Can children choose which parent to live with?

No child gets to decide outright. A judge may consider the preference of a child who is old enough and mature enough to express a reasonable choice, but it’s only one of many “best interest” factors the court weighs.

Can we decide to do things differently from what is in our order?

Yes—but with caution. Parents often make practical adjustments to their parenting time plans to accommodate things like vacations, school events, or a child’s activities. As long as both parents agree, the court allows this kind of flexibility. Whenever you adjust the schedule, confirm the change in writing (text or email) to avoid misunderstandings.

What you cannot do is assume that your “side agreement” changes the official court order. The order still controls if one parent later decides to enforce it. For example, if you agree to let your child stay an extra week with the other parent, you can’t demand “make-up” time unless the order provides for it or the other parent agrees.

If you and your co-parent consistently find yourselves following a different schedule than the one in your order, it’s usually best to seek a formal modification. That way, your actual parenting time arrangement is legally recognized and enforceable.

Do grandparents have custody or visitation rights in Michigan?

Grandparents don’t have automatic rights to visitation, but they can ask the court for “grandparenting time” in certain situations, such as when the parents are divorced, separated, or one parent is deceased.

However, Michigan law gives strong weight to parents’ decisions. The court presumes that a fit parent’s choice to deny grandparenting time is in the child’s best interests. To overcome this presumption, grandparents must show that denying them visitation would create a risk of harm to the child’s mental, physical, or emotional well-being.

Because the standard is high, grandparents seeking court-ordered time should work with an attorney who understands the nuances of the law.

Does moving out of the house hurt my chances of custody?

It can. If children remain with one parent when the other moves out, that arrangement may start to look like the “status quo,” which courts often try to preserve. Moving out without a clear parenting plan can affect custody and parenting time decisions. If there are safety issues, put your safety first. Otherwise, always consult an attorney before leaving the home if you have children.

How is custody decided in Michigan?

If parents agree on legal custody, physical custody, and parenting time, the court will usually approve their agreement. If parents cannot agree, the judge decides custody based on the “best interests of the child,” a set of statutory factors that include stability, parenting ability, and the child’s needs.

How is parenting time decided?

Courts encourage parenting time plans that foster strong relationships with both parents, tailored to the child’s needs and family circumstances. Parents can create their own schedule through agreement or mediation; if they can’t agree, the judge will set one after considering the child’s best interests.

What if I want to move out of state with my child?

In Michigan, if parents share joint legal custody, a parent generally cannot move more than 100 miles away from the child’s current residence, or move out of state, without court approval (unless the other parent consents in writing).

The court will consider factors such as the reason for the move, whether it improves quality of life for the parent and child, the impact on the child’s relationship with the other parent, and whether parenting time can be reasonably preserved.

Relocation is one of the more complex custody issues, and it’s important to seek legal advice before making plans, as moving without court approval can have serious consequences for custody and parenting time.

What if my child refuses to go to parenting time with the other parent?

In Michigan, parenting time is not optional—if the court has ordered a schedule, both parents are legally responsible for following it. That means you can’t simply stop sending your child because they don’t want to go. 

If your child refuses, you should do your best to encourage and facilitate parenting time. Depending on your child’s age, that might mean calmly reminding them of the schedule, helping them pack, and reassuring them that spending time with both parents is important. If a pattern develops, don’t try to manage it alone—document what’s happening and talk with your attorney. Courts may view a parent’s failure to support parenting time as interference, but they also take into account situations where a child’s refusal signals a deeper concern, like safety issues or strained parent–child dynamics.

If you ever believe your child faces an immediate and serious safety risk, you should prioritize your child’s safety and contact your attorney right away to discuss next steps. It may be necessary to involve the court, law enforcement, or protective services. Courts take safety concerns very seriously, but they also expect parents to raise those concerns through the proper legal channels, not by making unilateral decisions.

If the problem persists, you may need to explore options such as counseling or asking the court to review or modify the parenting time order. What you should not do is unilaterally stop parenting time, as that could create legal consequences for you. An experienced family law attorney can help you navigate the situation while keeping both your child’s well-being and your legal responsibilities in focus.

What if the other parent won’t follow the parenting time plan?

If the other parent consistently ignores or violates the court-ordered parenting time plan, you have legal remedies. First, keep a clear record of the missed visits or late exchanges. Courts rely on documented patterns, not just verbal complaints.

In Michigan, you can file a motion with the court or request enforcement through the Friend of the Court. The court can order makeup parenting time, modify the schedule, or, in more serious cases, impose penalties on the non-compliant parent. If violations are repeated and serious, they can even affect custody.

It’s important to resist the temptation to “self-help”—for example, withholding child support in response to missed parenting time. The law treats custody, parenting time, and support as separate obligations. Instead, bring the issue to court through the proper channels. A family law attorney can help you decide the most effective and efficient way to enforce your order while keeping your focus on your child’s stability.

What’s the difference between legal and physical custody?

Legal custody refers to who makes major decisions that significantly affect a child’s life, such as those about a child’s education, healthcare, religious upbringing, and other consequential areas of child-rearing. Every court order will award legal custody—either to one parent solely, or jointly to both. Joint legal custody is common in Michigan.

Physical custody is a general term that refers to where a child lives. But under Michigan law, the more important concept is parenting time—the schedule that sets out when a child spends time with each parent. Parenting time, not the custody label, is what determines day-to-day routines, overnights, holidays, and the practical rhythm of your child’s life.