Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In Michigan, child custody laws are designed to ensure the best interests of the child are the primary concern in custody and parenting time decisions. When parents separate or divorce, they can either agree on a custody arrangement or, if they cannot agree, the court will decide. Michigan recognizes two types of custody: legal custody, which pertains to making major decisions about the child's welfare, and physical custody, which relates to where the child lives. Parents can be awarded joint legal custody, joint physical custody, or one parent can be awarded sole custody. The court considers various factors, including the emotional ties between the child and parents, the parents' moral fitness, the child's home, school, and community record, and the reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference. If a parent is deemed unfit, the other parent may receive sole custody. Visitation rights may be granted to the non-custodial parent, which can be supervised if necessary to protect the child's well-being. These laws are codified in the Michigan Compiled Laws under sections dealing with family and domestic relations.