Michigan Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an Michigan divorce
How custody is determined §722.23
Courts determine custody based on the best interests of the child, evaluating 12 statutory factors including the love and affection between the child and each parent, each parent's capacity to provide the child with food, clothing, medical care, and love, and the child's established living situation.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §552.519
Michigan uses an income-shares model to calculate child support.
- Based on combined net income of both parents using the Michigan Child Support Formula
- The formula is updated by the State Court Administrative Office; deviation requires written findings
- Health insurance, childcare, and other expenses are factored into the calculation
- Income can be withheld directly from the paying parent's employer §552.604
The parenting plan
Most Michigan courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce §552.14
Courts may issue temporary orders for support, custody, exclusive use of the home, and other relief during the proceedings. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
Custody may be modified upon showing proper cause or a change of circumstances that makes modification in the child's best interests. §722.27
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Related guides
- Based on combined net income of both parents using the Michigan Child Support Formula
- The formula is updated by the State Court Administrative Office; deviation requires written findings
- Health insurance, childcare, and other expenses are factored into the calculation