Family Law Attorney — Birmingham, MI | Serving Oakland, Macomb, Wayne, Livingston, Monroe & surrounding counties
Family Law Attorney — Birmingham, MI | Serving Oakland, Macomb, Wayne, Livingston, Monroe & surrounding counties
Practice Area
Michigan courts decide child custody based on 12 best interest factors codified in MCL 722.23 under the Child Custody Act of 1970. Oakland County circuit court judges evaluate each factor before awarding legal custody, physical custody, or both — and the outcome shapes every aspect of a child's daily life, schooling, healthcare, and relationship with each parent.
Logan Jacobson Mackensen, J.D., a family law attorney licensed in Michigan, Ohio, and California, represents parents in custody disputes, parenting plan drafting, custody modifications, and relocation cases arising from divorce proceedings across Monroe and other Counties. Logan Mackensen also serves as a court-appointed Parenting Time Coordinator.
Parents facing a custody dispute in Oakland County gain clarity on their rights and options during a free consultation at the Birmingham office — call (248) 600-7700.
Michigan Law
Michigan circuit courts base every custody determination on what serves the best interests of the child — not on what either parent prefers. The Child Custody Act of 1970 requires judges to evaluate all 12 statutory factors listed in MCL 722.23 before entering a custody order. No single factor controls the outcome, and judges have discretion to weigh certain factors more heavily based on the specific circumstances of each case.
Michigan law distinguishes between two separate dimensions of custody. Legal custody governs which parent has the right to make major decisions about the child's education, healthcare, religious upbringing, and general welfare. Physical custody governs where the child primarily lives. Michigan courts may award sole or joint custody in either dimension independently, so a parent may hold joint legal custody while the other parent holds primary physical custody.
Under MCL 722.26a, Michigan courts must advise both parents of joint custody and consider a joint custody request from either parent. Most Oakland County judges favor joint legal custody when both parents demonstrate the ability to cooperate on major decisions affecting the child.
Custody Arrangements
Michigan recognizes six distinct custody arrangements. The type of court award depends on the 12 best interest factors applied to each family's circumstances.
Sole Legal Custody
One parent holds exclusive authority to make all major decisions affecting the child's welfare, including education, healthcare, and religious upbringing.
Joint Legal Custody
Both parents share decision-making authority, which requires ongoing communication and cooperation on matters affecting the child's welfare.
Sole Physical Custody
The child resides primarily with one parent full-time. The noncustodial parent may receive supervised or unsupervised parenting time under the court's order.
Joint Physical Custody
The child spends significant time living with both parents on a structured schedule. Arrangements range from alternating weeks to customized rotations based on work schedules, school proximity, and the child's age.
Split Custody
When two or more children are involved, each parent receives primary physical custody of at least one child. Michigan courts apply this arrangement rarely, and only when the best-interest factors support separating siblings.
Third-Party Custody
Michigan courts grant custody to a grandparent, relative, or other non-parent when both biological parents are deemed unfit or unable to care for the child.
Mackensen Law evaluates which custody structure aligns with each client's family circumstances and builds the strongest possible case for that arrangement under Michigan's statutory framework governing custody determinations.
Statutory Framework
Michigan circuit courts must evaluate all 12 factors listed in MCL 722.23 before entering any custody or parenting time order. The Friend of the Court investigates and makes recommendations based on these factors, and both parents have the right to object to those recommendations.
Michigan circuit courts must evaluate all 12 factors listed in MCL 722.23 before entering any custody or parenting time order. The Friend of the Court investigates and makes recommendations based on these factors, and both parents have the right to object to those recommendations.
Factor (j) carries significant weight in Oakland County custody cases. A parent who actively undermines the child's relationship with the other parent — through interference with parenting time, disparaging remarks, or parental alienation — risks a negative finding on this factor.
Factor (k) can override all other factors when the court finds a pattern of domestic violence that affects the child's safety or emotional well-being.
Your custody outcome depends on how effectively each best interest factor is documented and presented to the court — the right evidence under the right factor changes the result. Logan Mackensen prepares each custody case by mapping your family's circumstances to all 12 statutory factors, starting with a free consultation.
Parenting Plans
A parenting plan is a detailed written agreement that governs how parents share time and responsibilities for their children after divorce or separation. Michigan courts require a workable parenting plan before entering a custody order, and a well-drafted plan reduces post-judgment disputes by addressing foreseeable conflicts before they arise.
A comprehensive parenting plan addresses:
A Parenting Time Coordinator (PTC) is a court-appointed professional who helps parents resolve day-to-day scheduling and co-parenting disputes without returning to court for every disagreement. Logan Mackensen serves as a court-appointed PTC and brings that perspective to every parenting plan she drafts — anticipating the disputes most likely to surface and building resolution mechanisms directly into the agreement.
Financial Impact
Child support and child custody are distinct legal determinations in Michigan, but the custody arrangement directly influences the child support calculation. Michigan courts calculate child support using the Michigan Child Support Formula, which weighs each parent's income, the number of overnights the child spends with each parent, healthcare costs, and childcare expenses.
A parent with sole physical custody typically receives a higher child support amount because the child's daily living expenses fall predominantly on that parent. In joint physical custody arrangements, the number of overnights each parent has directly affects the formula — a parent with 130 or more overnights per year generally pays less in child support than a parent with fewer overnights, assuming comparable incomes.
If the parties are not able to agree, the Friend of the Court sometimes applies the Michigan Child Support Formula and recommends an amount to the judge. Either parent may object to the Friend of the Court's recommendation and request a hearing. Mackensen Law ensures that parenting time schedules and child support calculations work together so clients understand the financial consequences of each custody arrangement before agreeing to it.
Custody Modifications
Michigan courts can modify an existing custody order when the requesting parent demonstrates either proper cause or a change of circumstances under MCL 722.27. The threshold for modification depends on whether the proposed change would alter the child's established custodial environment.
Michigan courts have recognized the following as potential grounds for modification:
Minor disagreements, normal life transitions, and temporary disruptions generally do not satisfy Michigan's modification threshold. The requesting parent bears the burden of proof and must demonstrate that the proposed change serves the child's best interests under all 12 factors of MCL 722.23.
Emergency Relief
Emergency custody petitions require specific, documented evidence of imminent harm — unsubstantiated concerns or speculation do not meet the standard.
When a child faces immediate danger — abuse, neglect, kidnapping risk, or exposure to a severely harmful environment — a parent or guardian may file a petition for emergency custody. Michigan circuit courts may issue ex parte orders without notifying the other parent when the evidence shows the child's safety is in immediate danger.
After the court enters an emergency order, the other parent must be served and given an opportunity to respond. The court then schedules a hearing where both parties present evidence, and the judge decides whether to extend, modify, or terminate the emergency order.
Relocation
MCL 722.31 restricts a parent with joint legal custody from moving a child's legal residence more than 100 miles from the child's residence at the time the custody order was entered — unless the other parent consents in writing or the court grants approval. The 100-mile distance is measured by road travel between the child's two legal residences, not as a straight-line radius.
The restriction applies when:
The restriction does not apply when the parents already lived more than 100 miles apart at the time the custody case began, or when the move brings the parents' residences closer together (unless the move crosses state lines).
Under MCL 722.31(4), Michigan courts evaluate five factors before permitting a relocation beyond 100 miles:
A parent who relocates without court approval or the other parent's written consent risks contempt of court and an adverse custody modification. Mackensen Law handles relocation disputes for parents seeking to move and for parents opposing a proposed move.
FAQ
Michigan law does not set a specific age at which a child can choose. MCL 722.23(i) allows courts to consider a child's reasonable preference when the child demonstrates sufficient age and maturity to express a meaningful opinion. Oakland County judges weigh the preference alongside the other 11 best-interest factors.
Michigan courts may grant third-party custody to grandparents when both biological parents are deemed unfit or voluntarily relinquish custody. Grandparents may also pursue legal guardianship when a parent is temporarily unable to care for the child. The court applies the 12 best interest factors under MCL 722.23 in every third-party custody determination.
The Oakland County Friend of the Court investigates custody and parenting time disputes, interviews parents and children, conducts home evaluations, and recommends custody arrangements to the judge. Either parent may file an objection to the Friend of the Court's recommendation within 21 days and request a de novo hearing before the judge.
A parent who violates a Michigan custody order faces contempt of court proceedings, which may result in fines, makeup parenting time, modification of the custody arrangement, or jail time in extreme cases. The nonviolating parent must file a motion documenting the specific violations and requesting enforcement.
Michigan Court Rule 3.211(C) prohibits removing a child from Michigan without court approval, regardless of whether the move exceeds 100 miles. A parent seeking an out-of-state relocation must file a motion, and the court evaluates five statutory factors under MCL 722.31(4) plus the 12 best interest factors under MCL 722.23.
Joint legal custody grants shared decision-making authority but does not guarantee equal overnights. Joint physical custody means the child spends significant time with both parents, but Michigan courts do not require a 50/50 split. The parenting schedule depends on each family's specific circumstances and is evaluated under the 12 best-interest factors.
Contested custody cases in Oakland County typically take six to twelve months from filing to final order. Cases involving Friend of the Court investigations, psychological evaluations, or guardian ad litem appointments may extend to 12 to 24 months. Uncontested custody agreements where both parents agree on all terms can be finalized within the mandatory 180-day waiting period for divorce cases with minor children. The 180-day waiting period may be waived, by motion or oral argument, in the case of unusual hardship or compelling necessity.
Unmarried parents may file for custody in Michigan after establishing legal paternity. The biological father must either sign an Acknowledgment (Affidavit) of Parentage or obtain a court order establishing paternity before the court will address custody and parenting time. Once paternity is established, Michigan courts apply the same 12 best-interest factors under MCL 722.23 as in divorce custody cases.
Oakland County circuit courts frequently order mediation before setting a custody dispute for trial. Mediation allows both parents to reach a voluntary agreement with the help of a neutral facilitator. If mediation does not resolve the dispute, the case proceeds to a contested hearing where the judge makes the final custody determination.
Michigan courts appoint a Parenting Time Coordinator to resolve day-to-day co-parenting disputes — scheduling conflicts, holiday exchanges, communication breakdowns — without requiring parents to file motions for every disagreement. Oakland County judges appoint a PTC when an ongoing conflict between parents disrupts the child's stability.
Free Consultation
Custody matters are time-sensitive. Don't navigate this alone — Logan will review your situation and explain your rights.
Key Facts
Related Practice Areas
01
Logan reviews your situation, explains Michigan's 12 best-interest factors, and develops a strategy to present the strongest possible case for your parental rights.
02
Logan drafts a detailed, child-centered parenting plan covering regular schedules, holidays, vacations, and decision-making protocols.
03
Logan negotiates with opposing counsel for an agreement that protects your rights. If necessary, she advocates forcefully in court.
04
Once an agreement or order is reached, Logan ensures it is properly entered and explains your rights and obligations going forward.
Logan Mackensen maps every custody case to Michigan's 12 best interest factors and builds parenting plans designed to minimize future conflict — contact Mackensen Law for a free, confidential consultation at 600 S Adams, Suite 300, Birmingham, MI 48009, or call (248) 600-7700.
