Does Michigan presume joint custody?

Not automatically, but courts must consider joint custody whenever either parent requests it, and can raise it on their own even if neither parent asks. If both parents agree to joint custody, the court must award it unless it finds, based on clear and convincing evidence, that joint custody isn't in the child's best interest.

What are the 12 best-interest factors?

Michigan Child Custody Act factors under MCL 722.23 include the emotional ties between the child and each parent, each parent's capacity to give the child love and guidance, each parent's capacity to provide food, clothing, and medical care, the length of time the child has lived in a stable environment, the permanence of the proposed custodial home, each parent's moral fitness and mental/physical health, the child's school and community record, the child's reasonable preference if of sufficient age, each parent's willingness to foster the child's relationship with the other parent, and any history of domestic violence, among others.

Does the 100-mile rule always apply?

No. If one parent has sole legal custody, that parent can generally relocate without triggering the rule. The rule specifically protects a parent's ability to maintain a relationship with the child under a shared custody arrangement, so its application depends on how legal custody, not just physical custody, is structured in your order.

Michigan, United States

Michigan Child Custody: A Parent's Guide

How child custody works in Michigan, in plain English: legal vs. physical custody, the 12 best-interest factors, the 100-mile relocation rule, and child support.

Last reviewed: 2026-08-09

In short: Michigan uses standard legal and physical custody terminology, with no statutory presumption favoring joint custody, though courts must consider it whenever either parent requests it. Custody decisions weigh 12 enumerated best-interest factors under the Child Custody Act. A distinctive feature of Michigan law is the 100-mile rule: neither parent can generally move a child's legal residence more than 100 miles from where it was when the custody case was filed without the other parent's consent or a court order.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Michigan family law attorney or your local Friend of the Court office.

What Michigan generally provides

The Michigan Child Custody Act of 1970 (MCL 722.21 et seq.) governs custody decisions. Courts decide based on the best interest of the child, weighing 12 enumerated factors under MCL 722.23, with no statutory presumption favoring either parent or favoring joint over sole custody. Courts must consider joint custody whenever either parent requests it, and if both parents agree to it, the court must award joint custody unless it finds by clear and convincing evidence that it wouldn't serve the child's best interest.

Important terminology

Legal custody: decision-making authority over important matters affecting the child's welfare, education, health care, and religious upbringing.
Physical custody: where the child resides. Joint physical custody means the child resides alternately for specific periods with each parent.
The 12 factors: the enumerated best-interest criteria under MCL 722.23 that courts must weigh in every custody decision.
Change of domicile: Michigan's term for relocating a child's legal residence, governed separately from the general custody standard under MCL 722.31.

How custody works in Michigan

Legal and physical custody

Michigan recognizes both legal custody (decision-making) and physical custody (residence), each of which can be sole or joint. Joint physical custody means the child's time genuinely alternates between both parents' homes for specific periods, while joint legal custody means both parents share decision-making authority regardless of how physical time is split.

The 12 best-interest factors

MCL 722.23 requires courts to weigh factors including the emotional ties between the child and each parent, each parent's capacity to provide love, guidance, and material support, the stability of the child's current environment and the permanence of any proposed new home, each parent's moral fitness and mental and physical health, the child's school and community record, the child's own reasonable preference if old enough, each parent's willingness to foster the child's relationship with the other parent, and any history of domestic violence. No single factor controls, courts weigh all 12 together.

Parenting schedules

With no presumption toward or against an even split, Michigan families use the full range of common patterns, 2-2-3, week on, week off, or a primary-residence model with scheduled parenting time, based on the child's age, school schedule, and the parents' circumstances. See how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child: the 100-mile rule

Michigan's relocation statute, MCL 722.31, is more distinctive than most states' approach: a parent generally can't move a child's legal residence more than 100 miles from where it was at the time the custody action was filed, without the other parent's written consent or a court order. This is measured as a straight-line distance and applies regardless of state lines, a move from Detroit to Toledo (about 60 miles, crossing into Ohio) doesn't trigger the rule, but a move from Detroit to Traverse City (about 250 miles, entirely within Michigan) does. The rule generally applies to both parents under a shared legal custody arrangement; a parent with sole legal custody can typically relocate without triggering it. See moving to another state with shared custody for how notice requirements and relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Michigan uses the Michigan Child Support Formula (MCSF), maintained by the state's Friend of the Court offices and updated periodically (most recently effective 2025). It factors in both parents' incomes, the number of overnights each parent has with the child, and adjustments for circumstances like split custody across multiple children.

Can a custody order be changed later? Yes, generally on a showing of proper cause or a change in circumstances, and that a modification serves the child's best interest.

What if my co-parent won't follow the custody order? You can file a motion with the court, often through your local Friend of the Court office, which handles enforcement of custody and parenting time orders in Michigan. Repeated violations can lead to makeup time or, in serious cases, contempt.

Practical considerations

Because Michigan's 100-mile rule turns on how legal custody, not just physical time, is structured in your order, it's worth understanding exactly what your order specifies before assuming you're free to relocate, or restricted from doing so. Whatever the arrangement ends up being, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Michigan resources

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FAQ

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This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.