Definitions of Custody
Judges can order different custody arrangements. Parents can agree to a custody arrangement and judges
will usually sign the court order for the arrangements as long as they believe the agreement is in the best
interests of the child. The following are descriptions of various custody arrangements.
SOLE CUSTODY: There is no legal definition for sole custody. For the purpose of the Michigan Custody
Guideline, sole custody occurs when primary physical custody and legal custody are given to one parent.
Physical custody is when a parent provides most of the day to day care for the child. Legal custody is
when a parent has the responsibility of making all major decisions regarding the child’s upbringing (such
as medical treatment, school enrollment, religious instruction, and participation in extracurricular activi-
ties). If the judge believes the parents cannot work together for the benefit of their child, sole custody is
usually awarded to one parent. The other parent may be given parenting time, as determined by the
court. If parenting time is ordered, the non-custodial parent is responsible for making routine and emer-
gency decisions for the child during parenting time.
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JOINT CUSTODY: At the request of either parent, the court must consider ordering joint custody. If the
parents agree on joint custody, the court must order it unless the court determines that joint custody is
not in the best interests of the child. When deciding, judges must state on the record their reasons for
granting or denying the request. Judges may consider joint custody without a parent’s request. In addi-
tion to the normal factors considered when deciding custody, with joint custody judges must also consider
whether the parents will be able to cooperate and generally agree concerning important decisions affect-
ing the welfare of the child.
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The statute defines joint custody in a way which provides for joint legal
custody, joint physical custody, or a combination of joint legal and joint physical custody.
THE FOLLOWING ARE 2 TYPES OF JOINT CUSTODY:
JOINT LEGAL CUSTODY: Joint legal custody means that parents share decision-making authority as to
the important decisions affecting the welfare of the child.
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Joint custody does not depend on the amount
of time the child is with each parent.
1 In particular, the Child Custody Act, MCL 722.27a(9) gives a parent exercising parenting time the right and duty to decide all routine matters concerning
the child. Joint custody is defined in the Child Custody Act, MCL 722.26a(7). All custody is slightly impacted by provisions on parenting time
(Child Custody Act, MCL 722.27a). There have been major court decisions that have impacted what major decisions are and the difference between joint legal
and physical custody Lombardo v. Lombardo, 202 Mich App 151, 507 NW2d 788 (1993), Fisher v. Fisher, 118 Mich App 227, 324 NW2d 582 (1982),
Nielsen v. Nielsen, 163 Mich App 430, 415 NW2d 6 (1987), Arndt v. Kasem, 156 Mich App 706, 402 NW2d 77 (1986) Wellman v. Wellman, 203 Mich App 277,
512 NW2d 68 (1994), and Duperon v. Duperon, 175 Mich App 77, 437 NW2d 318 (1989).
2 Child Custody Act, MCL 722.26a(1)(b)
3 Child Custody Act, MCL 722.26a(7)(b)
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Introduction
The Custody Guideline contains information addressing many of the issues associated with establishing
and modifying custody. It also provides information relevant to the most common custody arrangements.
Although the Custody Guideline provides information on numerous subjects, the reader is reminded that
the information presented is not a listing of all the subjects and issues relevant to custody.
Child custody is a term that refers to rights and responsibilities for each parent and child. Custody is not
a term used to indicate ownership, but rather a determination of the time a child is going to be with each
parent and each parent’s responsibility to make decisions on behalf of the child. Custody can be modified
to accommodate significant changes in the lives of the children or the parents involved. The judge
attempts to structure custody to promote a strong relationship between children and their parents. The
only time this is not true is when the judge determines that custody with a particular individual would
endanger the child’s physical, mental, or emotional health.
In custody matters judges are asked to decide who will make decisions for a child and when a child is
going to be with each parent. If parents in custody cases have not reached an agreement, the judge is
asked to determine when a child is going to be with each parent. However, parents in custody cases who
decide to work together can decide the custody agreement with the help of their attorneys, the help of the
friend of the court office, and/or the process of mediation. Parents can, on their own, also work through
the court system to obtain or modify custody by filing the proper paperwork.
There are several custody arrangements that can be agreed upon by parents or ordered by the judge.
However, in custody disputes parents must be advised of joint custody. At the request of a parent the
judge must consider awarding joint custody and must state during a hearing the reasons for granting or
denying the request. The judge must decide if joint custody is in the best interests of the child. The
judge could award joint custody and equally divide the time the child spends with each parent. However,
the judge could also award joint custody and not equally divide the time the child spends with each par-
ent. For example, the judge could award joint custody, with one parent having physical custody during
the school year and the other parent having physical custody during the summer vacation period.
NOTES TO THE READER: This document (with the exception of the Factors of the Child Custody Act) uses the term, “parent.” At times some-
one other than a parent will be involved in a custody dispute. Many concepts, aspects, and laws apply the same to third persons as they would
to parents, but there are also some differences. Information regarding third persons having custody are explained later in this document.
“Judge” will be used throughout this document. Judges make decisions about custody, parenting time, and child support. When judges make
decisions, the decisions are written down and signed by the judges. These are called court orders. Many publications use the term court instead
of judge. This is done because courts are the institutions that interpret and enforce laws, and judges are the persons who have the responisbiliy
to make court orders. There is also a person called a “domestic relations referee.” This person makes recommendations for an order about cus-
tody, parenting time, and child support. That recommendation becomes an order of the court when approved by a judge. There are other
important differences between a domestic relations referees, friend of the court employees, and judges. Those differences are explained later in
this document.
Throughout this document there are references to the laws. When someone is citing a law, that person tells where the law can be found (called a
citation). For example, the citation for the Child Custody Act is MCL 722.21. The MCLs are where all the laws for the state of Michigan can be
found. The citation for rules about transferring cases is MCR 3.212. MCR stands for Michigan Court Rules. The MCRs are where all the rules for
Michigan courts can be found. In this document the Michigan Court Rules will be referred to as MCR.