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.