Based on the “Divorcing with Kids: Michigan Parenting Time & Custody Explained” webinar
When parents’ divorce in Michigan, two of the most emotionally difficult and legally significant issues they face are custody and parenting time.
These decisions shape a child’s everyday life, impact their emotional development, and influence their future stability. That’s why it’s so important to understand how Michigan courts approach these topics—and how you can prepare.
Legal Custody vs. Physical Custody
Custody in Michigan is divided into two parts: legal custody and physical custody. Legal custody refers to who makes major decisions for the child, such as education, medical care, and religion. Physical custody determines where the child lives and who provides day-to-day care.
In many cases, parents share joint legal custody, meaning they both have a say in important decisions. Physical custody may be shared or may rest primarily with one parent depending on what’s in the child’s best interest.
As Garry Greenberg explains, “A lot of times people misunderstand what legal custody means. They think it’s about who the child lives with, but that’s actually physical custody. Legal custody is about who makes the big decisions.”
How Courts Decide Custody
Michigan courts are guided by the best interests of the child. Judges consider a variety of factors—each one designed to help determine the most supportive and stable environment for the child’s growth and development.
These include the child’s emotional ties to each parent, each parent’s ability to provide guidance, the stability of each home, and even the child’s preference in certain cases. Moral fitness, mental and physical health, and any history of domestic violence are also critical considerations.
Garry puts it this way:
“What the judge is really trying to figure out is this: Where is this child going to be healthiest? Which environment gives them the best chance to thrive emotionally, physically, and educationally?”
He adds, “The court wants to see that both parents are willing to support a relationship between the child and the other parent. That willingness can go a long way in showing the court that you’re putting your child’s needs first.”
What Parenting Time Really Means
Parenting time refers to the specific schedule that governs when the child spends time with each parent. Michigan law strongly encourages parenting plans that foster relationships with both parents—when safe and appropriate.
But not all parenting time schedules look the same. They vary based on the age of the child, the parents’ locations, their work obligations, and the child’s needs.
“A 16-year-old might want to spend the weekend with their friends and have a very different schedule than a toddler,” Garry explains. “We take that into account. The courts look at the practicality of any parenting plan.”
Other considerations include each parent’s ability to follow the proposed schedule and whether there’s a history of skipping visits. The goal isn’t just fairness—it’s consistency for the child.
Can Parenting Time Be Changed?
Yes. Parenting time orders are not set in stone. If there’s a change in circumstances—such as a parent relocating, a shift in the child’s school situation, or repeated failures to follow the schedule—a parent can request a modification.
But that doesn’t mean it’s easy.
“In Michigan, you need to show that something has changed—and that changing the parenting plan is still in the best interest of the child. That’s the gold standard,” says Garry. “And it’s not about what’s convenient for the parent. It’s about what works best for the child.”
Protecting Your Child's Stability During Divorce
Garry emphasizes that the legal process doesn’t have to add stress to your child’s life. In fact, understanding your rights and responsibilities as a parent can help reduce anxiety for everyone involved.
“This can be a really scary and confusing process,” he says. “But the more you know about how it works, the smoother it’s going to go—not just for you, but for your children too.”
Want a Deeper Understanding? Watch the Full Video
If you’re facing these issues right now, we highly recommend watching the full video replay of Garry Greenberg’s presentation on custody and parenting time. In the recording, Garry walks through everything you need to know—from how Michigan courts make custody decisions to how parenting time is structured and enforced.
You’ll also hear real examples and get answers to common questions asked by Michigan parents just like you.
Why watch?
Because reading about the law is one thing—hearing it explained in plain English by someone with 40+ years of courtroom experience is something else entirely.
📺 Scroll up to watch the video embedded above, or head to our YouTube channel for more legal insights
Final Thoughts
When it comes to custody and parenting time, there’s no one-size-fits-all solution. But there is a clear legal framework in Michigan designed to protect children and support healthy relationships with both parents.
The key is to focus on stability, communication, and what’s truly in your child’s best interest.
You can read more about these issues here: Navigating Tough Issues in Divorce
If you’re navigating these issues, don’t go it alone. Experienced legal guidance can make a world of difference in securing a plan that works for your family.
Schedule a consultation today: Learn more or schedule a consultation.
