Understanding How Child Custody Is Decided in Michigan

May 14, 2025

If you're going through a separation or divorce in Michigan and have children, custody decisions are likely one of your biggest concerns. Who will the child live with? How much time will each parent get? What rights do both parents have? These are questions that come up in nearly every case involving minor children.



This informational guide will walk you through how child custody is typically decided in Michigan so you can understand what to expect and how the process generally works.


The Basics: Two Types of Custody

Michigan law divides custody into two categories:


Legal custody refers to the right to make major decisions about the child's life. This includes education, medical care, and religious upbringing.

Physical custody refers to where the child lives on a daily basis and who is responsible for day-to-day care.


Each type of custody can be awarded to one parent (sole custody) or shared between both parents (joint custody). Courts in Michigan often consider joint legal custody unless there are clear reasons that might make this arrangement unsuitable.


Best Interest of the Child Standard

The most important factor in any custody case is what the court calls the best interest of the child. Michigan courts follow 12 specific factors outlined in Michigan Compiled Laws Section 722.23 to evaluate what arrangement might support the child's welfare and development. These factors include:


Factor A: The love, affection, and emotional ties between the child and each parent


Factor B: The ability of each parent to provide the child with love, affection, guidance, and to continue education and religious upbringing


Factor C: The capacity to provide the child with food, clothing, medical care, and other material needs


Factor D: The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity


Factor E: The permanence of the proposed custodial home as a family unit


Factor F: The moral fitness of each parent


Factor G: The mental and physical health of each parent


Factor H: The child's home, school, and community record


Factor I: The child's reasonable preference, if the court considers the child to be of sufficient age to express preference


Factor J: The willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent


Factor K: Any history of domestic violence, regardless of whether it was directed at or witnessed by the child


Factor L: Any other relevant factors specific to the particular custody dispute


The judge examines all of these details and makes a decision based on what appears to serve the child's needs and welfare.


How Courts Typically Approach Decisions

There is no one-size-fits-all custody plan. Some families end up with equal parenting time, while others may have one parent with primary custody and the other with a scheduled parenting time arrangement. Courts will typically examine each parent's history of caregiving, living arrangements, job schedules, and communication abilities to determine what might work best for the child.


Joint legal custody is commonly considered in Michigan cases. Joint physical custody may also be evaluated, particularly when both parents live reasonably close to each other and have demonstrated an ability to co-parent effectively.


When Parents Agree

If both parents agree on custody and parenting time, the court will usually approve the agreement unless it appears to go against the child's best interest. This approach may save time, stress, and legal expenses.


Agreements are typically detailed and in writing, outlining where the child will live, a schedule for parenting time, and how decisions will be made about school, health care, and other major issues.


When Parents Do Not Agree

When parents disagree on custody, the case may go to mediation first. Mediation provides both sides an opportunity to reach an agreement with the help of a neutral third party.


If mediation is unsuccessful, the court will schedule a hearing. Each side presents evidence and testimony, and the judge makes a decision. The court may also appoint a guardian ad litem or a custody evaluator to investigate and report on the child's best interests.


Parenting Time in Michigan

Michigan law encourages frequent and continuing contact with both parents when it appears to be in the child's best interest. Parenting time (sometimes called visitation) is usually part of every custody order.


Standard parenting time arrangements may include:

  • Alternating weekends
  • Weekday evening visits
  • Alternating holidays
  • Extended summer breaks


Courts may also order supervised parenting time in cases involving safety concerns.


Can a Child Choose Which Parent to Live With?

In Michigan, a child does not have the legal authority to choose which parent to live with. However, a judge may consider the child's preference depending on the child's age, maturity, and reasoning ability.


The preference is just one of the 12 factors courts consider. The court will not typically base its decision on the child's choice alone.


What Happens if a Parent Wants to Move?

If a parent wants to move more than 100 miles away or out of state with the child, they must either get permission from the other parent or seek court approval. This is called a change of domicile.


The court will typically consider:

  • The reason for the move
  • Whether the move will improve the quality of life for the child and the moving parent
  • The impact on the child's relationship with the other parent
  • Whether parenting time can still be preserved


Relocation cases are often complex and generally require court approval, even if one parent has primary custody.


Modifying a Custody Order

Life changes. Job schedules shift, children grow, and new challenges arise. Either parent may ask the court to modify an existing custody or parenting time order, but they must typically show:

  • A material change in circumstances has occurred
  • The change affects the best interest of the child


Examples might include a parent moving, changes in the child's academic or health needs, or concerns about safety.


Working with a Family Law Attorney for Child Custody

While it is possible to represent yourself, working with a family law attorney in Michigan may provide significant advantages. At Coppins Law Group, PLLC, the firm understands custody laws, knows how local courts approach these cases, and may help clients present their case clearly and effectively.


An experienced child custody lawyer may:

  • Prepare and file court documents correctly
  • Represent clients in mediation or court hearings
  • Help build a case focused on the child's best interest
  • Advocate for fair and realistic parenting plans


Understanding the Process

Custody decisions have a long-term impact on your child's life and your rights as a parent. Understanding how child custody is typically decided in Michigan may help you make informed choices and avoid common pitfalls.


If you're going through a custody case or have questions about parenting time, legal custody, or modifications, the attorneys at Coppins Law Group, PLLC, are available to discuss your situation. Contact them today to schedule a consultation.


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.