Child Custody in Michigan: The Best-Interest Factors, Joint Custody, Parenting Time and the 100-Mile Rule
Michigan family law · Last reviewed October 23, 2026
Michigan decides custody under the Child Custody Act of 1970, MCL 722.21 to 722.31. The court decides legal custody (who makes the important decisions), physical custody (where the child lives) and parenting time, all by the child's best interests. Michigan has no presumption of 50/50 custody, but it does presume that a child benefits from a strong relationship with both parents.
The twelve best-interest factors
MCL 722.23 defines "best interests of the child" as "the sum total" of twelve factors the court must consider, evaluate and determine:
| Factor | |
|---|---|
| (a) | The love, affection and other emotional ties between the parties and the child |
| (b) | Each party's capacity and disposition to give love, affection and guidance, and to continue the child's education and religion, if any |
| (c) | Each party's capacity and disposition to provide food, clothing, medical care and other material needs |
| (d) | How long the child has lived in a stable, satisfactory environment, and the desirability of continuity |
| (e) | The permanence, as a family unit, of the existing or proposed custodial home |
| (f) | The moral fitness of the parties |
| (g) | Their mental and physical health |
| (h) | The child's home, school and community record |
| (i) | The child's reasonable preference, if the court considers the child old enough to express one |
| (j) | Each party's willingness and ability to encourage a close relationship between the child and the other parent |
| (k) | Domestic violence, "regardless of whether the violence was directed against or witnessed by the child" |
| (l) | Any other factor the court considers relevant |
Factor (j) has a protection built in: "A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child's other parent."
Does the child choose?
No. Michigan sets no age at which a child decides. The child's "reasonable preference" counts only "if the court considers the child to be of sufficient age to express preference," and it is one factor of twelve. Claims online that a child chooses at 12 or 14 aren't Michigan law.
The judge may interview the child privately to decide whether the child is old enough to express a preference and, if so, what it is; what the judge learns is used only for that factor (MCR 3.210(C)(5)).
Joint custody
Michigan's joint custody statute, MCL 722.26a, works like this:
- "In custody disputes between parents, the parents shall be advised of joint custody." If either parent asks, the court must consider it and state its reasons on the record.
- The court weighs the twelve factors plus "Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child."
- If the parents agree on joint custody, "the court shall award joint custody unless the court determines on the record, based upon clear and convincing evidence, that joint custody is not in the best interests of the child."
- Joint custody can mean alternating residence, shared decision-making, or both. It doesn't mean equal time, and it doesn't end child support: "Joint custody shall not eliminate the responsibility for child support."
The established custodial environment
This is the concept that most shapes contested Michigan custody cases. A child has an established custodial environment with a parent "if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort" (MCL 722.27(1)(c)).
Once it exists, it is hard to change. The court "shall not modify or amend its previous judgments or orders or issue a new order so as to change the established custodial environment of a child unless there is presented clear and convincing evidence that it is in the best interest of the child." That applies to temporary orders during the divorce too, and since September 1, 2025 the court rules spell out the procedure (Michigan Supreme Court, ADM File 2021-27):
- Ex parte orders. A request for an emergency custody or parenting time order must state whether the child has an established custodial environment and with whom. "The court must not issue an order that could alter a child’s established custodial environment without also scheduling an evidentiary hearing under MCL 722.27," held within 21 days after the ex parte order (MCR 3.207(B)).
- Contested orders. The court may not enter an order resolving a contested custody, parenting time or domicile matter that changes the established custodial environment "without first holding an evidentiary hearing to determine whether clear and convincing evidence exists to support the order." A contested custody hearing must be held within 56 days, and the court must decide within 28 days after it (MCR 3.210(C)).
Parenting time
MCL 722.27a starts from a presumption: "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."
- Agreed schedules stand. If the parents agree on parenting time terms, the court orders them "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 high bar to deny it. "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."
- Sexual assault. The court may not grant parenting time to a parent convicted of criminal sexual conduct that resulted in the child's conception, or convicted of such conduct against the child, except as the statute allows.
Domestic violence
Domestic violence is factor (k) in every custody decision and a relocation factor too, and it counts whether or not it was aimed at, or seen by, the child. A parent who needs to flee domestic violence may move with the child to a safe location before the court rules on a residence change (MCL 722.31(6)). A personal protection order can be sought on its own, at any time, whether or not a divorce is pending. See the overview.
Moving with a child: the 100-mile rule
A parent whose child's custody is governed by a court order "shall not change a legal residence of the child to a location that is more than 100 miles from the child's legal residence at the time of the commencement of the action" (MCL 722.31(1)), unless the other parent consents or the court permits it. The rule doesn't apply if one parent has sole legal custody, if the two homes were already more than 100 miles apart when the case started, or if the move brings the homes closer together.
Before allowing a move, the court considers, "with the child as the primary focus":
- whether the move can improve the quality of life for both the child and the relocating parent;
- how each parent has used court-ordered parenting time, and whether the move is meant to defeat it;
- whether parenting time can be rearranged to preserve each relationship, and whether each parent will comply;
- whether the parent opposing the move is motivated by a support advantage; and
- domestic violence.
Moving the child out of Michigan is a separate question. Every judgment awarding custody must provide that "the domicile or residence of the minor may not be moved from Michigan without the approval of the judge who awarded custody or the judge's successor," and that the custodial parent must promptly tell the Friend of the Court in writing about any new address (MCR 3.211(C)). That applies even to a short move across the state line, and even with sole legal custody.
Who investigates: the Friend of the Court
Each circuit court has a Friend of the Court office that can investigate custody and parenting time and write a report and recommendation, which "shall be based upon the factors enumerated in the child custody act of 1970" (MCL 552.505). If the Friend of the Court has submitted a report, the court must let the parties review it and file objections before deciding (MCR 3.210(C)(6)).
The court may also use a guardian ad litem or other professionals (MCL 722.27(1)(d)), and may appoint a lawyer-guardian ad litem for the child "If, at any time in the proceeding, the court determines that the child's best interests are inadequately represented" (MCL 722.24(2)).
Military parents
If a custody change is sought while a parent is deployed, the court must entertain a stay, can enter only a temporary order on clear and convincing evidence, and must reinstate the prior order when the deployment ends. A parent's absence because of deployment can't be held against the parent in the best-interest analysis (MCL 722.27(3)–(4)).
Changing custody later
The court can modify a custody order "for proper cause shown or because of change of circumstances," and if the change would alter the established custodial environment, only on clear and convincing evidence that it serves the child's best interest (MCL 722.27(1)(c)).
Frequently asked questions
Is Michigan a 50/50 custody state?
No. There's no presumption of equal time. Michigan presumes a strong relationship with both parents is good for a child, and if parents agree on joint custody the court must award it unless there's clear and convincing evidence against it.
At what age can a child choose which parent to live with in Michigan?
There's no set age. A child's reasonable preference is one of twelve factors, considered only if the court finds the child old enough to express one.
What is an established custodial environment?
A relationship in which, over an appreciable time, the child naturally looks to a parent for guidance, discipline, the necessities of life and comfort. Changing it requires clear and convincing evidence that the change is in the child's best interest.
What is the 100-mile rule in Michigan?
A parent can't move a child's legal residence more than 100 miles from where it was when the case began without the other parent's consent or court permission, unless that parent has sole legal custody or the homes were already more than 100 miles apart.
Does joint custody mean no child support in Michigan?
No. "Joint custody shall not eliminate the responsibility for child support." Support is still calculated under the Michigan Child Support Formula.
Can a parent be denied parenting time in Michigan?
Only if it's shown by clear and convincing evidence that parenting time would endanger the child's physical, mental or emotional health, or under the statute's sexual-assault provisions.