Child Custody Laws in Michigan

Custody is decided by the best interests of the child, which is the sum of these statutory factors: emotional ties; each party's capacity to give love, guidance and education and to provide food, clothing, medical care and other needs; how long the child has lived in a stable home and the value of continuity; the permanence of the custodial home; moral fitness; mental and physical health; the child's home, school and community record; the child's reasonable preference, if the court considers the child old enough to express one; each party's willingness to encourage a close relationship with the other parent; domestic violence; and any other relevant factor. Parents must be told about joint custody, and the court must consider it if either parent asks. If parents agree on joint custody, the court must award it unless clear and convincing evidence shows it is not in the child's best interests. No specific age is set for the child's preference.

Before a temporary order is entered, the court can issue an ex parte order (without first hearing the other side) if specific facts in an affidavit or verified pleading show that irreparable injury, loss or damage will result from the delay needed to give notice, or that notice itself will cause harmful action. A request for ex parte custody or parenting time must describe the child's established custodial environment and show either that the order will not change it or that clear and convincing evidence shows a change is in the child's best interest. If the order could change the established custodial environment, the court must schedule an evidentiary hearing within 21 days. The person who got the order must serve it within 3 days, and the other party has 14 days after service to file a written objection or a motion to modify or rescind it; otherwise it becomes a temporary order.