Michigan
NPO AFFILIATE | MI
STATE CHAIR: Brian Hendricks
2022 Child Support and Shared Parenting Report Card
WHY DID MICHIGAN RECEIVE AN A-?
POSITIVES:
Michigan's PTA is continuous, with no cliff effects.
Michigan's PTA appropriately takes into account the effect of the PTA on both parents' households.
Michigan's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.
NEGATIVES:
Michigan's PTA has a high threshold of 69 days.
Michigan's PTA doesn't recognize the fixed, duplicated costs involved in shared parenting.
2019 NPO Shared Parenting Report Card
WHY DID MICHIGAN RECEIVE A C?
POSITIVES:
Michigan statutes require parents in dispute about custody to be “advised of joint custody” and if requested by either parent, “the court shall consider an award of joint custody, and shall state on the record the reasons for granting or denying a request.” MICH. COMP. LAWS § 722.26A
Michigan statutes require that the “friendly parent” factors be considered in determining the best interest of the child. MICH. COMP. LAWS § 722.23
Michigan statutes meet minimum threshold of a shared parenting policy requiring that “parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.” MICH. COMP. LAWS § 722.27
Michigan statutes allow a court to deny parenting time only when there is “clear and convincing evidence that it would endanger the child’s physical, mental, or emotional health.” MICH. COMP. LAWS § 722.27
NEGATIVES:
Michigan has no statutory preference for, or presumption of, shared parenting (joint legal custody and shared physical custody) for temporary or final orders.
Michigan statutes do not explicitly provide for shared parenting during temporary orders.
Michigan’s statutory definition of “joint custody” is weak. It requires only that the order specify at least one of the following: “[t]hat the child reside alternately for specific periods with each of the parents” and/or “[t]hat the parents shall share decision-making authority as to the important decisions affecting the welfare of the child.” MICH. COMP. LAWS § 722.26A