A 50/50 custody arrangement sounds fair to many divorcing parents, but family court judges don’t automatically default to a perfectly even split. Instead, they focus on what’s in the child’s best interests and Michigan custody laws, which sometimes means a different custody arrangement.
Brief Overview of Michigan Custody Laws
Michigan custody laws are governed by the Child Custody Act of 1970, which requires judges to consider joint custody when parents request it as an option. Joint custody in Michigan means:
- Both parents share decision-making authority on significant matters affecting the child’s welfare.
- The child resides with both parents, though not necessarily in an equal split.
If you’re wondering why a judge might not grant 50/50 custody, here are some common reasons why it’s atypical in child custody matters.
One Parent Has a History of Domestic Violence or Substance Abuse
A history of domestic violence, substance abuse, or criminal behavior can heavily sway a judge’s decision. The court may decide that supervised visitation with that parent is better for the child.
The Parents Can’t Co-Parent Effectively
Courts want parents to work together, not use custody as a battleground. When there is constant fighting, a refusal to compromise, or one parent actively trying to alienate the child from the other, a judge may decide that 50/50 custody is simply not realistic.
One Parent Has an Unstable Living Situation
If one parent doesn’t have suitable, stable housing, it could impact their custody rights. The court needs to see that each parent can provide the child with a safe and consistent home.
One Parent’s Work Makes 50/50 Custody Unrealistic
Judges recognize that some careers aren’t ideal for 50/50 custody. If one parent is a surgeon, frequently on call, or travels for business regularly, it may not be feasible for them to manage equal parenting time.
The Child’s Schedule and Needs Make It Impractical
If a child has a demanding school schedule, medical needs, or extracurricular activities, a judge may determine that a 50/50 arrangement would be too disruptive. Courts aim for stability, and if frequent transitions between two homes would create unnecessary stress, they may assign primary custody to one parent with visitation for the other.
The Child Prefers To Live Primarily with One Parent
In Michigan, if a child is old enough, judges consider their preference. If a young teen prefers to live primarily with one parent, a judge may respect that request, especially if it aligns with the child’s best interests.
Need Guidance on Custody? Our Family Law Firm Can Help
If you have questions about your custody arrangements, an experienced family law attorney and mediator can give you the answers you’re looking for.
Custody cases are never one-size-fits-all. That’s why Eisenberg & Spilman, PLLC takes a collaborative, tailored approach. Attorneys Laura E. Eisenberg and Amy M. Spilman are experienced in the intricacies of Michigan custody law. Both attorneys are members of the American Academy of Matrimonial Lawyers (AAML) and are known for their fair billing practices and approachable, strategic counsel. Laura Eisenberg is a highly experienced mediator who frequently resolves custody and complex marital estates. If you need guidance on your custody case, contact Eisenberg & Spilman, PLLC, for a consultation today.