried parents: The mother has initial legal custody until paternity is legally established. Once paternity is confirmed, custody, parenting time, and child support can be formally determined by the court.
Child Support and Custody
Child custody and child support are closely linked but handled separately. Even if a parent has limited custody or parenting time, they may still be required to pay child support based on Michigan’s guidelines, which consider:
Each parent's income
Number of children
Number of overnights with each parent
Health care, childcare, and other expenses
Modifying a Custody Order
Custody is not set in stone. Life changes—such as a new job, relocation, or concerns about the child’s well-being—can justify a motion to modify custody. However, the parent requesting the change must show:
A significant change in circumstances, and
That the proposed change is in the best interest of the child.
Domestic Violence and Custody
Domestic violence is a critical factor in custody cases. Michigan courts prioritize the safety and emotional health of children. If there is a history of abuse, the court may:
Restrict or supervise parenting time
Award sole custody to the non-abusive parent
Order counseling or parenting classes
If you are facing a situation involving domestic violence, legal guidance is essential to protect both you and your children.
Why You Need a Child Custody Attorney
Child custody battles can be overwhelming, especially when emotions run high. A skilled family law attorney helps by:
Explaining your rights and responsibilities
Representing you in court and negotiations
Gathering evidence to support your case
Helping you prepare for Friend of the Court evaluations
Crafting parenting time schedules that work
Modifying existing custody orders when needed
At The Nunley Law Group, we provide experienced, compassionate legal support to protect what matters most—your children. Serving St. Clair Shores, Macomb County, Oakland County, and Wayne County, we are here to fight for your family's best outcome.
Need Help with Child Custody in Michigan?
If you're facing a custody battle, considering divorce, or need to modify an existing order, don't go it alone. Contact The Nunley Law Group today to schedule a consultation. We'll help you understand your options and stand by your side every step of the way.
Other Helpful Resources
| About the Author
Email. Royce@nunleylawgroup.com
Tel. 586-778-4555
Royce Nunley is the founder and lead attorney at The Nunley Law Group, where he represents clients in the areas of Family Law, Criminal Defense, Social Security Disability, and Personal Injury. Known for his client-focused approach and legal insight, Royce is deeply committed to delivering personalized legal solutions tailored to each individual's needs.
Royce earned his Bachelor’s Degree in Spanish, Cum Laude, from Wayne State University, and continued his education at Wayne State University Law School, where he received his Juris Doctorate, also Cum Laude. His academic excellence laid a strong foundation for a career marked by both compassion and tenacity in the courtroom.
Royce has been recognized for his outstanding work in Family Law, earning the distinction of Super Lawyers "Rising Star" for six consecutive years—2019 through 2024—an honor reserved for only the top 2.5% of attorneys in the state.
With a reputation for taking the time to truly understand his clients and their legal challenges, Royce ensures that every person who walks through his door receives the respect, transparency, and tireless advocacy they deserve.
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