The law in plain words
Under MCL 722.23, a child's best interests are "the sum total" of 12 factors. A judge weighs each one, and the child's interests control.
Legal and physical custody
Michigan splits custody into two parts.
- Legal custody covers major decisions: medical care, school, religion and activities.
- Physical custody is who provides most of the day-to-day care.
Each can be joint or held by one parent. Joint legal custody does not depend on how much time the child spends in each home.
"Sole custody" has no legal definition in Michigan, and "full custody" is not a legal term either. People usually mean sole legal and sole physical custody.
Whichever parent has the child decides routine matters during that time.
A parent without custody still has access to school and medical records. A protective order can limit that.
Is Michigan a 50/50 state?
No. Michigan has no presumption of equal time.
If either parent asks for joint custody, the judge must consider it. The judge must state the reasons for the decision on the record.
If both parents agree on joint custody, the judge must award it. The exception is clear and convincing evidence that it is not in the child's best interests.
For parenting time, the law presumes a strong relationship with both parents is best. That is about contact, not an equal split.
House Bill 5211 would add an equal parenting time presumption. It cleared the House Judiciary Committee in June 2026 but is not law.
The 12 best-interest factors
Section 722.23 lists 12 factors, labeled (a) to (l). In plain words:
- the love and emotional ties between each parent and the child
- each parent's ability to give love, guidance and education, and to continue any religion
- each parent's ability to provide food, clothing, medical care and other needs
- how long the child has lived somewhere stable, and the value of continuity
- how permanent each proposed home is as a family unit
- each parent's moral fitness
- each parent's mental and physical health
- the child's record at home, school and in the community
- the child's reasonable preference, if old enough
- each parent's willingness to support the child's relationship with the other parent
- domestic violence, whether or not the child saw it
- any other factor the judge finds relevant
Under the tenth factor, reasonable steps to protect yourself or the child from abuse cannot count against you.
The established custodial environment
This is the single biggest idea in Michigan custody. An established custodial environment exists where the child naturally looks to a parent for guidance, discipline, necessities and comfort.
A child can have one with one parent, both parents or neither. A judge cannot change it without clear and convincing evidence that the change is best.
That is a high bar. Where no settled home exists, the lower "more likely than not" standard applies.
When a change to the settled home is contested, the hearing generally must be held within 56 days. The decision usually follows within 28 days.
Your child's preference
Michigan sets no age at which a child chooses. The judge decides whether the child is old enough to state a preference.
The judge may interview the child privately. What the child says may only be used for the preference factor.
A child's wish to move homes is not enough, on its own, to reopen a custody order.
The Friend of the Court
Every circuit court has a Friend of the Court office. In most custody cases it plays three roles.
- It informs. It tells parents about joint custody and about dispute resolution.
- It investigates. When ordered, it looks into custody and parenting time and writes a recommendation.
- It mediates. It must offer dispute resolution for custody and parenting time disputes.
A referee may hear your case first. If you disagree with the recommended order, you have 21 days after service to object.
Mothers' and fathers' rights
Between two parents, the child's best interests control. Section 722.25 sets no preference for mothers or fathers.
Against a grandparent or other third party, the law presumes custody should go to a parent. The third party needs clear and convincing evidence to overcome that.
If you were never married
A father becomes the legal parent by signing an Acknowledgment of Parentage with the mother. It must be notarized or properly witnessed.
Once it is filed, the mother has initial custody until a court orders otherwise. That gives her no advantage in a later custody case.
Without an acknowledgment, paternity is set in a Paternity Act case. You file in the county where the mother or child lives, before the child turns 18.
Revoking an acknowledgment takes a court case. It must be filed within three years of the birth or one year after signing, whichever is later. The person must prove a legal ground, such as fraud, duress or a mistake of fact.
Michigan Legal Help has a free do-it-yourself custody tool for unmarried parents.
Domestic violence
Domestic violence is its own factor, even if the child never saw it.
- A stay in a domestic violence shelter is not evidence of hiding the child.
- The judge can order supervised parenting time, a bond or other safety terms.
- With a personal protection order in place, mediation needs a hearing first unless the protected party asks for it.
- While a move request is pending, a parent may move the child to a safe place to escape violence.
A parent convicted of sexual assault that led to the child's conception cannot get custody or parenting time. There are narrow exceptions.
Emergency custody orders
An emergency order made without notice to the other parent is called an ex parte order. Under Michigan Court Rule 3.207, it needs a sworn statement of specific facts.
Those facts must show irreparable harm from waiting, or that notice itself would provoke harm. Since September 1, 2025, the request must also address the child's established custodial environment.
- File form FOC 137 with the proposed order, FOC 138. The motion fee is $20.
- Serve the other parent and the Friend of the Court within three days.
- Hearing: if the order could change the settled home, a hearing is set within 21 days.
The other parent has 14 days after service to object on form FOC 61. With no objection, the order becomes a temporary order.
Moving: the 100-mile rule
Under MCL 722.31, a parent cannot move the child's home more than 100 miles without consent or court approval. The distance is measured from the child's home when the case was filed.
The rule does not apply in four situations:
- one parent has sole legal custody
- the other parent consents
- the homes were already over 100 miles apart when the case began
- the move brings the two homes closer together
The judge weighs five factors, with the child as the main focus. They include quality of life, any intent to defeat parenting time, and domestic violence.
Any move out of Michigan needs the judge's approval. The court forms are FOC 115 for the motion and FOC 116 for a response.
Changing a custody order
You can ask to change custody for proper cause or a change of circumstances. If the change would disturb the child's settled home, you need clear and convincing evidence.
The judge may first ask for an "offer of proof." That is a summary of your evidence, used to decide whether a full hearing is needed.
The forms are FOC 87 for the motion and FOC 88 for a response, and the motion fee is $20. Even a change both parents agree on needs a new signed order.
A military deployment cannot be held against a parent.
How to file for custody in Michigan
File in the Family Division of the circuit court in the county where the child lives. Michigan can usually make the first order if the child has lived there for the past six months.
Unmarried parents must establish paternity first.
- Prepare the complaint. The state has no fill-in custody complaint form, so many parents use the Michigan Legal Help tool.
- Add the required papers: the custody jurisdiction affidavit, MC 416, and the Verified Statement, FOC 23.
- Serve the other parent. They have 21 days to answer, or 28 days if served out of state or by mail.
- Mediate if referred. You have 14 days to object to a mediation referral.
How much does it cost to file for custody in Michigan?
A new custody case costs $150 to file, plus an $80 custody fee, so $230 in all. An e-filing system fee may also apply.
A motion, such as an emergency request or a change of custody, costs $20. The Friend of the Court charges $3.50 a month once a case is open.
To ask for a waiver, use form MC 20, the Fee Waiver Request. The clerk must waive fees if you receive SNAP, Medicaid, FIP or SSI.
Otherwise, a judge must waive them if your household income is under 125% of the federal poverty guidelines.
What changed in 2025 and 2026
The custody statute itself has not changed in years. The changes are in court rules and forms.
- April 2, 2025: the parentage laws were updated, including for assisted reproduction.
- September 1, 2025: emergency custody requests must address the child's settled home, with a hearing within 21 days.
- April 2026: new emergency custody forms, FOC 137 and FOC 138, replaced the old ones.
- Pending: House Bill 5211, an equal parenting time presumption, and a proposed rule on abusive-relationship cases.
Building the record
Michigan's settled-home test asks who the child looks to for guidance, discipline and comfort. That is shown by daily care, not by claims.
Note each school run, each doctor visit and each exchange as it happens. Casewell keeps those notes and the files behind them together, so a lawyer can read a clear timeline.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Michigan factor-by-factor record
Michigan judges must address each of the 12 factors. Keep these items current so your facts line up with them.
Keep the record Michigan's factors ask for
Casewell keeps dated entries on daily care, school contact and exchanges in one private place, with the messages behind them. Export the period a lawyer needs as a focused PDF.
What are father's rights in Michigan?
The same as a mother's. Section 722.25 sets no gender preference. An unmarried father first needs an Acknowledgment of Parentage or a paternity order.
Is Michigan a 50/50 state for child custody?
No. Michigan has no equal-time presumption. A judge must consider joint custody if either parent asks, and must award it if both agree, barring strong evidence against it.
What are the 12 best interest factors in Michigan?
They are listed in MCL 722.23, from (a) to (l). They cover emotional ties, parenting ability, stability, health, the child's preference, support for the other parent and domestic violence.
How do I get full custody in Michigan?
Ask for sole legal and physical custody in your complaint. The judge decides on the 12 factors. Changing a settled home takes clear and convincing evidence.
How much does it cost to file for custody in Michigan?
$150 plus an $80 custody fee, so $230. Motions cost $20. Form MC 20 asks the court to waive fees if you cannot pay.
How do I get an emergency custody order in Michigan?
File an ex parte motion with a sworn statement, form FOC 137, showing irreparable harm from waiting. The other parent can object within 14 days.
Sources
This page summarizes the Michigan Child Custody Act, the parentage acts, the Michigan Court Rules and court fee schedules as of October 2026. It explains the law in general terms and is not legal advice.
- MCL 722.23 โ the 12 best-interest factors checked
- MCL 722.26a โ joint custody checked
- MCL 722.27 โ custody orders and the established custodial environment checked
- MCL 722.31 โ the 100-mile rule checked
- MCL 722.1006 โ custody after an acknowledgment of parentage checked
- Michigan Court Rules, including MCR 3.207 ex parte orders checked
- Michigan Courts โ Friend of the Court forms checked
- Michigan Legal Help โ custody and parenting time checked