Child Custody

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When parents divorce, and cannot mutually agree on a custody arrangement for their minor children, the court must decide which parent will be responsible for the care of any minor children. A custody order establishes the custodial arrangement of the children. A custody order is required for all minor children and can be reviewed and changed if both parties agree, or if it is in the best interest of the children.

Two common custodial arrangements are sole custody and joint custody. In a sole custody arrangement, the children live primarily with one parent. That parent is responsible for the care and control of the children, as well as making decisions relating to the children's welfare.

In a joint custody arrangement, the parents share in making the important decisions relating to the children. In addition, the parents may share physical custody of the children.

If the parents cannot agree upon who should have custody of their children, the court will determine custody after considering the factors listed in the Child Custody Act. The factors look to qualities of the parents and the child's relationship with each parent. The preference of the child is only one of several factors that the court must consider.

Once a custody order has been entered, the court retains authority until the child reaches the age of eighteen. During this period of time the court can review and change the custody order if the parents agree, or if a change in the order is in the best interests of the child.

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Additional resources on this topic

"Model Friend of the Court Handbook"-Part 1;Part 2; Part 3;Part 4;Part 5; Part 6;Part 7

This handbook was prepared by the Michigan State Court Administrative Office, Friend of the Court Bureau. The handbook provides information about the Michigan Friend of the Court, divorce, custody, parenting time (visitation) and the child support enforcement program. 1996 "What It Means to Represent Yourself in a Legal Matter"

This pamphlet was prepared by the Michigan State Court Administrative Office. The material explains your responsibilities if you decide to represent yourself in a legal action. 1997 Top of Page

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Last updated 3-15-06

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov