Michigan Custody and Parenting Plans

Michigan's Child Custody Act under MCL 722.23 establishes 12 best interest factors that courts must evaluate in every custody determination. Understanding these factors, along with Michigan's unique parenting time offset system and Friend of the Court procedures, is essential for creating effective parenting arrangements.

This comprehensive guide covers Michigan's custody framework, the 2025 Michigan Child Support Formula (MCSF) updates, parenting time calculations, and step-by-step guidance for navigating the Friend of the Court system.

Michigan's 12 Best Interest Factors

Under MCL 722.23, Michigan courts must consider all of the following factors when determining custody. There is no presumption favoring either parent:

• Factor (a): The love, affection, and other emotional ties existing between the parties involved and the child
• Factor (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
• Factor (c): The capacity and disposition of the parties involved to provide the child with food, clothing, medical care, and other material needs
• Factor (d): The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• Factor (e): The permanence, as a family unit, of the existing or proposed custodial home or homes
• Factor (f): The moral fitness of the parties involved
• Factor (g): The mental and physical health of the parties involved
• Factor (h): The home, school, and community record of the child
• Factor (i): The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference
• Factor (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
• Factor (k): Domestic violence, regardless of whether the violence was directed against the child
• Factor (l): Any other factor considered by the court to be relevant to a particular child custody dispute

Important: Custody decisions in Michigan are made by judges in bench trials—not juries. The court must make specific findings regarding each best interest factor on the record.

Types of Custody in Michigan

Michigan recognizes two distinct custody components:

Legal Custody

Legal custody refers to decision-making authority over major aspects of the child's life:

• Joint legal custody: Both parents share decision-making on education, healthcare, religious upbringing, and extracurricular activities
• Sole legal custody: One parent has exclusive decision-making authority

Physical Custody

Physical custody determines where the child resides:

• Primary physical custody: The child lives primarily with one parent while the other has parenting time
• Shared physical custody: The child spends significant time living with both parents

Parenting Time and the PTO Formula

Michigan uses a unique Parental Time Offset (PTO) system that adjusts child support based on each parent's overnights with the child. Unlike many states that use threshold-based adjustments, Michigan applies a continuous formula:

• The PTO applies whenever overnights can be determined—there is no minimum overnight threshold
• The formula uses a 2.5 exponent to calculate the offset based on annual overnights
• Equal overnights with unequal incomes still results in some support flowing from the higher earner
• A change of at least 21 overnights per year may justify a support modification

How the PTO Works

The PTO formula considers both parents' overnights and their respective base support obligations. Key principles:

• More overnights with one parent increases that parent's direct costs and reduces the other's support obligation
• Equal parenting time does not eliminate support if incomes differ significantly
• Orders must specify the number of overnights used in the calculation
• The PTO is not applied when a nonparent has custody of the child

Need a Custom Parenting Plan?

Our planning tool maps your specific custody schedule against Michigan's 12 best interest factors, calculates the parental time offset with the 2.5-exponent formula, and estimates support under the MCSF income-shares model—including medical add-ons, childcare credits, and the $17,747 combined-income cap. Build your personalized parenting plan free →

Friend of the Court (FOC)

The Friend of the Court is a unique Michigan institution that plays a central role in family law cases. Understanding FOC procedures is essential for any custody case:

FOC Functions

• Case management: FOC tracks and manages custody, parenting time, and support cases
• Investigations: FOC staff may investigate and make custody recommendations to the court
• Mediation: Many FOC offices offer mediation services under MCR 3.224
• Support enforcement: FOC initiates show-cause proceedings for parenting time and support violations
• 36-month reviews: FOC must review support orders at least every 36 months

Opting Out of FOC Services

Under MCL 552.505, parents may request to opt out of FOC services if:

• Both parties agree and sign the required advisement
• The case does not involve Title IV-D services (public assistance)
• The court approves the opt-out request

If you opt out, you assume responsibility for enforcing and administering orders yourselves, including tracking payments.

Child Support Under the MCSF

Michigan uses the Income Shares model under the Michigan Child Support Formula (MCSF). The 2025 MCSF Manual and Supplement, effective January 1, 2025, govern all calculations:

Key Support Thresholds

• Combined income cap: $17,747.86/month (above this, courts exercise discretion)
• Low Income Threshold: $1,063/month (self-support reserve based on poverty guideline)
• Low-income formula: Parents below the LIT pay 10% of their net income
• Modification threshold: 10% of current order or $50/month, whichever is greater

Medical Support Components

• Ordinary Medical Expense (OME): $200/year for one child, scaled by child count
• Health coverage cost: Must not exceed 6% of the providing parent's gross income to be considered "reasonable"
• Accessibility: Coverage is presumed accessible if providers are within 30 miles or 30 minutes
• Premium allocation: Premium costs are divided pro rata by income shares

Childcare Support

• Net childcare expenses (after subsidies and tax credits) are shared pro rata
• Childcare support presumptively ends when the child turns 13
• Courts may extend childcare support for health or safety reasons

Support Duration and Emancipation

Under MCL 552.605b, child support rules include:

• Default termination: Support ends at age 18
• High school extension: May continue while the child is regularly attending high school full-time with a reasonable expectation of graduating
• Maximum age: Support never extends beyond age 19 years and 6 months
• Adult disabled children: Courts generally lack authority to order post-majority support for disabled adults in divorce cases absent agreement

The 100-Mile Relocation Rule

Under MCL 722.31, Michigan has strict requirements for custodial parents who wish to relocate:

• 100-mile rule: A parent may not relocate a child's legal residence more than 100 miles from the child's current residence without court approval or the other parent's written consent
• Notice requirement: The relocating parent must provide notice and file a motion with the court
• Best interest analysis: Courts evaluate relocation requests using the best interest factors
• Out-of-state moves: Any move outside Michigan also requires consent or court approval, even if less than 100 miles

Warning: Relocating without consent or court approval can result in contempt findings and modification of custody orders. Always obtain permission before moving with a child.

Modifying Custody and Support Orders

Michigan allows modification of custody and support orders under specific circumstances:

Custody Modification

• Requires proof of a change in circumstances or proper cause
• The modification must serve the child's best interests under MCL 722.23
• Courts apply the same 12 best interest factors as in initial determinations

Support Modification

• Threshold required: Change must equal 10% of current order or $50/month, whichever is greater
• Parenting time change: A shift of 21+ overnights/year may justify modification
• FOC review cycle: FOC reviews orders every 36 months (or sooner upon request)
• Retroactivity limited: Support is a judgment as it comes due; courts cannot retroactively cancel amounts already accrued

Incarceration Abatement

Under MCL 552.517f, support may be abated when a payer is incarcerated 180+ consecutive days with no ability to pay. Support remains abated until modified post-release.

Waiting Periods and Divorce Timeline

Under MCL 552.9f, Michigan has mandatory waiting periods:

• No minor children: 60-day minimum waiting period (cannot be waived)
• With minor children: 180-day waiting period (can be reduced to 60 days for "unusual hardship" or "compelling necessity")
• Joint petition cases: Follow the same timelines; hearing cannot be sooner than 60 days from clerk's notice of filing

Enforcement of Orders

Michigan provides multiple enforcement mechanisms for custody and support orders:

• Income withholding: Automatic in all new orders; payments flow through MiSDU (Michigan State Disbursement Unit)
• Liens: Past-due support creates liens on real and personal property
• License suspension: Driver's, occupational, and recreational licenses may be suspended when arrears exceed two months
• Tax intercepts: Federal and state refund intercepts available through Title IV-D
• Passport denial: Federal passport denial for arrears exceeding $2,500

Arrears and Interest

Michigan does not automatically apply interest to arrears. However, courts may order a semiannual "surcharge" on willful nonpayment at an annual rate equal to 1% plus the average 5-year U.S. Treasury note rate. This requires a specific judicial finding and order.

Key Takeaways

• 12 best interest factors: Courts must evaluate all factors under MCL 722.23; no presumption for either parent
• Bench trials only: Judges—not juries—decide custody matters in Michigan
• Friend of the Court: FOC is involved in most cases; parties may opt out under limited circumstances
• Parental Time Offset: Michigan uses a continuous formula (no minimum overnight threshold) to adjust support
• 100-mile rule: Cannot relocate a child more than 100 miles without consent or court approval
• Low Income Threshold: $1,063/month; parents below pay 10% of net income
• Modification threshold: 10% of current order or $50/month, whichever is greater
• Support duration: Ends at 18, may extend through high school (max age 19.5)
• 180-day waiting period: Cases with children; can be reduced to 60 days for unusual hardship
• MiChildSupport calculator: Use the official calculator for precise calculations matching court standards

For general information about divorce processes, see our guide to fault vs. no-fault divorce. For help organizing your case, review our divorce document checklist.