What is a parenting plan in Michigan?

A parenting plan is a written document in which parents set out how they will share decision-making and time with their children. In Michigan it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to change an existing order. Michigan describes the arrangement as legal custody, physical custody, and parenting time, and a Michigan court decides it by the best interests of the child (Michigan Compiled Laws Section 722.23).

What are legal custody and physical custody in Michigan?

In Michigan, legal custody is the authority to make important decisions affecting a child's welfare, and physical custody is where the child lives. Custody can be joint: Michigan defines joint custody as an order specifying that the child resides with each parent for specified periods, that the parents share decision-making authority for important decisions, or both (Michigan Compiled Laws Section 722.26a). The schedule of time with each parent is called parenting time.

What standard do Michigan courts use to decide custody?

A Michigan court decides custody by the best interests of the child, which the Child Custody Act defines as the sum total of the factors listed in Michigan Compiled Laws Section 722.23. Those factors include the emotional ties between parent and child, each parent's capacity to provide care, the stability of the home, and the child's record and community ties. Michigan does not use a fixed formula.

What is an established custodial environment in Michigan?

In Michigan, a custodial environment is established if, over an appreciable time, the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. Once it exists, a Michigan court shall not change the established custodial environment unless there is clear and convincing evidence that the change is in the best interest of the child (Michigan Compiled Laws Section 722.27). This is a key protection to keep in mind when proposing a plan.

Does Michigan require a written parenting plan form?

Michigan does not require a separate statutory parenting-plan form. Custody and parenting time are set in the custody order or judgment, and if the court awards joint custody it may include a statement of when the child resides with each parent (Michigan Compiled Laws Section 722.26a). Writing a clear Michigan parenting plan still helps, because it shows the court the legal custody, physical custody, and parenting-time arrangement the parents propose.

Do I have to take a parenting class to file a parenting plan in Michigan?

The Michigan Child Custody Act does not itself require a statewide parenting-education class. Where a class or co-parenting program is required, it comes from an individual circuit court's Friend of the Court practice or local rule rather than a statewide statute, so check the circuit court and its Friend of the Court office. A Michigan parenting plan still needs to set out custody and the parenting-time schedule the parents propose.

Michigan Parenting Plan

Q: What is the difference between a parenting plan and a custody order in Michigan?

In Michigan a parenting plan is the written arrangement the parents propose, while a custody order is what the court enters. Michigan sets custody and parenting time in the custody order or judgment rather than requiring a separate statutory parenting-plan form. When a Michigan court adopts the parents' proposed arrangement, it becomes that binding order, decided by the best interests of the child (Michigan Compiled Laws Section 722.23).

Q: Does Michigan presume joint custody?

Michigan does not apply a blanket presumption, but it favors considering joint custody. At the request of either parent, the court shall consider an award of joint custody and state its reasons on the record. If the parents agree on joint custody, the court shall award it unless it finds, on the record and by clear and convincing evidence, that joint custody is not in the best interests of the child (Michigan Compiled Laws Section 722.26a).

A Michigan parenting plan sets out legal custody, physical custody, and parenting time two parents ask the court to approve under the best interests factors and the established custodial environment. Attorney review available.

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Introduction

In Michigan, which under the Child Custody Act of 1970 splits custody into legal custody and physical custody and calls the schedule parenting time, a parenting plan is the written agreement two parents use to set out that custody and parenting time, whether they are divorcing, were never married, or are changing an existing custody order. Michigan follows the Child Custody Act of 1970. Custody has two parts: legal custody, the right to make important decisions about a child's welfare, and physical custody, where the child lives. Custody can be joint, and Michigan uses the term parenting time for the schedule. At the request of either parent, the court shall consider an award of joint custody and state its reasons on the record; if the parents agree on joint custody, the court shall award it unless it finds, on the record and by clear and convincing evidence, that joint custody is not in the best interests of the child (Michigan Compiled Laws Section 722.26a). A Michigan court decides custody by the best interests of the child, defined as the sum total of the factors listed in MCL Section 722.23. Michigan also protects the established custodial environment: the court cannot change it unless clear and convincing evidence shows the change is in the child's best interest (MCL Section 722.27). Michigan sets custody and parenting time in the custody order or judgment rather than requiring a separate statutory parenting-plan form. DocDraft builds your Michigan parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
Under Michigan's Child Custody Act, a parenting plan is the written document in which two parents set out legal custody, physical custody, and parenting time for their children, whether they are divorcing, were never married, or are changing an existing order.
2
In Michigan, legal custody is the right to make important decisions about a child's welfare and physical custody is where the child lives; custody can be joint, and Michigan uses the term parenting time for the schedule (Michigan Compiled Laws Section 722.26a).
3
At the request of either parent, a Michigan court shall consider an award of joint custody and state its reasons on the record (Michigan Compiled Laws Section 722.26a).
4
If the parents agree on joint custody in Michigan, the court shall award it unless it finds, on the record and by clear and convincing evidence, that joint custody is not in the best interests of the child (MCL Section 722.26a).
5
A Michigan court decides custody by the best interests of the child, defined as the sum total of the factors listed in Michigan Compiled Laws Section 722.23.
6
Michigan protects the established custodial environment: the court cannot change it unless clear and convincing evidence shows the change is in the child's best interest (MCL Section 722.27).
7
Michigan sets custody and parenting time in the custody order or judgment rather than requiring a separate statutory parenting-plan form, so a clear written plan shows the court the arrangement the parents propose.

Key decisions before you file

Before you file a Parenting Plan in Michigan, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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MICHIGAN PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to change an existing order. It sets out legal custody, physical custody, and parenting time the parents ask a Michigan court to approve under the best interests of the child.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Legal custody (decision-making). The parents will share [joint / sole to PARENT] legal custody. Under joint legal custody the parents share decision-making authority for important decisions about the children's education, health care, and religious upbringing, made [jointly, after good-faith discussion]. Each parent may make routine day-to-day decisions while a child is in that parent's care and may authorize emergency medical treatment when needed.
Physical custody and parenting time. The parents will share [joint / sole to PARENT] physical custody. The children will live primarily with [PARENT], and parenting time with the other parent will be as follows. Michigan uses the term parenting time for this schedule. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with exchange times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer parenting time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice before the planned move, so the parents can discuss the change or, if needed, ask the court to review custody and parenting time. Keep in mind that a Michigan court will not change the established custodial environment without clear and convincing evidence.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, through mediation before returning to court.

This parenting plan is subject to court approval and is decided by the best interests of the child (Michigan Compiled Laws Section 722.23), with joint custody considered at either parent's request (Michigan Compiled Laws Section 722.26a). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Michigan Requirements for Parenting Plan

Legal Custody, Physical Custody, and Parenting Time
In Michigan, under the Child Custody Act, legal custody is the authority to make important decisions affecting a child's welfare and physical custody is where the child lives. Custody can be joint, and Michigan uses the term parenting time for the schedule of time with each parent (Michigan Compiled Laws Section 722.26a).
Best Interests of the Child Factors
A Michigan court decides custody by the best interests of the child, which the Child Custody Act defines as the sum total of the factors listed in Michigan Compiled Laws Section 722.23, including the emotional ties between parent and child, each parent's capacity to provide care, and the stability of the home.
Joint Custody Considered on Request
At the request of either parent, a Michigan court shall consider an award of joint custody and state its reasons on the record. If the parents agree on joint custody, the court shall award it unless it finds, on the record and by clear and convincing evidence, that joint custody is not in the best interests of the child (Michigan Compiled Laws Section 722.26a).
Established Custodial Environment
Michigan protects the established custodial environment: a custodial environment is established if over an appreciable time the child naturally looks to the custodian for guidance, discipline, the necessities of life, and parental comfort, and the court shall not change it without clear and convincing evidence that the change is in the child's best interest (Michigan Compiled Laws Section 722.27).
Set in the Custody Order or Judgment
Michigan does not require a separate statutory parenting-plan form. Custody and parenting time are set in the custody order or judgment, and if the court awards joint custody it may include a statement of when the child resides with each parent (Michigan Compiled Laws Section 722.26a). A clear written plan shows the court the arrangement the parents propose.
Decision-Making Detail
Your Michigan plan should state whether legal custody is joint or sole and how the parents will make important decisions about the children's education, health care, and religious upbringing. Michigan defines joint custody to include the parents sharing decision-making authority for important decisions affecting the child's welfare (Michigan Compiled Laws Section 722.26a).
Parenting-Time Schedule
Your plan should describe parenting time, Michigan's term for the schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. If the court awards joint custody, it may state when the child resides with each parent to assure the child continuing contact with both parents (Michigan Compiled Laws Section 722.26a).
Court Approval and Parenting Class
A Michigan parenting plan takes effect only when the court approves it by the best interests of the child (Michigan Compiled Laws Section 722.23). Any parenting-education or co-parenting program requirement comes from a circuit court's Friend of the Court practice or local rule rather than a statewide statute, so check the circuit court.

Find out where you stand in Michigan

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Michigan Requirements for Parenting Plan

Legal Custody, Physical Custody, and Parenting Time

Best Interests of the Child Factors

Joint Custody Considered on Request

Established Custodial Environment

Set in the Custody Order or Judgment

Decision-Making Detail

Parenting-Time Schedule

Court Approval and Parenting Class

Frequently Asked Questions