What Factors Determine Whether a Parent is Awarded Sole Custody in Michigan?

Anna Tsaturova, Michigan managing attorney | Marble Law

Michigan managing attorney at Marble Law

Published March 10, 2025 · 3 min read

Key Takeaways

Michigan courts prioritize the child’s best interests when deciding custody.
Factors like parental stability, emotional bonding, and home environment play a key role.
You need strong evidence to show why sole custody benefits your child.
The legal process can be complex, making an attorney’s guidance essential.
The child’s long-term well-being and safety are the most important considerations.

Is It Hard to Get Sole Custody in Michigan?

Getting sole custody isn’t easy. Michigan courts prefer shared custody whenever possible, believing that children benefit from relationships with both parents. However, if you can prove that sole custody is in your child’s best interests, the court may grant it.

To win sole custody, you’ll need to show strong evidence that the other parent is unfit, unable to provide a stable environment, or that shared custody would put your child at risk. This could include proof of neglect, abuse, substance issues, or an unstable living situation. The more evidence you provide, the stronger your case will be.

What Factors Do Michigan Courts Consider in Custody Cases?

When deciding on custody, the court looks at a range of factors to determine what’s best for the child:

Parental Bonding: The emotional connection and care each parent provides.
Parental Capacity: Each parent’s ability to provide love, emotional support, and stability.
Financial Stability: Whether the parent can provide for the child’s daily needs, education, and medical care.
Home Stability: How long the child has lived in a secure and consistent environment.
Moral Fitness: The character and values a parent demonstrates in raising the child.
Mental and Physical Health: The overall well-being of each parent and how it affects parenting abilities.
School and Community Ties: How the custody arrangement would impact the child’s education and social life.
Child’s Preference: If the child is old enough, their opinion may be considered.
Co-Parenting Willingness: A parent’s ability to foster a positive relationship between the child and the other parent.
Domestic Violence History: Any past incidents of abuse or violence are taken seriously.

Every case is unique, so the judge will weigh all these factors before making a decision.

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Steps to Get Sole Custody in Michigan

If you believe sole custody is best for your child, here’s how to build a strong case:

Prove Parental Fitness: Show that you provide a stable, nurturing, and financially secure home.
Demonstrate the Child’s Best Interests: Gather evidence—like school records, doctor’s reports, and witness statements—to show why your home is the best environment.
Document Concerns About the Other Parent: If there are issues like neglect, substance abuse, or an unsafe living situation, provide proof such as police reports or testimony from professionals.
File for Custody in Court: Submit a petition explaining why you request sole custody.
Attend Mediation (if required): Some courts require parents to attempt mediation before a judge makes a final decision.
Present Your Case in Court: You may need to attend hearings, provide testimony, and present evidence to support your claim.

A judge will review all the evidence and decide based on what is best for your child.

How Can a Family Lawyer Help with Full Custody?

Winning full custody requires strong legal arguments, solid evidence, and a clear understanding of Michigan’s custody laws. A family lawyer can help you navigate the legal system, prepare the necessary documentation, and advocate for your child’s best interests in court. If you're facing a custody battle, Marble’s experienced legal team can provide the support and guidance you need to pursue the best outcome for you and your child.