What are the best interest factors in Michigan custody cases?

Under MCL 722.23(a) through (l), Child Custody Act of 1970, Michigan courts consider these factors: (a) The love, affection, and other emotional ties existing between the parties involved and the child (MCL 722.23(a)); (b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any (MCL 722.23(b)); (c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs (MCL 722.23(c)); (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity (MCL 722.23(d)); (e) The permanence, as a family unit, of the existing or proposed custodial home or homes (MCL 722.23(e)); (f) The moral fitness of the parties involved (MCL 722.23(f)); (g) The mental and physical health of the parties involved (MCL 722.23(g)); (h) The home, school, and community record of the child (MCL 722.23(h)); (i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference (MCL 722.23(i)); (j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents (MCL 722.23(j)); (k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child (MCL 722.23(k)); (l) Any other factor considered by the court to be relevant to a particular child custody dispute (MCL 722.23(l)). Note: The court must consider, evaluate, and make findings on all 12 factors, as established in Lombardo v. Lombardo (Michigan Court of Appeals). The court is not required to give equal weight to each factor and may assign differing weight based on the circumstances. Factor (j), the willingness to facilitate the other parent's relationship with the child, is often considered particularly significant by Michigan courts. Under Factor (f), moral fitness is evaluated only as it relates to the parent's ability to function as a parent, not as a general moral judgment. Under Factor (j), a court may not consider negatively any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the other parent. A parent's absence due to active military duty cannot be used as the sole basis for a custody determination.

How do I file for custody in Michigan?

Step 1: Determine your case type. Married parents address custody through a divorce or separate maintenance filing. Unmarried parents must first establish paternity, either through a signed Affidavit of Parentage filed with the Michigan Department of Health and Human Services (DHHS) or through a paternity action. Once paternity is established, a standalone custody case can be filed. Step 2: File the appropriate complaint or motion in the Family Division of the Circuit Court in the county where the child lives. For divorce, file a Complaint for Divorce. For unmarried parents with established paternity, file a Complaint for Custody. Include the UCCJEA Affidavit (Form MC 416) with all filings. Step 3: Pay the filing fee of approximately $175 to $260 depending on the county and case type. If you cannot afford the fee, request a fee waiver by filing an Affidavit and Order for Suspension of Fees and Costs (Form MC 20). Step 4: Serve the other parent with copies of all filed documents. Service must be completed within 91 days of filing. You cannot serve the papers yourself; the server must be at least 18 years old and not a party to the case. Service may be accomplished by personal delivery, registered or certified mail, or through a process server. Step 5: The other parent has 21 days after personal service (or 28 days after service by mail) to file a response. If no response is filed, you may request a default judgment. Step 6: The case is referred to the Friend of the Court (FOC) office. The FOC may schedule an intake conference, conduct an investigation, and issue a recommendation on custody, parenting time, and child support. A party may object to the FOC recommendation within 21 days of receiving it under MCL 552.517d(3). Step 7: If the parties cannot agree, the court schedules a hearing or trial. Both parents present testimony, witnesses, and documentary evidence. The court evaluates all 12 best interest factors under MCL 722.23 and issues a written order with findings on each factor. Typical timeline: Uncontested cases where both parties agree on custody and parenting time may be resolved in 2 to 4 months. Michigan imposes a mandatory 6-month waiting period for divorce cases involving minor children (MCL 552.9f), though custody and parenting time orders can be entered on a temporary basis during that period. Contested custody cases typically take 6 months to over 1 year, depending on the county and complexity. FOC investigations can add 2 to 4 months. Cases requiring a full custody evaluation or psychological assessment may take longer..

How do I modify a custody order in Michigan?

Under MCL 722.27(1)(c), the court may modify or amend its previous custody orders "for proper cause shown or because of change of circumstances" until the child reaches 18 years of age. The moving party must demonstrate, by a preponderance of the evidence, either proper cause (a significant situation with the potential to affect the child's well-being that relates to at least one best interest factor) or a change of circumstances (conditions surrounding custody have materially changed since the last order in a way that has or could have a significant effect on the child's well-being). The landmark case Vodvarka v. Grasmeyer (259 Mich App 499, 2003) established the detailed framework for this analysis. Minor parenting disagreements, scheduling conflicts, or vague complaints generally do not meet the threshold. File a Motion Regarding Custody (Form FOC 87) in the court that issued the original order. Serve the other parent and file the UCCJEA Affidavit (Form MC 416). The court applies a three-step analysis: (1) determine whether proper cause or change of circumstances exists; (2) identify whether the child has an established custodial environment and with which parent; and (3) evaluate the 12 best interest factors under MCL 722.23. If the proposed change would alter the established custodial environment, the moving party must prove by clear and convincing evidence that the change is in the child's best interest. If the established custodial environment would not be altered, the lower preponderance of the evidence standard applies. The FOC may investigate and issue a recommendation; objections to the recommendation must be filed within 21 days.

Michigan Family Court:
What You Need to Know

Last reviewed: 2026-02

Just got served? Here's your priority list.

1. Note the response deadline on your paperwork. Missing it can result in a default judgment.
2. Start documenting everything today: texts, exchanges, incidents. Timestamps matter.
3. Read the best interest factors below to understand what your judge will evaluate.

This information is for educational purposes only and does not constitute legal advice. Michigan family law changes frequently. Always verify current statutes at legislature.mi.gov and consult a licensed Michigan attorney for your specific situation.

Court System Overview

Family Division of the Circuit Court

Michigan handles child custody matters through the Family Division of the Circuit Court in each county. The Family Division has jurisdiction over divorce, separate maintenance, paternity, custody, parenting time, child support, and domestic violence cases. Cases are governed primarily by the Child Custody Act of 1970 (MCL 722.21 through 722.31) and the Support and Parenting Time Enforcement Act (MCL 552.501 through 552.650). Each county has a Friend of the Court (FOC) office that assists the court by investigating custody disputes, making recommendations, enforcing orders, and providing mediation services. The FOC plays a central role in Michigan family court proceedings and is involved in nearly every case involving children.

Legal Custody

Legal custody in Michigan refers to the right and authority to make major decisions about the child's life, including education, healthcare, religious upbringing, and general welfare. Under MCL 722.26a, the court may award joint legal custody (both parents share decision-making) or sole legal custody (one parent has exclusive authority). Joint legal custody means that "the parents shall share decision-making authority as to the important decisions affecting the welfare of the child." The court considers the 12 best interest factors under MCL 722.23 in determining the appropriate legal custody arrangement.

Physical Custody

Physical custody in Michigan determines where the child primarily resides. Under MCL 722.26a, the court may award joint physical custody (the child spends substantial time with both parents) or sole physical custody (the child resides primarily with one parent while the other receives parenting time). When joint physical custody is awarded, MCL 722.26a(7)(b) defines it as meaning that "the child shall reside alternately for specific periods with each of the parents" and that "joint physical custody shall be shared by the parents in such a way as to assure the child of frequent and continuing contact with both parents." Michigan courts use the term "parenting time" rather than "visitation" for the noncustodial parent's scheduled time with the child.

Presumption

Michigan law does not create a statutory presumption in favor of either joint or sole custody. However, MCL 722.26a(1) provides that the court "shall consider" joint custody upon the request of either parent. Under MCL 722.27a(1), there is a legal presumption that having a strong parental bond with both parents is in the best interest of a child, and parenting time shall be granted in sufficient frequency, duration, and type to permit a reasonable and strong bond between the child and the noncustodial parent. The court determines custody based on the 12 best interest factors under MCL 722.23, and no gender-based presumptions apply.

Best Interest Factors

MCL 722.23(a) through (l), Child Custody Act of 1970

The court evaluates the following factors when determining custody arrangements. Each factor represents an area where documented evidence can make a difference.

1 (a) The love, affection, and other emotional ties existing between the parties involved and the child (MCL 722.23(a))
2 (b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any (MCL 722.23(b))
3 (c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs (MCL 722.23(c))
4 (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity (MCL 722.23(d))
5 (e) The permanence, as a family unit, of the existing or proposed custodial home or homes (MCL 722.23(e))
6 (f) The moral fitness of the parties involved (MCL 722.23(f))
7 (g) The mental and physical health of the parties involved (MCL 722.23(g))
8 (h) The home, school, and community record of the child (MCL 722.23(h))
9 (i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference (MCL 722.23(i))
10 (j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents (MCL 722.23(j))
11 (k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child (MCL 722.23(k))
12 (l) Any other factor considered by the court to be relevant to a particular child custody dispute (MCL 722.23(l))

Note: The court must consider, evaluate, and make findings on all 12 factors, as established in Lombardo v. Lombardo (Michigan Court of Appeals). The court is not required to give equal weight to each factor and may assign differing weight based on the circumstances. Factor (j), the willingness to facilitate the other parent's relationship with the child, is often considered particularly significant by Michigan courts. Under Factor (f), moral fitness is evaluated only as it relates to the parent's ability to function as a parent, not as a general moral judgment. Under Factor (j), a court may not consider negatively any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the other parent. A parent's absence due to active military duty cannot be used as the sole basis for a custody determination.

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Documentation the Court Expects

Michigan courts expect organized, factual documentation aligned with the 12 best interest factors under MCL 722.23. The Friend of the Court will conduct its own investigation and may request additional documentation from both parties. All forms must comply with Michigan Court Rules and SCAO (State Court Administrative Office) requirements. Local FOC offices may require specific intake forms and financial questionnaires. Evidence should be organized by factor to assist the court in making findings on each of the 12 statutory criteria.

Uniform Child Custody Jurisdiction Enforcement Act Affidavit (Form MC 416) providing the child's residential history, prior custody proceedings, and persons with custody claims

Friend of the Court Case Questionnaire and financial disclosure forms as required by the local FOC office

Communication logs (text messages, emails, co-parenting app records) documenting each parent's cooperation and involvement

School records, report cards, attendance records, teacher communications, and IEP or 504 Plan documents if applicable

Medical and dental records, including mental health counseling, therapy records, and substance abuse treatment documentation

Financial records such as pay stubs, tax returns, W-2s, bank statements, and documentation of child-related expenses for support calculations

Police reports, Personal Protection Order (PPO) filings, Children's Protective Services (CPS) records, or criminal history records if domestic violence or abuse is at issue

Photos, videos, or other evidence documenting the child's living environment, parenting involvement, and relevant conditions in each parent's home

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Filing Process

Step by Step

1 Determine your case type. Married parents address custody through a divorce or separate maintenance filing. Unmarried parents must first establish paternity, either through a signed Affidavit of Parentage filed with the Michigan Department of Health and Human Services (DHHS) or through a paternity action. Once paternity is established, a standalone custody case can be filed.
2 File the appropriate complaint or motion in the Family Division of the Circuit Court in the county where the child lives. For divorce, file a Complaint for Divorce. For unmarried parents with established paternity, file a Complaint for Custody. Include the UCCJEA Affidavit (Form MC 416) with all filings.
3 Pay the filing fee of approximately $175 to $260 depending on the county and case type. If you cannot afford the fee, request a fee waiver by filing an Affidavit and Order for Suspension of Fees and Costs (Form MC 20).
4 Serve the other parent with copies of all filed documents. Service must be completed within 91 days of filing. You cannot serve the papers yourself; the server must be at least 18 years old and not a party to the case. Service may be accomplished by personal delivery, registered or certified mail, or through a process server.
5 The other parent has 21 days after personal service (or 28 days after service by mail) to file a response. If no response is filed, you may request a default judgment.
6 The case is referred to the Friend of the Court (FOC) office. The FOC may schedule an intake conference, conduct an investigation, and issue a recommendation on custody, parenting time, and child support. A party may object to the FOC recommendation within 21 days of receiving it under MCL 552.517d(3).
7 If the parties cannot agree, the court schedules a hearing or trial. Both parents present testimony, witnesses, and documentary evidence. The court evaluates all 12 best interest factors under MCL 722.23 and issues a written order with findings on each factor.

Required Forms

FOC 87 -- Motion Regarding Custody →
FOC 88 -- Response to Motion Regarding Custody →
FOC 89 -- Order Regarding Custody →
MC 416 -- UCCJEA Affidavit
MC 20 -- Affidavit and Order, Suspension of Fees/Costs
Complaint for Divorce (with Children)
Complaint for Custody (Unmarried Parents)

Typical Timeline

Uncontested cases where both parties agree on custody and parenting time may be resolved in 2 to 4 months. Michigan imposes a mandatory 6-month waiting period for divorce cases involving minor children (MCL 552.9f), though custody and parenting time orders can be entered on a temporary basis during that period. Contested custody cases typically take 6 months to over 1 year, depending on the county and complexity. FOC investigations can add 2 to 4 months. Cases requiring a full custody evaluation or psychological assessment may take longer.

Self-Represented (Pro Se) Notes

Michigan allows self-representation (pro se). The State Court Administrative Office (SCAO) provides approved forms for custody, parenting time, and support matters. Michigan Legal Help (michiganlegalhelp.org) offers free interactive tools, document assembly guides, and self-help resources specifically designed for self-represented litigants. The Friend of the Court will provide forms and instructions to any party wishing to file without an attorney, but the FOC cannot complete the forms for you or provide legal advice. Pro se litigants are held to the same court rules as attorneys. Legal representation is strongly recommended for contested custody matters.

Read the full Pro Se Guide

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Modifying a Custody Order

What Counts as a Material Change

Under MCL 722.27(1)(c), the court may modify or amend its previous custody orders "for proper cause shown or because of change of circumstances" until the child reaches 18 years of age. The moving party must demonstrate, by a preponderance of the evidence, either proper cause (a significant situation with the potential to affect the child's well-being that relates to at least one best interest factor) or a change of circumstances (conditions surrounding custody have materially changed since the last order in a way that has or could have a significant effect on the child's well-being). The landmark case Vodvarka v. Grasmeyer (259 Mich App 499, 2003) established the detailed framework for this analysis. Minor parenting disagreements, scheduling conflicts, or vague complaints generally do not meet the threshold.

How to File for Modification

File a Motion Regarding Custody (Form FOC 87) in the court that issued the original order. Serve the other parent and file the UCCJEA Affidavit (Form MC 416). The court applies a three-step analysis: (1) determine whether proper cause or change of circumstances exists; (2) identify whether the child has an established custodial environment and with which parent; and (3) evaluate the 12 best interest factors under MCL 722.23. If the proposed change would alter the established custodial environment, the moving party must prove by clear and convincing evidence that the change is in the child's best interest. If the established custodial environment would not be altered, the lower preponderance of the evidence standard applies. The FOC may investigate and issue a recommendation; objections to the recommendation must be filed within 21 days.

Building Your Case Over Time

Document the specific change in circumstances or proper cause with concrete evidence tied to one or more of the 12 best interest factors. Relevant documentation includes police or CPS reports, medical records, school records showing academic or behavioral decline, communication logs demonstrating denial of parenting time or failure to cooperate, evidence of substance abuse, documentation of relocation, employment changes affecting the parenting schedule, and any other materials demonstrating that the current arrangement no longer serves the child's best interest.

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Key Deadlines & Tips

Deadlines to Know

Service of process must be completed within 91 days of filing the complaint or motion
The respondent has 21 days after personal service (or 28 days after service by mail) to file a response to a complaint; failure to respond may result in a default judgment
Divorce cases involving minor children require a mandatory 6-month waiting period from the date of filing before a final judgment can be entered (MCL 552.9f)
A party has 21 days after receiving a Friend of the Court recommendation to file a written objection (MCL 552.517d(3)); failure to object in time may result in the recommendation becoming the court order
Motions to modify custody must be filed in the court that entered the original order unless jurisdiction has changed under the UCCJEA
A parent planning to move the child's legal residence more than 100 miles from the current residence must seek court approval under MCL 722.31 before relocating

Practice Tips for Michigan

Factor (j), the willingness to facilitate the other parent's relationship with the child, is often the most influential factor in Michigan custody decisions. Demonstrate cooperation, encourage the child's bond with both parents, and never disparage the other parent in front of the child.

The Friend of the Court plays a major role in Michigan custody cases. Cooperate fully with the FOC investigation, respond promptly to all requests for information, allow home inspections, and be honest and consistent in all communications with the FOC investigator.

Keep a detailed parenting time log documenting every exchange, including dates, times, delays, no-shows, and the child's condition. Michigan courts take parenting time compliance seriously, and documented patterns of interference can significantly affect custody outcomes.

There is no specific age at which a child can choose which parent to live with in Michigan. Under Factor (i), the court may consider the child's reasonable preference if the child is of sufficient age and maturity, typically through a private judicial interview. The judge is never bound by the child's preference.

Organize your evidence around the 12 statutory best interest factors. Michigan judges must make findings on each factor, so presenting your documentation in a factor-by-factor format makes it easier for the court to evaluate your case and reflects well on your preparation.

If you are an unmarried father, you must establish paternity before you can file for custody or parenting time. Sign an Affidavit of Parentage at the hospital or file one with the Michigan DHHS. If paternity is disputed, you will need to file a paternity action and may need DNA testing.

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This information is for educational purposes only and does not constitute legal advice. Family law varies by jurisdiction and county. Consult a licensed attorney for advice specific to your situation. Last reviewed: 2026-02.

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Michigan Family Court: What You Need to Know