Types of Child Custody
NOTE: This article on the types of child custody in Michigan is not intended to be, nor should it be, used as a substitute for
independent legal counsel. It is for general informational purposes only. Consult with an attorney for an evaluation of how these issues
impact your personal situation.
In a discussion about the different types of child custody, it is first important for parents going through a divorce or a custody battle
to understand what the terms “legal custody” and “physical custody” mean.
Legal custody refers to who has decision-making authority as to
important decisions affecting the welfare of the child or children. This includes, for example: educational decisions, non-emergency health
care decisions, and religious decisions.
Physical custody refers to which parent the child lives with, and in the case of joint custody,
when the child lives with one or the other parent. (Another important term, parenting time, also refers to when the child lives or spends time
with either parent. Parenting time can be a part of custody or may be separate from it.)
Sole Custody
In Michigan, there is no legal definition for sole custody. However, the State Court Administrative Office
has a Custody and Parenting Time Investigation Manual,
where they utilize the following definition for sole custody: "sole custody is defined as when one parent provides most of the day to day care for the child, and has the
exclusive right to make major decisions for the child” (emphasis added).
Joint Custody
Joint custody is favored in Michigan and must be considered by the court in all cases, although the court is not required to award joint custody.
Joint legal custody is when there is an order by the court that states the parents will share authority regarding important decisions affecting
the welfare of the child.
To learn more about joint custody in Michigan, click here.
Learn More:
Read more about Joint Custody
Learn about the best interests of the child factors that courts must consider in a Michigan child
custody dispute.
What are the different types of child custody? Click here to learn more.
Contact Michigan attoreny Nicole Wipp
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