A parenting plan in Michigan is a written agreement that sets custody, parenting time, and decision-making for your children, governed by the Child Custody Act of 1970 (MCL 722.21 et seq.). Courts apply the 12 best-interest factors in Mich. Comp. Laws § 722.23, require a 180-day waiting period for divorces with minor children, and charge a $255 filing fee.
Key Facts: Parenting Plans in Michigan
| Item | Michigan Detail |
|---|---|
| Filing Fee | $255 with minor children ($175 without); per Mich. Comp. Laws § 600.2529 plus $80 Friend of the Court fee |
| Waiting Period | 180 days (6 months) with minor children; 60 days without; per Mich. Comp. Laws § 552.9f |
| Residency Requirement | 180 days in Michigan + 10 days in the county; per Mich. Comp. Laws § 552.9 |
| Grounds | No-fault (breakdown of the marriage relationship) |
| Custody Standard | Best interests of the child, 12 factors under Mich. Comp. Laws § 722.23 |
| Property Division Type | Equitable distribution (not community property) |
What Is a Parenting Plan in Michigan?
A parenting plan Michigan parents create is a written document specifying physical custody, legal custody, and a parenting time schedule for children under 18. Michigan courts incorporate the plan into the final Judgment of Divorce or custody order. Under Mich. Comp. Laws § 722.27a, parenting time must be granted in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and each parent.
Michigan law does not mandate a single standardized form for a parenting plan, but every plan must address custody, parenting time, holidays, and decision-making to be approved by a circuit court judge. The Child Custody Act of 1970, codified at Mich. Comp. Laws § 722.26a, distinguishes two types of joint custody: alternating physical residence and shared decision-making authority. A complete custody agreement covers both so the Friend of the Court can administer it. When parents agree on parenting time terms, Mich. Comp. Laws § 722.27a requires the court to order those terms unless it finds by clear and convincing evidence that they are not in the child's best interests.
How Do Michigan Courts Decide Custody?
Michigan courts decide custody by applying the 12 best-interest factors listed in Mich. Comp. Laws § 722.23. No single factor automatically outweighs the others, and judges must evaluate each on the record. The standard asks what serves the child's well-being, not what either parent prefers or deserves, and the analysis applies to both legal and physical custody decisions.
The 12 statutory best-interest factors under Mich. Comp. Laws § 722.23 are:
- The love, affection, and emotional ties between each party and the child.
- The capacity and disposition to give the child love, affection, guidance, and continued education and religious upbringing.
- The capacity to provide food, clothing, medical care, and material needs.
- The length of time the child has lived in a stable, satisfactory environment, and the desirability of continuity.
- The permanence, as a family unit, of the existing or proposed custodial home.
- The moral fitness of the parties.
- The mental and physical health of the parties.
- The child's home, school, and community record.
- The reasonable preference of the child, if the court considers the child of sufficient age.
- The willingness of each party to facilitate a close relationship between the child and the other parent.
- Domestic violence, regardless of whether directed against or witnessed by the child.
- Any other factor the court considers relevant.
Michigan judges weigh these factors against each child's circumstances. For factor 9, the law sets no fixed age; a 15-year-old's preference generally carries more weight than a 7-year-old's, but it must align with the child's best interests under Mich. Comp. Laws § 722.23.
Legal Custody vs. Physical Custody in Michigan
Michigan recognizes two custody types under Mich. Comp. Laws § 722.26a: legal custody (decision-making authority over major matters like education, religion, and medical care) and physical custody (where the child resides and the day-to-day parenting time schedule). Joint legal custody is the most common arrangement and is the Friend of the Court's default when parents communicate effectively.
Legal custody is defined by statute at Mich. Comp. Laws § 722.26a as the decision-making authority for important decisions affecting the child's welfare. Physical custody, by contrast, is not statutorily defined; it describes where the child lives and the specific parenting time blocks each parent receives. A child can have joint legal custody (both parents share major decisions) while one parent holds primary physical custody. When parents agree on joint custody, the statute directs the court to award it unless clear and convincing evidence shows it is not in the child's best interests. The court must also weigh whether parents can cooperate on important decisions, a separate inquiry from the 12 best-interest factors.
What Should a Michigan Parenting Plan Include?
A complete Michigan parenting plan should include a custody designation, a detailed parenting time schedule, holiday and vacation allocation, transportation arrangements, decision-making protocols, and a dispute-resolution method. The State Court Administrative Office publishes the Michigan Parenting Time Guideline with sample schedules because, as it notes, no single schedule works best for every family.
Key components every co-parenting schedule should address:
- Regular weekly schedule (for example, alternating weeks or a 2-2-3 rotation).
- Holiday and birthday rotation, typically alternating years.
- Summer and school-break parenting time.
- Pickup and drop-off locations and times.
- Transportation responsibility and travel costs.
- How major decisions (education, healthcare, religion) are made.
- Communication rules between parents and with the child.
- Right of first refusal for childcare.
- A method for resolving future disputes (mediation before court).
Under Mich. Comp. Laws § 722.27a, the court may consider special circumstances such as a nursing child under 6 months (or under 1 year if substantial nutrition comes through nursing), travel burdens, and any reasonable likelihood of abuse when structuring the visitation schedule.
Common Parenting Time Schedules in Michigan
Michigan parents commonly use one of several parenting time schedules, ranging from equal 50/50 splits to alternating-weekend arrangements. The Michigan Parenting Time Guideline from the State Court Administrative Office provides sample schedules as a starting point, but Mich. Comp. Laws § 722.27a presumes it is in a child's best interests to have a strong relationship with both parents.
| Schedule Type | Parenting Time Split | Best For |
|---|---|---|
| Alternating weeks (week-on/week-off) | 50/50 | Older children, cooperative parents living near each other |
| 2-2-3 rotation | 50/50 | Younger children needing frequent contact with both parents |
| Every other weekend + one weeknight | Roughly 80/20 | One parent with primary physical custody |
| 5-2 / extended weekend | About 70/30 | School-age children with one primary home |
| Alternating weekends only | About 85/15 | Long-distance co-parenting situations |
No schedule is automatically ordered. A child has a right to parenting time unless clear and convincing evidence shows it would endanger the child's physical, mental, or emotional health, per Mich. Comp. Laws § 722.27a. Parents who agree on a schedule give the court strong reason to adopt it.
Filing Fees and the Waiting Period in Michigan
The divorce filing fee in Michigan is $255 when the case involves minor children and $175 when it does not, as of March 2026. This includes the $150 base fee under Mich. Comp. Laws § 600.2529, a $25 e-filing fee, and an $80 Friend of the Court custody and parenting time fee. Verify current amounts with your local circuit court clerk, as some counties add surcharges.
Michigan imposes a mandatory waiting period before any divorce involving children can be finalized. Under Mich. Comp. Laws § 552.9f, the waiting period is 180 days (six months) when the marriage involves dependent minor children under 18, and 60 days when it does not. The 60-day minimum cannot be waived under any circumstances. The 180-day period can sometimes be shortened in cases of unusual hardship or compelling necessity, but never below 60 days, and only by written motion. If your household income is at or below 125% of federal poverty guidelines (roughly $19,506 for an individual in 2026), you may file Fee Waiver Request form MC 20 to have filing fees waived entirely. The clock on the waiting period starts on the date the Complaint for Divorce is filed, not on the date of service or settlement.
Residency Requirements for Filing in Michigan
To file for divorce in Michigan, at least one spouse must have resided in Michigan for 180 days immediately before filing and in the county of filing for at least 10 days, under Mich. Comp. Laws § 552.9. Only one spouse needs to satisfy these requirements, which establish the circuit court's jurisdiction and proper venue.
The 180-day state residency requirement does not demand continuous physical presence; temporary absences for work, military service, or family emergencies do not destroy residency if the spouse maintains an established Michigan domicile and intends to return. The 10-day county rule determines venue, meaning which circuit court hears the case. A narrow exception exists under Mich. Comp. Laws § 552.9: the county residency requirement may be waived where the defendant was born in or is a citizen of another country, the parties have minor children, and there is a credible risk of international child removal. Because Michigan is a no-fault state, you only need to state that there has been a breakdown of the marriage relationship; you do not prove wrongdoing.
How to Modify a Parenting Plan in Michigan
A Michigan parenting plan can be modified when the parent requesting the change shows proper cause or a change of circumstances since the last order, and that the modification serves the child's best interests under Mich. Comp. Laws § 722.27. If the change would alter an established custodial environment, the higher clear-and-convincing-evidence standard applies; otherwise, a preponderance of the evidence is sufficient.
To modify a custody agreement or parenting time schedule, a parent files a motion with the circuit court that issued the original order. The Friend of the Court frequently conducts an evaluation and makes a recommendation. Courts distinguish between changes that affect an established custodial environment (where the child looks to a parent for guidance, discipline, and necessities of life) and minor scheduling adjustments. The 2025 Michigan child support formula update made more than 20 changes affecting how support is calculated, so a significant parenting time change can also trigger a child support recalculation. Parents who agree on a modification can submit a stipulated order, which courts generally approve unless it harms the child.