Michigan Child Custody Guide: What to Expect in Your Case

May 7, 2025

Understanding Michigan child custody law can be helpful when facing separation or divorce with children involved. The legal process can feel overwhelming, particularly when emotions run high and the outcome directly impacts your relationship with your children. This informational guide explains what one might expect in a Michigan child custody case, including legal definitions, court decision-making processes, and how family law attorneys may assist in protecting parental rights.


Understanding Child Custody Types in Michigan

Michigan law recognizes two distinct categories of child custody, each serving different purposes in your family's legal arrangement.


Legal Custody in Michigan

Legal custody grants the authority to make significant decisions regarding your child's welfare, including education, healthcare, religious upbringing, and general well-being. Michigan courts can award legal custody in different ways:


Sole Legal Custody: One parent receives exclusive decision-making authority for all major choices affecting the child's life. Granting sole legal custody to a party is not very common, however there are facts and circumstances sufficient to do so.


Joint Legal Custody: Both parents share responsibility for major decisions affecting their child. Unlike parenting time, which defines the frequency and duration each parent spends with a child, legal custody describes decision making authority. Courts examine whether parents can work together constructively before awarding joint legal custody.


Physical Custody and Parenting Time in Michigan

In Michigan, physical custody is typically referred to as "parenting time." Parenting time shall be granted in accordance with the best interests of the child. It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents.


Primary Physical Custody: The child primarily resides with one parent, while the other parent receives parenting time. The custodial parent handles day-to-day care responsibilities and decisions.


Shared Physical Custody: The child spends substantial time with both parents. Parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.


How Michigan Courts Determine Child Custody

Michigan law provides a clear framework for custody decisions through the 12 best interest factors outlined in Michigan Compiled Laws Section 722.23. These factors guide all custody determinations and ensure decisions serve the child's welfare.


The 12 Best Interest Factors in Michigan

Michigan courts must consider each of these factors when making custody decisions:


Factor A: Love, Affection, and Emotional Ties: The court evaluates the emotional bond between each parent and the child, examining who the child turns to for comfort and support.


Factor B: Capacity to Provide Love, Affection, and Guidance: This assesses each parent's ability to nurture the child and continue their education and religious upbringing if applicable.


Factor C: Capacity to Provide Material Needs: Courts examine each parent's ability to provide food, clothing, medical care, and other essential needs.


Factor D: Length of Time in Stable Environment: The court considers how long the child has lived in a stable, satisfactory environment and the importance of maintaining continuity.


Factor E: Permanence as a Family Unit: This factor focuses on the stability of the proposed custodial arrangements and the permanence of the family environment.


Factor F: Moral Fitness: Courts evaluate each parent's moral fitness as it relates to their ability to function as a parent, not as a judgment of overall moral character.


Factor G: Mental and Physical Health: The physical and mental health of both parents is considered, focusing on how it affects their parenting ability.


Factor H: Home, School, and Community Record: The child's performance and adjustment in their current environment is evaluated.


Factor I: Child's Reasonable Preference: If the court considers the child to be of sufficient age to express preference, their wishes will be considered. In Michigan, kids age 17 or older can decide which parent to live with, while kids as young as 9 could be asked to voice their preference.


Factor J: Willingness to Facilitate Parent-Child Relationship: A court is required to consider each factor and make findings on the record and factor j is the most important best interest factor. Courts examine whether each parent will encourage the child's relationship with the other parent.


Factor K: Domestic Violence: Any history of domestic violence is carefully considered, regardless of whether the violence was directed against or witnessed by the child.


Factor L: Any Other Relevant Factor: Courts may consider additional factors relevant to the specific custody dispute.


Mediation and Parenting Plans in Michigan

Michigan courts encourage parents to work together to develop parenting time arrangements that serve their child's best interests. If the parents of a child agree on parenting time terms, the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child.


A comprehensive parenting plan typically addresses:

  • Weekly residential schedules and transitions
  • Holiday and vacation arrangements
  • School and extracurricular activity coordination
  • Healthcare decision-making protocols
  • Transportation and exchange procedures
  • Communication methods between parents


When parents reach an agreement through mediation or negotiation, courts typically approve the plan unless it clearly conflicts with the child's best interests.


Emergency and Temporary Custody Orders

Emergency Custody Protection

When a child faces immediate danger, parents may need emergency intervention. A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health.


Emergency situations may include:

  • Domestic violence incidents
  • Substance abuse affecting child safety
  • Physical or emotional neglect
  • Credible threats to the child's welfare


Temporary Custody During Proceedings

While custody cases proceed, courts can issue temporary orders that establish structure and stability for the child. These temporary arrangements often influence final custody decisions, particularly when one arrangement proves beneficial for the child.


Modifying Existing Custody Orders

Michigan law allows for custody modifications when circumstances change significantly. Courts must determine whether there has been a material change in circumstances that affects the child's best interests.


Grounds for Custody Modification

Courts may approve custody modifications when substantial changes occur:

  • Parental relocation affecting parenting time schedules
  • Changes in the child's educational or medical needs
  • Alterations in parental work schedules or financial circumstances
  • Concerns about a parent's fitness or new living situation
  • Evidence of parental alienation or interference with custody


The requesting party must demonstrate both a material change in circumstances and that the proposed modification serves the child's best interests.


Child Preference in Custody Decisions

Michigan law specifically addresses children's preferences in custody decisions. The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference, is one of the 12 statutory factors.


Courts consider:

  • The child's age and maturity level
  • The reasoning behind their preference
  • Whether the preference results from parental manipulation or pressure
  • The child's understanding of the custody implications


The preference of the child will not be shared with anyone, including lawyers, parents, or siblings when the court conducts private interviews.


Parenting Time Rights in Michigan

Michigan law presumes that children benefit from strong relationships with both parents. Parenting time shall be granted in accordance with the best interests of the child, and courts encourage frequent and meaningful contact unless safety concerns require restrictions.


Standard Parenting Time Arrangements

Typical parenting time schedules may include:

  • Alternating weekends with the non-custodial parent
  • Weekday evening visits
  • Rotating holiday arrangements
  • Extended summer vacation periods
  • Special arrangements for birthdays and important events


Supervised Parenting Time

In cases involving safety concerns, courts may order supervised parenting time. This allows the parent and child to maintain their relationship while ensuring the child's protection during visits.


Relocation with Children

Parents cannot simply move away with their children without legal approval when it affects the other parent's parenting time. Michigan courts carefully evaluate relocation requests using the best interest factors.


When a parent wishes to relocate, they must:

  • Provide formal notice to the court and other parent
  • Attend a court hearing to justify the relocation
  • Demonstrate that the move serves the child's best interests
  • Propose alternative parenting time arrangements if approved


Why Professional Legal Representation Matters

Navigating Michigan custody law without experienced legal guidance may create challenges for your family. Family law attorneys understand how courts apply the 12 best interest factors and may help build compelling arguments supported by legal precedent and factual evidence.


At Coppins Law Group, PLLC, attorney Shawn Coppins brings extensive litigation experience to family law cases throughout Michigan. The firm represents clients in divorce and child custody cases, as well as other family law matters, with a commitment to:

  • Protecting your fundamental parental rights
  • Speaking to you in plain English, not legalese
  • Taking actions that are truly in your best interest
  • Providing accessible, down-to-earth legal counsel
  • Ensuring you can talk to your attorney when needed


Common Custody Case Mistakes to Avoid

Protecting your standing with the court requires avoiding these critical errors:


Speaking Negatively About the Other Parent: Disparaging your co-parent in front of your child can damage your custody case and harm your child's emotional well-being.


Interfering with Parenting Time: Denying the other parent their court-ordered time can result in contempt charges and custody modifications.

Failing to Document Communications: Keep records of all parenting-related communications, schedule changes, and parenting time exchanges.


Ignoring Existing Court Orders: Following current custody orders demonstrates respect for the legal process and protects your credibility with the court.


Poor Performance on Best Interest Factors: Understanding how your actions relate to Michigan's 12 factors helps you make decisions that support your custody case.


Moving Forward with Confidence

Child custody cases create stress and uncertainty, but understanding the process may help. Learning about Michigan's 12 best interest factors and what one might expect in a custody case can help in making informed decisions regarding parental rights.


Whether you are beginning the custody process or need assistance modifying an existing order, experienced legal representation can make a significant difference in your case outcome.


If you are facing a custody case in Michigan, contact Coppins Law Group, PLLC today to schedule a free initial consultation. Let the experienced team help you navigate this process with clarity and confidence while protecting what matters most: your relationship with your child.


Disclaimer: This article provides general information about Michigan child custody law and is not intended as legal advice. Every custody case involves unique circumstances that require individual legal analysis. The information contained in this guide should not be used as a substitute for professional legal counsel. For advice specific to your situation, please consult with a qualified family law attorney.

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.