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Understanding Child Custody in Michigan: Joint vs. Sole Custody Explained

  • Writer: Royce Nunley
    Royce Nunley
  • May 31
  • 3 min read

Updated: 5 days ago


Understanding Child Custody in Michigan

Few issues are more emotionally charged during a divorce than child custody. Unlike property or finances, children cannot be divided — and the court’s primary concern is always the best interests of the child. If you're facing a custody battle in Michigan, it’s essential to understand how child custody works and what your options are when it comes to joint custody and sole custody.


How Does Custody Work in Michigan?


In Michigan, custody is divided into two categories:

  • Physical custody: Refers to where the child lives.

  • Legal custody: Refers to the authority to make important decisions about the child’s upbringing (education, medical care, religion, etc.).


Joint Physical Custody vs. Sole Physical Custody


  • Joint physical custody means the child spends time living with both parents. This can work well if parents live close to one another and want to maintain consistent involvement in the child’s daily life.

  • Sole physical custody means the child primarily resides with one parent, while the other may have scheduled parenting time (e.g., weekends or holidays).


Joint Legal Custody vs. Sole Legal Custody


  • Joint legal custody allows both parents to make decisions about major aspects of the child's life, such as schooling, healthcare, and extracurricular activities.

  • Sole legal custody grants one parent the exclusive right to make those decisions, often in cases involving high conflict or concerns about cooperation.


How Michigan Courts Decide Custody


When determining custody, Michigan judges follow the “best interests of the child” standard. Factors include:


  • The emotional ties between the child and parents

  • The capacity of each parent to provide a stable home

  • The child’s school and community involvement

  • The mental and physical health of all parties

  • In some cases, the child’s preference (typically if the child is older)


There is no default custody arrangement. Parents can come to an agreement through mediation or settlement, or the court may decide if an agreement cannot be reached.


Pros and Cons of Sole Custody in Michigan


Sole Physical Custody Benefits:

  • Provides stability and consistency for the child

  • Reduces back-and-forth between homes


Sole Legal Custody Benefits:

  • Prevents ongoing conflict in decision-making

  • Gives one parent full authority in emergencies or high-conflict scenarios


Potential Downsides:

  • Limits the non-custodial parent’s involvement

  • May strain the child’s relationship with the other parent or extended family


Pros and Cons of Joint Custody in Michigan


Joint Physical Custody Benefits:

  • Allows the child to build relationships with both parents

  • Encourages co-parenting and shared responsibilities


Joint Legal Custody Benefits:

  • Both parents remain active in key life decisions

  • Encourages collaboration and unity in parenting


Challenges:

  • Potential for ongoing conflict if parents don’t communicate well

  • Logistical complications if parents live far apart

  • Requires clear agreements for emergency decision-making


What to Do If You’re Facing a Child Custody Dispute


If you’re going through a divorce or separation and have concerns about child custody in Michigan, it’s important to speak with a Michigan family law attorney who understands local custody laws and can help protect your parental rights.


Need Help Understanding Child Custody in Michigan? Contact The Nunley Law Group Today


At The Nunley Law Group, our experienced Michigan child custody lawyers will guide you through the legal process, whether you are seeking sole custody, joint custody, or modifying an existing agreement. We prioritize your child’s well-being and your rights as a parent.


📞 Call us today to schedule a consultation and get the support you need for your family’s future.


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Divorce Attorney Royce A. Nunley
Attorney Royce A. Nunley

| About the Author


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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