How Custodial Parents Are Defined in Michigan and Their Rights

Anna Tsaturova, Michigan managing attorney | Marble Law

Michigan managing attorney at Marble Law

Published March 12, 2025 · 3 min read

Key Takeaways

A custodial parent in Michigan has primary decision-making authority for a child’s care.
Custodial parents can make key decisions about the child’s medical care, education, and living arrangements.
Courts grant custody based on the child’s best interests and the parent's ability to provide a stable home.
The legal process for obtaining custody requires strong evidence and a formal court petition.
A family lawyer can help navigate custody cases and protect parental rights.

What Is a Custodial Parent in Michigan?

A custodial parent is a parent who has primary responsibility for raising the child, including providing daily care and making major decisions about their upbringing. Michigan law recognizes two types of custody:

Physical custody: Determines where the child primarily lives. The custodial parent provides housing, food, and daily care.
Legal custody: Grants the right to decide about education, medical care, and general well-being. Parents can share legal custody, even if only one has primary physical custody.

Michigan courts prioritize the child’s best interests when determining custody. Factors like a stable home environment, emotional bonds, and financial ability to provide for the child all play a role in the decision.

What Rights Do Custodial Parents Have in Michigan?

If you are granted primary custody, you will have several legal rights that allow you to make important decisions for your child:

Making Medical Decisions – You have the authority to approve medical treatments, doctor visits, vaccinations, and emergency care.
Choosing a School – You control where your child goes to school and can make decisions about their educational programs and special services.
Determining Where the Child Lives – As the custodial parent, your home will be the child’s primary residence. If you plan to move, court approval may be required.
Handling Daily Care – You are responsible for meeting your child’s everyday needs, including meals, clothing, and emotional support.
Making Legal and Religious Decisions – You may decide how your child is raised in terms of religious beliefs, cultural traditions, and extracurricular activities.

If both parents share legal custody, they must agree on major decisions. If disputes arise, the court may intervene to determine what is in the child’s best interests.

Get the right lawyer for your custody case

Schedule a free 15-min call with our team today

Get started

Steps to Becoming a Custodial Parent in Michigan

To become the custodial parent, you must go through a legal process to prove that living with you is in the child’s best interests. Here’s how the process works:

File a Custody Petition – Submit a formal request to the Michigan family court outlining why you should have custody.
Provide Supporting Evidence – Gather documentation showing that you can provide a stable home, including financial records, housing proof, and personal references.
Attend Custody Hearings – The court will review evidence and hear arguments from both parents before making a decision.
Follow Court-Mandated Evaluations – A judge may order home visits, parenting evaluations, or mediation to assess what’s best for the child.
Obtain a Custody Order – If the court grants you custody, the decision will be legally binding, allowing you to act as the primary caregiver.

How Marble Law Can Help

The custody process in Michigan can be overwhelming, and having legal support can make a significant difference. An experienced family law attorney can help you gather evidence, present a strong case, and advocate for your rights in court. If you need help securing custody, Marble Law can guide you through the legal process and help ensure your child’s best interests are protected.