If you are going through a divorce in 2025, it’s important to understand how Michigan’s custody laws could impact the outcome of your case. Child custody is often one of the most contentious parts of a divorce. However, even if you and your ex-spouse agree on child custody, you still need to have a custody schedule and parenting plan for the court to approve. For this reason, it’s crucial to work with an experienced custody lawyer.
Types of Custody in Michigan
In Michigan, there are two key types of child custody that the courts can recognize:
- Physical Custody: This term generally refers to the parent with whom the child primarily resides. The other parent may have parenting time determined by the court.
- Legal Custody: This type of custody refers to the parties’ decision-making authority regarding major decisions affecting the child. Either one party will have sole legal custody or the parties will share the ability to make decisions for the child.
The Best Interest of the Child
When determining the custody arrangement, the court will primarily focus on the child’s best interest. According to Michigan law, factors that go into this determination include:
- The love and affection between the parties and the child
- The capacity for the parties to guide and raise the child
- The capacity of the parties to provide the child with basic necessities
- The length of time the child has lived in a stable environment
- The permanence of the family unit
- The moral fitness of the parties
- The mental and physical health of the parties
- The home, school, and community records of the child
- The reasonable preference of the child
- The willingness of the parties to facilitate a relationship between the other party and the child
- Domestic violence
Modifying Child Custody Arrangements
If you already have a child custody arrangement and want to change it, you must file a motion with the court and explain why a change is necessary. Remember that the court will again look toward the child’s best interest when making decisions regarding custody modifications. Reasons that may be acceptable include:
- Changes in the work schedule of either party
- Changes in residence
- Changes in the child’s school
- Changes in the child’s needs
Contact Our Michigan Child Custody Lawyers
If you have questions or concerns about child custody in your Michigan divorce case, contact Eisenberg & Spilman, PLLC, to speak with an experienced child custody lawyer at an all-female firm with fair billing practices. Attorney Amy Spilman is a member of the American Academy of Matrimonial Lawyers (AAML) and focuses on custody cases. Our firm also has a dynamic group of attorneys who can meet any of your