Is Michigan a 50/50 Custody State?

Is Michigan a 50/50 Custody State?

When a couple divorces, both parents tend to want shared custody of any children involved. But is 50/50 child custody the norm in Michigan? Or is it at least a possibility?

Michigan courts recognize that most children do better when raised by both parents. Therefore, the courts are very favorable toward 50/50 parenting time schedules, as long as it is in the children’s best interests. A 50/50 custody arrangement involves children spending time with each parent as equally as possible. It is also known as joint custody, allowing both parents to have custody of their child. Joint custody often refers to both shared physical and legal custody.

Despite the name, 50/50 custody is not always a perfect split. One parent may get slightly more time with the child, depending on the parent’s living arrangements as well as their custody schedule.

Overall, Michigan is a 50/50 custody state that does not typically favor one parent over the other. Fathers are treated just as equally as mothers. Still, custody is based on various factors, such as the existing relationship and bond the parents have with the children.

Child Custody Act of 1970

Michigan operates under the Child Custody Act of 1970, which states the rights of minor children and establishes rights and duties to their custody, support, and parenting time. The law allows for custody based on the best interests of the child. Any custody disputes are resolved based on the best interests of the child. That will always be the deciding factor — not what the parents or children want.

Best Interests of the Child

So what exactly are the best interests of the child? They are factors evaluated by the court to determine which parent(s) should get child custody. They include the following:

• The love, affection, and other emotional ties existing between the parent and child. 
• The capacity of each parent to continue with the child’s education and religion, if applicable.
• The capacity of each parent to provide the child with essentials, such as food, clothing, shelter, and medical care.
• The child’s stability in their current environment and their desire to maintain this continuity. 
• The permanence of the existing or proposed custodial home. 
• The parents’ moral fitness. 
• The mental and physical health of the parents.
• The child’s home, school, and community record. 
• The willingness of each parent to facilitate a close and continuing parent-child relationship between the child and the other parent. 
• Any history of domestic violence or abuse

Contact Us Today

Child custody no longer favors the mother, like it did in the past. Nowadays, many courts will agree to 50/50 if the judges believe this arrangement is most favorable to the children. The experienced Michigan child custody lawyers from Lucido & Manzella, P.C. can help you get the best outcome possible from your child custody case. Schedule a consultation with our office today by calling (586) 228-3900 or filling out the online form.