Michigan Divorce Law...

Michigan Law - Who Gets Custody?

In Michigan, the courts prefer sole custody over joint custody.

The courts also prefer custody by the mother over custody by the father.

If there is more than one child, the courts prefer keeping the children together.

Cases:

Ostergren, 386 Mich 408. (preferring custody by the mother).

Herpolsheimer 318 Mich 200. (custody awarded to non-parent).

Mason, 317 Mich 95. (prefer keeping children together).

Casbergue 124 Mich App 491 (In this case, the wife was charged with contempt of court for failing to ensure that the parties' two minor children visited the husband. In addition to the divorce, the court had made an order setting forth specific periods of visitation for the husband. The wife was imposed the duty of assuring that the daughters followed the order. When the court found that the wife had not made an effort to comply with the visitation agreement, she was sentenced to 57 days in jail. 57 days of her sentence would be suspended, however, provided no visitations were missed for one year. The court found the testimony of one of the parties' daughters as to her visitation preferences to be irrelevant to the question of whether the wife violated the visitation order.)

Wilcox, 100 Mich App 75 (The court found that joint physical custody of the parties' two minor children was improper. However, the court determined that joint legal custody was still appropriate. The wife had custody of the children, aged 12 and 10, while the parties were separated for several months prior to filing for divorce. The wife had objected to the "joint custody" claiming that she was a better parent than the husband. The older daughter also preferred to live with the wife, although the younger son was indifferent. "Joint custody" had nevertheless been found by the court to be in the best interests of the children, since it would allow the children to maintain close, personal bonds with both parents. Under the "joint custody" arrangement, the children would stay one week with the wife and then a week with the husband. The court subsequently determined that such movement was not in the best interests of the children. The parties had been married for 10 years.)

Moser (1990) 457 N.W.2d 70, 184 Mich.App. 111 (In this case, custody was awarded to the father and alimony to the mother. With respect to custody, the mother was inattentive. She did not make her 13-year-old daughter go to school. She did not work, but engaged in extracurricular activities that took her away from the children. For example, the father had to arrange for his sister to take care of one of the children when that child had chicken pox. The court split the property 50/50, and it awarded the wife alimony of $65 a week.)

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