Summary of Michigan Child Custody, Child Support
and Visitation Law

Child Support in Michigan

Child support is a court-ordered payment by one parent to the custodial parent of a minor child, generally after divorce or separation. In cases where both parents have equal custody, the child support will be based on the finances of both parents.

Calculation:

Child support in Michigan is calculated on the basis of "the Income Shares Model." The monthly support amount is determined by proportionally dividing each parent's income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. The child support amount may be modified if the financial circumstances of any spouse changes. However, the court will not modify the child support amount "retroactively”. Detailed information on calculating Michigan child support may be found here.

Continuation of Child Support beyond 18th Birthday:

The Court could order the continuation of child support beyond 18 years of age, if it finds the child is regularly attending high school on a full time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the recipient of support or at an institution, but in no case after the child reaches 19 years and 6 months of age. This extension of child support order in such conditions is binding to the parties concerned even in the absence of entering into such an agreement, up to the time the child reaches an age of 19 years and 6 months.

Child Custody in Michigan

In Michigan, custody determinations are made by the court based on the best interests of the child. If parents are unable to come to a custody-sharing agreement, a court may make a determination. Factors that courts consider in custody determinations include:

• • Love, affection and emotional bonds involved between the parties and the child
• • Capacity and capability of the parent to raise the child with love, affection and guidance and to have the capacity to support the child’s education and to raise the child in his or her religion or creed
• • Economic capacity to meet the essential requirements of the child such as food, clothing, medical care and other miscellaneous needs
• • Duration of time the child lived in a stable and conducive environment and the desirability of its continuity in providing the environment
• • Permanence, as a family unit, of the existing or proposed custodial home or homes.
• • Moral fitness, mental and physical fitness of the parties involved
• • Home, school, and community record of the child
• • Child's preference shall be taken into account if the court finds the child to be of an age in which he or she is able to take reasonable decision.
• • Willingness and ability of each of the parties to assist and encourage a close and continuing parent-child relationship
• • Domestic violence
• • Any other relevant factor considered by the court

Child Visitation in Michigan

Michigan law presumes that a child’s best interests are generally served by having strong relationships with both parents. Thus, under Michigan law, a non-custodial parent is generally awarded visitation (also called “parenting time” in Michigan) unless a court determines by clear and convincing evidence that parenting time would endanger a child’s physical, mental or emotional health. (see Michigan Compiled Laws 722.27a).

It is important to remember that parenting time is granted in accordance with the best interests of the child.

In order to determine the length, frequency, and type of parenting time, Michigan courts consider several factors (see MCL 722.27a):

• 1. The existence of any special circumstances or needs of the child.
• 2. Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing.
• 3. The reasonable likelihood of abuse or neglect of the child during parenting time.
• 4. The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.
• 5. The inconvenience to, and burdensome impact or effect on, the child of traveling to and from the parenting time.
• 6. Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.
• 7. Whether the parent has frequently failed to exercise reasonable parenting time.
• 8. The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent’s temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent’s intent to retain or conceal the child from the other parent.
• 9. Any other relevant factors.