Child Custody
Custody, parenting time, and support, established and modified under Michigan's best-interest standard, in Wayne County and across Michigan.
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The standard that decides everything: best interests of the child
Michigan custody is not decided by which parent files first or who earns more. It is decided by the best interests of the child, a set of twelve factors written into MCL 722.23. A judge weighs the emotional ties between child and parent, each parent’s ability to provide guidance and meet the child’s needs, the stability and permanence of each home, the child’s record and community ties, and any history of domestic violence, among others. No single factor controls. Presenting your situation clearly against those factors is the heart of a custody case.
Legal custody and physical custody
These are two different things, and they are decided separately:
- Legal custody is the right to make major decisions, schooling, medical care, religious upbringing. It is frequently shared as joint legal custody even when the parents live apart.
- Physical custody is where the child actually lives. It can be sole or joint, and it shapes the parenting-time schedule.
A common arrangement is joint legal custody with one parent having primary physical custody and the other parent having defined parenting time, but the right structure depends entirely on the family.
The established custodial environment
One concept quietly drives many Michigan custody disputes: the established custodial environment, the setting where the child looks for guidance, discipline, and the necessities of life over an appreciable time. Once that environment exists, a court will not disturb it unless there is clear and convincing evidence that a change serves the child’s best interests. That high bar is why getting the initial order right matters so much, and why modifications are harder than parents expect.
Parenting time and support
Parenting time is set to preserve a strong relationship with both parents unless that would endanger the child. Child support is then calculated under the Michigan Child Support Formula, driven mainly by each parent’s income and the number of overnights, with adjustments for health-care and child-care costs. The Friend of the Court office typically helps administer and enforce both.
How we handle it
Custody matters are decided in the Family Division of the Wayne County Circuit Court. We prepare your case around the best-interest factors with the documentation that actually moves a judge, work in English and Arabic, and are honest from the start about what a court is likely to do with your facts, on an initial order or a modification.
This is a focused part of our family law practice. Call (313) 425-5555 to talk through your situation.
Child Custody FAQ
By the best interests of the child. Michigan law (MCL 722.23) lists twelve best-interest factors a judge must weigh, covering things like the emotional ties between child and parent, each parent's capacity to provide, stability of the home, and any history of domestic violence. No single factor decides it; the judge weighs them together.
Legal custody is the authority to make major decisions about the child, schooling, medical care, religion. Physical custody is where the child lives. Either can be sole or joint, and it is common for parents to share joint legal custody while one parent has primary physical custody with parenting time for the other.
Yes, but not easily. To modify custody you generally must first show proper cause or a change of circumstances since the last order, and a change that would alter an established custodial environment requires clear and convincing evidence that it serves the child's best interests. We assess whether your situation meets that bar before filing.
Child support in Michigan is set by the state's Child Support Formula, which is based primarily on each parent's income and the number of overnights each parent has with the child, with adjustments for health care and child-care costs. The Friend of the Court is often involved in calculating and enforcing it.
Family Law Across Metro Detroit
We represent family law clients throughout Wayne County from our Dearborn office.
Visit Our Dearborn Office
We represent child custody clients throughout Wayne County and Metro Detroit from our Dearborn office.
- Address 22226 Garrison St
Dearborn, MI 48124 - Phone (313) 425-5555
- Hours Mon - Fri: 8:30 AM - 4:30 PM
- Languages English & Arabic
Protect your time with your children
Tell us what's happening. We'll explain how Michigan custody law applies to your facts.