How Child Custody Is Typically Decided in Michigan

April 7, 2025

How Child Custody Is Typically Decided in Michigan


If you’re reading this, chances are you’re navigating a tough and emotional chapter—whether you’re going through a divorce, separating from a partner, or trying to modify an existing custody order. Questions about who gets custody, how parenting time is divided, and what really matters to the court can be overwhelming. Let’s walk through how child custody is typically decided in Michigan so you feel more informed and a little more in control of what’s ahead.


Before anything else, it’s important to understand that in Michigan, the court’s main priority in custody cases is always the best interest of the child. That’s not just a general phrase—it’s a legal standard that guides nearly every custody decision in the state. Judges don’t automatically side with one parent over the other. Instead, they weigh a specific set of factors to determine what arrangement will best support the child’s physical, emotional, and developmental needs.


In Michigan, custody can be broken down into two types: legal custody and physical custody. Legal custody refers to the right to make major decisions about a child’s upbringing—things like education, healthcare, and religion. Physical custody refers to where the child actually lives. Both types of custody can be joint (shared) or sole (granted to one parent).


Many parents assume that getting joint custody means splitting everything 50/50. That’s not always the case. Joint custody just means both parents have a role in the child’s life, not necessarily that parenting time is split evenly. In fact, the court has a lot of flexibility when it comes to designing a parenting plan that fits the family’s unique circumstances. Some plans may involve alternating weeks, while others may have a primary home base for the child with scheduled visits or overnights with the other parent.


So how does the court actually determine what’s in a child’s best interest? Michigan law outlines twelve specific factors, often referred to as the “best interest factors.” Judges will go through each one of these and consider how they apply to your family’s situation. Here’s a general idea of what they look at:

The love, affection, and emotional ties between each parent and the child. The court wants to know which parent has been the primary caregiver and what kind of bond the child has with each parent.


The capacity and disposition of each parent to give the child love, affection, and guidance. This includes helping the child through their education and teaching them about ethics, culture, and values.


The ability of each parent to provide the child with food, clothing, medical care, and other material needs. Stability is a big deal here—not just financial, but also the consistency in daily routines.


The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity. If the child is already in a good, supportive living situation, the court may be hesitant to change it unless there’s a strong reason.


The permanence of the existing or proposed custodial home or homes. Is one parent more settled in a long-term home? Has the child lived there for a long time?


The moral fitness of the parties involved. This doesn’t mean the court is judging someone’s character casually, but they may consider any behavior that could impact the child’s wellbeing—like substance abuse or criminal activity.


The mental and physical health of the parties. Health issues that affect a parent’s ability to care for the child can come into play.


The home, school, and community record of the child. The court considers how the child is doing in their current environment—school performance, friendships, extracurricular involvement, etc.


The reasonable preference of the child, if the court considers the child to be of sufficient age and maturity. The child’s voice can be heard, but it’s not the only voice. There’s no set age for this—judges use their discretion.


The willingness and ability of each parent to foster a close relationship between the child and the other parent. Cooperation matters. Courts tend to favor parents who encourage positive relationships, not those who try to turn the child against the other parent.


Domestic violence, regardless of whether the child was directly involved. If there’s a history of domestic abuse, the court will absolutely consider it.


Any other factor the court deems relevant to a particular custody dispute. This is a bit of a catch-all, but it gives judges flexibility to consider unique details that might not fit neatly into the other categories.


It’s also worth mentioning that Michigan law starts with a presumption that it’s in the best interest of the child to have a strong relationship with both parents. That means shared custody or frequent parenting time is usually the starting point—unless there’s a reason to limit one parent’s involvement.


So what can you expect in a custody case? Often, things begin with temporary orders. These outline how custody and parenting time will work while the case is ongoing. Eventually, the court will make a final determination—either by approving an agreement between the parents or issuing a ruling after a hearing or trial.


Many custody disputes are resolved through negotiation or mediation. These approaches can be less stressful, less expensive, and often lead to better long-term co-parenting outcomes. If both parties are willing to work together, it’s often possible to create a parenting plan that works for everyone—especially the child.


Of course, there are situations where an agreement isn’t possible. That’s when the court steps in to make the decision. In contested cases, both parents may present evidence and call witnesses to support their position. This can include school records, messages or emails, photos, or even testimony from teachers, therapists, or other people involved in the child’s life.


Once a custody order is in place, it’s legally binding. That said, life changes—and Michigan courts do allow for custody modifications if there’s been a significant change in circumstances. That might include a parent moving, a change in the child’s needs, or issues with one parent’s ability to care for the child. But the threshold to revisit custody is fairly high—you’ll need to show a real, meaningful change since the last order.


If you’re starting the custody process, it’s normal to feel unsure or even overwhelmed. The legal system can be confusing, especially when it’s tied to something as personal as your children. While there’s a lot of general information available online, nothing replaces a real conversation about your unique situation.


At Coppins Law Group, we understand how sensitive and high-stakes these situations can be. Our role is to help you navigate the system, understand your options, and protect your relationship with your child. Whether you’re pursuing joint custody, seeking to modify an existing order, or simply want help understanding how the law applies to your circumstances, we’re here to support you every step of the way.


If you’re considering your next move or have questions about where to start, reach out today to schedule a consultation. We’ll walk through your situation, answer your questions clearly, and help you feel confident in whatever decision comes next.


And remember—while this blog is designed to give you helpful information, it’s not a substitute for legal advice. Every case is different, and the right approach depends on the details of your situation.

Will a DUI in Macomb County Affect My License, Job, or Insurance?

June 29, 2025
If you’ve recently been charged with a DUI or OWI in Macomb County or the surrounding Southeast Michigan area, you probably have a lot of questions. One of the first things many people ask is how the charge could affect their driver’s license, their job, or their insurance. Facing an OWI charge is stressful, especially if this is your first time dealing with the legal system. This post walks through some of the possible outcomes and important things to know based on how these cases are typically handled in the local courts. First, a Quick Look at the Terms In Michigan, the term OWI (Operating While Intoxicated) is used more often than DUI, though people tend to use them interchangeably. You may also hear the term OUID (Operating Under the Influence of Drugs), which covers driving while impaired by substances other than alcohol. Whether it’s alcohol, marijuana, or a controlled substance, OWI charges are taken seriously in Macomb County, and local courts move quickly through the process. What Can Happen to Your Driver’s License? License penalties are common after an OWI charge, even before your case is finalized. For example: Implied Consent Violations : If you refuse to take a chemical test after arrest, the Michigan Secretary of State may automatically suspend your license for one year. This is separate from your criminal case. First OWI Conviction : This can lead to up to a 6-month suspension. In some cases, you may be eligible for a restricted license after 30 days. High BAC (.17 or higher) : This can trigger longer suspensions and require the installation of an ignition interlock device if a restricted license is granted. The local courts in Mt. Clemens often follow these guidelines closely, and the Secretary of State processes license penalties independently of the judge’s ruling. It’s important to be aware of both parts of the system. Can a DUI Affect Your Job? It depends on the type of work you do. For some people, an OWI has little or no impact on employment. For others, it can be more serious. Jobs that involve: Driving a company vehicle Holding a commercial driver’s license (CDL) Security clearances State licenses or professional certifications …may be affected by a DUI conviction. Employers in these situations often require notification of criminal charges or conduct background checks as part of ongoing employment. This is especially true in regulated fields like healthcare, education, law enforcement, or government contracting. If your job is unrelated to driving or licensing, your employer might not take any action at all. However, if you have a company policy that requires reporting arrests or convictions, it’s important to be proactive and check what’s required. What About Your Insurance? In most cases, your auto insurance rates will go up after a DUI conviction. Some insurance companies may even choose not to renew your policy. This isn’t something that happens immediately, but once the conviction hits your driving record, insurers may re-evaluate your policy at renewal time. Drivers with an OWI on their record may need to obtain SR-22 insurance , which is a special certification that proves you’re carrying the required amount of liability coverage. Michigan doesn’t require SR-22 in every OWI case, but your insurance provider may. Will This Stay on Your Record? Michigan has recently made changes to its expungement laws. Some first-time OWI offenses may now be eligible for expungement, but only under specific conditions and after a waiting period. Expungement is not automatic and requires a formal process through the court. If you’re thinking about long-term consequences, especially for your driving and criminal record, it’s worth speaking with an attorney to see what your options are. How Macomb County Courts Typically Handle OWI Cases In Macomb County, OWI cases usually start in district court. For residents in Mt. Clemens, that typically means the 41-B District Court. Judges in this court have handled hundreds of these cases, and they are familiar with all the nuances involved. The court process often includes: An arraignment Pre-trial conferences Review of police reports, body cam footage, and breathalyzer or blood test results Possible plea negotiations A sentencing hearing if there is a conviction Every case is different. Some people are eligible for sobriety court programs or other alternatives, depending on the facts of the case and their criminal history. Steps to Take After Being Charged If you’ve been charged with OWI in or around Macomb County: Don’t delay. Court dates often come up quickly. Don’t try to navigate it alone. The consequences of a conviction can follow you for years. Write down everything you remember from the traffic stop and arrest while it’s fresh in your mind. Gather any documents you’ve received and keep them in one place. You don’t have to go through this process without support. Local attorneys who work in the district courts every week understand what to expect and how to guide you through the steps. Need Help Navigating an OWI Charge in Mt. Clemens? Our team at Coppins Law Group has worked with many individuals facing DUI or OWI charges in the Macomb County area. We understand the pressure this puts on your life, and we’re here to help you understand your rights and options at every step. Disclaimer : This blog post is for general informational purposes only and does not constitute legal advice. Every case is different, and results can vary depending on the facts and circumstances. For legal guidance specific to your situation, please contact Coppins Law Group directly.

How Child Custody Is Determined in Divorce Cases Around Mt. Clemens and Macomb County

June 18, 2025
If you’re going through a separation or divorce and you have children, it’s likely that child custody is one of your biggest concerns. In the Mt. Clemens and greater Macomb County area, custody decisions are handled by the local family court system. Understanding how judges in this region typically approach custody can help you better prepare for the process ahead. Every case is unique, but here’s what you should know if you're facing a custody matter in this part of Southeast Michigan. What Judges in Macomb County Family Court Look For Courts in Macomb County, just like others in the region, are guided by what’s called the best interest of the child . Judges look at a variety of factors to decide what kind of custody arrangement will support the child’s physical, emotional, and educational well-being. Some of the specific things they might consider include: The emotional ties between the child and each parent Each parent’s ability to provide a stable home The child’s age and needs Any history of abuse or neglect The mental and physical health of all parties involved The willingness of each parent to encourage a relationship between the child and the other parent These are just a few examples. Judges have broad discretion and will look closely at the full picture before making a decision. Types of Custody That May Be Awarded Local courts may award joint custody or sole custody , and they’ll often divide custody into two categories: Legal Custody : This determines who has the authority to make decisions about schooling, medical care, and other major life issues. It’s common for parents to share legal custody unless the court sees a specific reason not to. Physical Custody : This refers to where the child lives most of the time. Some families have a shared parenting time schedule, while others may have one parent with primary custody and the other with scheduled visitation. In Macomb County, parenting time orders are generally detailed. Judges want clear schedules that outline school days, weekends, holidays, and even pick-up and drop-off times to help avoid conflict. What You Should Bring to a Custody Hearing If you’re preparing for a custody hearing in Mt. Clemens or a nearby court, there are a few things that can help your case: A detailed parenting time proposal that shows you’ve thought about the child’s needs Proof of a stable home environment Information about your work schedule and availability Any documentation related to the child’s school or healthcare needs If you have concerns about the other parent, especially regarding safety, substance use, or unstable living conditions, bring documentation to support those concerns. Local judges expect facts and evidence, not just opinions. What to Avoid During the Process While emotions can run high, it’s important to stay focused on the child’s well-being. Avoid speaking negatively about the other parent in front of your children or online, and follow any temporary court orders to the letter. Also, be careful about informal agreements that aren’t court-approved. Even if both parents agree on something, it won’t be legally binding unless it’s documented and approved by the court. Why Local Representation Matters Every county handles custody cases a little differently. Local knowledge can be a major advantage. Attorneys who regularly appear before Macomb County family court judges understand how to present a case effectively, what kind of evidence judges expect, and how to navigate the system without unnecessary delays. At Coppins Law Group, we represent clients in Mt. Clemens and the surrounding areas every day. We’re familiar with the expectations of the local courts, and we focus on helping clients feel informed and supported through the process. If Custody Agreements Break Down If there’s already a custody agreement in place but one parent isn’t following it, you may need to file a motion for enforcement or ask the court to modify the order. This happens more often than many people expect, especially as life changes — jobs shift, children get older, and new partners or moves come into play. The family court will always return to the best interest of the child when reviewing modification requests, but they also look at how well each parent has honored the current agreement. Next Steps if You’re Facing a Custody Dispute in Macomb County If you’re dealing with child custody in or around Mt. Clemens, make sure you know your rights and have the support you need. Custody matters are deeply personal, and you shouldn’t have to navigate them alone. Whether you’re just beginning a divorce, responding to a custody motion, or thinking about modifying an existing arrangement, our office is available to discuss your situation and what steps make the most sense for your family. Disclaimer : This blog post is for general informational purposes only and does not constitute legal advice. Custody outcomes depend on the specific facts of each case, and results can vary. For personalized legal guidance, contact Coppins Law Group directly to schedule a consultation.