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.

How Property Is Divided During Divorce in Michigan

April 28, 2025
How Property Is Divided During Divorce in Michigan Divorce brings up a lot of questions—some emotional, some practical. One of the biggest questions people ask early on is, “What’s going to happen to everything we own?” Whether it’s a house, car, retirement account, or even a family pet, dividing property during a divorce can feel overwhelming and deeply personal. In Michigan, the law doesn’t simply cut everything down the middle. Instead, the court follows a principle called equitable distribution. That means things are divided fairly—but not necessarily equally. So what exactly does equitable mean? It depends on the circumstances. When a couple divorces in Michigan, the court looks at a wide range of factors to determine what a fair division looks like. This can include how long you were married, what each person contributed to the marriage (financially and otherwise), the current financial situation of each spouse, and whether one person has significantly more earning power or access to assets. It’s not just about who made more money or whose name is on the title—it’s about what’s fair based on the entire picture. First, it helps to understand the difference between marital property and separate property. Marital property generally includes anything that was acquired during the marriage—income, homes, vehicles, investments, retirement accounts, and debts. It doesn’t matter whose name is on the account or title. If it was gained while you were married, it’s typically considered marital. Separate property, on the other hand, includes assets one person owned before the marriage, as well as inheritances or gifts received individually during the marriage. However, even separate property can get complicated. If you used marital funds to renovate a home you owned before marriage, or if you deposited inherited money into a joint account, the lines can blur. Sometimes what starts out as separate becomes marital, especially if it was commingled or used to support the household. Michigan courts have the discretion to include separate property in the division if the other spouse has a demonstrated need—like if there aren’t enough marital assets to ensure a fair outcome. So even property you thought was “yours” could end up being part of the overall division if the situation calls for it. Judges also look at whether one spouse tried to hide, waste, or transfer property to avoid sharing it. Transparency matters. Trying to move money around, drain accounts, or make big purchases in the middle of a divorce often backfires. Retirement accounts are another area where people have a lot of questions. If contributions were made during the marriage, even if the account is in one spouse’s name, those contributions are usually considered marital. This means they can be divided through a court order known as a Qualified Domestic Relations Order (QDRO), which allows one spouse to receive a portion of the other’s retirement without penalty. This is a highly technical process, and it’s important to handle it correctly to avoid costly tax mistakes or delays. Debt is part of the equation too. Just like assets, debts acquired during the marriage are usually considered marital—even if only one person racked up the balance. That includes credit cards, loans, and sometimes even tax debt. The court will look at how and why the debt was incurred, and whether it benefited the marriage or was used for individual purposes. In many cases, both spouses end up responsible for repaying it, or it gets divided based on who has the greater ability to pay. Real estate tends to be one of the more emotional pieces of property division. Whether it’s the family home or an investment property, there’s often sentimental value and financial value tied up in it. If one spouse wants to keep the house, they may need to buy out the other’s share. If that’s not possible, the court may order the home to be sold and the proceeds divided. This process can take time and often requires an appraisal to determine the property’s fair market value. And then there’s personal property—everything from furniture and electronics to jewelry and collectibles. Most courts encourage spouses to divide these items on their own, but if an agreement can’t be reached, the court can step in. Keep in mind that courts typically don’t want to get involved in who gets the TV versus the couch unless there’s a major dispute. It’s usually better to negotiate these items with the help of your attorney rather than leave it entirely in the hands of the court. Spousal support, or alimony, is sometimes part of the larger conversation about property and financial division. While it’s not guaranteed, the court can award support based on one spouse’s need and the other’s ability to pay. Factors like length of the marriage, standard of living, health, age, and income potential all come into play. While it’s not technically part of the property division, it’s closely related and often negotiated alongside asset division. One thing to remember is that property division becomes much more flexible when both spouses can work together. If you and your ex can agree on how to divide your assets and debts, you can submit that plan to the court for approval. As long as it’s fair and follows Michigan’s legal guidelines, the judge will likely sign off on it. Mediation can be especially useful here, giving you both more control over the outcome rather than leaving everything up to a judge. On the other hand, if you can’t agree, the case goes to court—and that can mean more stress, more expense, and more uncertainty. That’s why having the right legal guidance is so important. An experienced attorney can help you understand what’s likely to happen based on the facts of your case and help you make strategic decisions that protect your interests without unnecessary conflict. At Coppins Law Group, we understand how complex and emotional the property division process can be. Whether you’re just starting to think about divorce or you’re in the middle of a difficult case, we’re here to guide you through the legal process with clarity, transparency, and strong representation. Our goal is to help you move forward with confidence—knowing that your financial future is being handled with care and experience. If you have questions about how your property might be divided or want help negotiating a fair settlement, schedule a consultation with our office. We’ll help you understand your rights, review your assets, and walk you through the best steps to take next. Just a reminder: this article is meant to provide general information and is not legal advice. Every divorce is different, and property division depends on your specific circumstances. To get advice tailored to your situation, reach out to speak directly with a family law attorney.

Do You Need a Prenup in Michigan? What Couples Should Consider

April 21, 2025
Do You Need a Prenup in Michigan? What Couples Should Consider If you’re engaged or planning to get married soon, you’re probably thinking about the venue, the guest list, and maybe even the honeymoon. What you’re probably not thinking about is a prenuptial agreement. And honestly, that’s completely understandable. Talking about a prenup can feel awkward—it’s not exactly romantic, and it might even sound like you’re planning for the marriage to fail before it begins. But here’s the truth: having a prenup doesn’t mean you’re expecting things to go wrong. It just means you’re being thoughtful and realistic about protecting yourselves and your future, especially when it comes to finances and property. In Michigan, prenuptial agreements—often just called prenups—are legal contracts entered into before marriage that outline how things like assets, debts, and property will be handled in the event of divorce or death. Think of it like insurance. You hope you’ll never need it, but it’s incredibly helpful to have if life takes an unexpected turn. It allows both partners to go into marriage with transparency and a shared understanding of how financial matters will be handled if the relationship ends. So, do you actually need a prenup? The answer depends on your situation. If either of you owns a home, runs a business, has significant savings or investments, or is entering the marriage with debt—those are good reasons to consider one. A prenup can also be especially helpful in second marriages, particularly when children from a previous relationship are involved. It can outline what’s considered separate property, how inheritances will be handled, and even what financial support, if any, will be provided in case of a divorce. But a prenup doesn’t have to only protect the wealthier partner. In many cases, it can benefit both people by making sure that neither person is taken by surprise if things change down the road. It gives both partners the opportunity to make decisions when the relationship is strong, rather than waiting until emotions are high or communication is strained. Now let’s talk about what a prenup can and can’t do in Michigan. Generally, a prenup can address how property will be divided, what counts as marital versus separate property, how debts will be handled, and whether either party will receive spousal support (also known as alimony). You can also use a prenup to clarify expectations for things like who keeps certain items, how you’ll handle large purchases, or how future inheritances will be treated. What a prenup can’t do is dictate child custody or child support. Those issues are always decided by the court based on the best interest of the child at the time of separation or divorce. So even if your prenup says one person will have full custody or that no child support will be paid, that portion won’t be legally enforceable. For a prenuptial agreement to be valid in Michigan, there are a few key rules that must be followed. First, the agreement must be in writing and signed voluntarily by both parties. There should be full financial disclosure from both sides—meaning you each need to be honest about what you own and what you owe. It also helps if each person has their own attorney review the document, even if it’s amicable. That way, it’s harder for one person to later claim they didn’t understand what they were signing. Timing matters, too. If one person presents the prenup just days before the wedding and pressures the other to sign, that could raise red flags. Ideally, this should be something you talk about well in advance, when there’s no time crunch or emotional pressure. The more thoughtful and transparent the process, the stronger your agreement will be if it’s ever needed. People sometimes assume that if they don’t have a prenup, everything will just be split 50/50. That’s not always how it works. Michigan is an equitable distribution state, not a community property state. That means a judge won’t necessarily divide everything equally, but rather in a way that’s considered fair based on the circumstances. That might mean a 60/40 or even 70/30 split depending on income, contributions, length of the marriage, and other factors. If you want more control over how your property would be handled, a prenup is one way to lock in that clarity before the state steps in to decide for you. It’s also worth pointing out that prenups aren’t set in stone forever. You can revise or even cancel the agreement at any time during the marriage, as long as both parties agree. Some couples choose to revisit their prenup after major life events, like starting a business, having kids, or buying property together. Others create a postnuptial agreement after they’re married, which works in a similar way. We get it—no one likes to think about the possibility of divorce when they’re planning a wedding. But the reality is, financial disagreements are one of the top reasons marriages fall apart. Having honest conversations now about finances, responsibilities, and expectations can actually strengthen your relationship. A prenup isn’t a signal of mistrust—it’s a sign of maturity, communication, and planning. At Coppins Law Group, we’ve helped many couples draft fair, legally sound prenuptial agreements that reflect their goals and values. Whether you’re protecting your business, clarifying debt obligations, or just want peace of mind, we can walk you through the process in a way that’s clear, respectful, and focused on your future. If you’re curious whether a prenup makes sense for your relationship, or you just want to understand your options better, reach out to schedule a consultation. We’re here to answer your questions, help you avoid legal pitfalls, and support your goals—before the wedding day and long after. Just a reminder: this article is for informational purposes only and is not legal advice. Everyone’s situation is different. To understand how a prenuptial agreement could apply to you, it's best to speak directly with an experienced attorney.