When parents come to us, they frequently ask for joint custody of their children. While that can be a common request, it misses a significant portion of the parent’s rights.
When parents separate or divorce in Michigan, one of the most important and often misunderstood issues is child custody. Michigan law breaks custody into two distinct concepts: legal custody and physical custody. Each of these can be awarded as sole or joint, depending on what the court determines is in the child’s best interests.
Let us break down the rights of parents when it comes to time with their children and decisions on behalf of them.
Legal Custody vs. Physical Custody
Legal Custody
Legal custody refers to a parent’s authority to make major decisions affecting the child’s life, including:
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- Education (school choice, special education services)
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- Medical care (non-emergency treatment, mental health care)
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- Religious upbringing
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- Extracurricular activities with long-term impact
Legal custody is about decision-making power, not where the child lives.
Physical Custody
Physical custody refers to where the child lives on a day-to-day basis and who is responsible for routine daily care. This includes:
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- Overnight residence
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- Daily supervision
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- Transportation to school and activities
Physical custody is closely tied to parenting time, but they are not identical concepts. Parenting time can be shared even if one parent has primary physical custody.
We have fought for parents to have joint physical custody which depended on very specific factors to each family and parent. Letting your lawyer know your capabilities and needs is important.
Sole Custody vs. Joint Custody
Sole Legal Custody
When one parent has sole legal custody, that parent alone has the authority to make major decisions for the child. The other parent may still have parenting time, but they do not have equal decision-making power.
Michigan courts may award sole legal custody when:
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- Parents cannot communicate or cooperate effectively
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- There is a history of domestic violence or abuse
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- One parent has been largely absent from the child’s life
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- Joint decision-making would create ongoing conflict harmful to the child
Joint Legal Custody
Joint legal custody means both parents share decision-making authority. Parents are expected to consult one another and attempt to reach agreement on major issues.
Importantly, joint legal custody does not require equal parenting time. One parent may still have primary physical custody while both share legal custody.
Michigan courts often favor joint legal custody when parents demonstrate:
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- An ability to communicate respectfully
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- A willingness to cooperate in decision-making
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- A history of involvement in the child’s life
Sole Physical Custody
With sole physical custody, the child primarily lives with one parent. The other parent typically receives parenting time according to a court-ordered schedule.
It does not mean the other parent is excluded; it simply means one home is designated as the child’s primary residence.
Joint Physical Custody
Joint physical custody means the child lives with both parents in a way that ensures frequent and substantial contact with each of them. This does not necessarily mean a 50/50 split.
Examples of joint physical custody arrangements include:
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- Alternating weeks
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- A 2-2-5-5 or 3, 4, 4, 3 schedule
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- One parent having more overnights, but both maintaining significant time
Courts look at practicality, stability, school location, and the parents’ proximity to one another when determining whether joint physical custody is appropriate.
How Michigan Courts Decide Custody
Michigan courts decide custody based on the best interests of the child, as defined by statute. Judges evaluate multiple factors, including:
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- Emotional ties between the child and each parent
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- Each parent’s ability to provide love, guidance, and stability
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- Moral fitness and mental and physical health of the parents
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- The child’s school, home, and community record
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- Each parent’s willingness to support the child’s relationship with the other parent
No single factor controls the outcome. Custody decisions are fact-specific and tailored to the child’s needs. In highly contentious cases, we request a GAL (Guardian Ad Litem) to be appointed by the court to interview the children and help with best factor determinations.
Common Misconceptions About Custody
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- Joint custody does not automatically mean equal time.
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- Having child support obligations does not determine custody.
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- A parent can have joint legal custody but sole physical custody (or vice versa).
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- Custody orders can be modified, but only when legal standards are met.
How Holiday Parenting Time Works in Michigan
Michigan courts typically issue a parenting time order that includes:
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- A regular weekly or biweekly schedule, and
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- A separate holiday and vacation schedule
Holiday schedules often override the regular parenting-time schedule. Common holidays addressed include:
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- Thanksgiving
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- Christmas Eve and Christmas Day
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- Winter break
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- Easter
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- Fourth of July
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- Mother’s Day and Father’s Day
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- Religious holidays observed by the family
Some courts alternate holidays each year, while others split the holiday itself (for example, Christmas Eve with one parent and Christmas Day with the other).
When You Can Ask for More Holiday Time
A parent may ask for additional holiday parenting time in several situations, including:
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- The current order is vague or silent regarding a specific holiday
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- The child is older and holiday traditions have changed
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- One parent consistently denies reasonable holiday accommodations
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- Travel or extended family circumstances justify longer blocks of time
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- The existing schedule no longer serves the child’s best interests
Importantly, a parent does not need to show a “change of circumstances” to request minor adjustments to parenting time. However, significant changes may require meeting a higher legal standard.
Final Thoughts
Understanding the distinction between legal custody, physical custody, and whether custody is sole or joint is critical for parents navigating custody disputes in Michigan. These terms define rights, responsibilities, and expectations—and they directly affect a child’s stability and well-being.
Because custody determinations are highly fact-dependent and legally complex, parents should consider consulting with a qualified Michigan family law attorney to protect their rights and, most importantly, their child’s best interests.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24-7 English/Spanish line at 248-951-2450 or reach out to us at Atiya Law.