Updated April 22, 2024
A Michigan custody agreement is a parenting plan designed for families with children whose parents are no longer in a relationship or cohabitating. It establishes rules regarding legal custody, physical custody, and parenting time. The agreement legally must be created with the child’s best interests in mind, as opposed to either parent’s best interests.
Child Custody Factors
The Michigan court considers all of the following conditions when determining a child’s best interests:
- Each parent’s ability to support the other parent’s relationship with the child;
- Each parent’s capacity to provide necessities for the child (clothes, food, housing, and medical care);
- If the child’s current living arrangement is dangerous or healthy and safe;
- The child’s history in the local community, home, and at school;
- The child’s preference (if old/mature enough);
- The child’s relationship with each parent;
- The existence of domestic violence in either home;
- The mental, moral, and physical health of all parties involved; and
- The permanence of each parent’s home.
Statute: § 722.23
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How to File for Custody in Michigan
The parent with primary care, custody, and responsibility for the child is called the “custodial” parent. Parents must utilize the Michigan courts to determine child custody arrangements.
1. Agree on a Parenting Plan
The first step is to try to reach an agreement with the other parent about an arrangement that would be in the child’s best interest. Refer to the Michigan Guide to Custody, Parenting Time and Support Handbook to learn about best practices and recommendations when determining the custody schedule, decision-making authority, communication between the parents, proposed changes to the schedule, and more.
2. Calculate Child Support
Child support is determined by using the Michigan Child Support Formula, which factors in both parents’ incomes, allowable deductions, the number of children, and more. Michigan’s child support calculator can be used to estimate the amount of child support that may be ordered by the court.
3. Complete and File Required Forms
Parents who are still married need to formally file for divorce or legal separation to initiate a custody proceeding.
Unmarried parents must establish paternity by filing the Affidavit of Parentage with the Michigan Department of Health and Human Services.
Download and complete all of the following required forms:
- Application for IV-D Child Support Service (only divorce and legal separation cases)
- Complaint
- Friend of the Court Questionnaire
- Uniform Child Custody Jurisdiction Enforcement Act Affidavit
- Verified Statement
- Summons
File the forms with the family division of the local circuit court for the region covering the child’s custodial county of residence.
4. Serve the Defending Parent
After filing with the court, serve the certified documents on the defending parent within 91 days of filing. There are two ways to serve the defending parent:
- Hire the county Sheriff or a private process server to serve the defendant in person (server must be at least 18 years old); or
- Serve the defendant directly via certified mail.
They have 21 days to respond to an in-person service and 28 days to respond to a mailed service. The court will enter a default judgment without input if they miss their deadline.
5. Attend Hearing(s)
When the court receives the defending parent’s response, it will set a hearing date if necessary. Both parents must attend the hearing and subsequent hearings until the court settles a final custody agreement.
Custody Laws
- Best interests of the child: § 722.23
- Cases filed by a limited guardian or another third party: § 722.26b; § 722.26c
- Cases filed while with a deployed military parent: § 722.27
- Cases involving sexual violence: § 722.25
- Child preference: § 722.23(i)
- Emergency custody: § 722.1204
- Grandparenting time: § 722.27b
- Joint custody: § 722.26a
- Parenting coordinator: § 722.27c
- Parental change of residence: § 722.31
- Parenting time: § 722.27a
- Records access: § 722.30
- Uniform Child-Custody Jurisdiction and Enforcement Act: §§ 22.1101 – 722.1406
Related Forms
