CHILD CUSTODY & PARENTING-TIME AGREEMENT
(Michigan – Comprehensive Template)
[// GUIDANCE: This court-ready template is drafted for matters governed by the Michigan Child Custody Act of 1970, Mich. Comp. Laws Ann. §§ 722.21–722.31 (“MCCA”). Add or delete provisions to reflect the specific circumstances of your case and local court rules.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
1.1 Title. Child Custody & Parenting-Time Agreement (the “Agreement”).
1.2 Parties.
a. “[PARENT A FULL LEGAL NAME]”, residing at [ADDRESS] (“Parent A”); and
b. “[PARENT B FULL LEGAL NAME]”, residing at [ADDRESS] (“Parent B”).
1.3 Child(ren). This Agreement concerns the minor child(ren) listed in Schedule A (each, a “Child” and collectively, the “Children”).
1.4 Recitals.
a. The Parties were previously [married / never married] and are the biological/legal parents of the Children.
b. The Parties desire to resolve all issues of legal custody, physical custody, and parenting time in the best interests of the Children pursuant to the MCCA.
c. Consideration. Mutual promises and the welfare of the Children constitute sufficient consideration.
1.5 Effective Date. This Agreement is effective as of [EFFECTIVE DATE] (“Effective Date”) upon execution and, where required, entry as a consent order by the [COUNTY] Circuit Court-Family Division, State of Michigan (the “Court”).
II. DEFINITIONS
Capitalized terms have the meanings below; undefined terms have their ordinary legal meaning.
“Best Interest Factors” means the statutory factors set forth in MCL § 722.23.
“Change of Domicile” has the meaning set forth in MCL § 722.31.
“Court” has the meaning given in § 1.5.
“Holiday Schedule” means the allocation of holidays in Schedule C.
“Joint Legal Custody” means shared decision-making authority under MCL § 722.26a(7)(b).
“Parenting Time” means time a Child spends with a Parent pursuant to MCL § 722.27a.
“Primary Residence” means the domicile designated in § 3.2(a).
[Add additional defined terms as needed.]
III. OPERATIVE PROVISIONS
3.1 Custody Determination.
a. Legal Custody. The Parties agree to Joint Legal Custody of the Children.
b. Physical Custody. Physical custody shall be allocated as follows:
i. Parent A shall exercise parenting time per § 3.3.
ii. Parent B shall exercise parenting time per § 3.3.
3.2 Primary Residence & School Enrollment.
a. The Children’s Primary Residence for school enrollment purposes is Parent [A/B]’s address unless modified per § 5.4 (Relocation).
b. Each Parent shall immediately notify the other of any intent to relocate, consistent with MCL § 722.31 and § 5.4.
3.3 Regular Parenting-Time Schedule.
[PLACEHOLDER: Insert detailed weekly schedule—days, times, transportation responsibilities.]
3.4 Holiday & Vacation Parenting-Time. The Parties shall follow the Holiday Schedule (Schedule C), which supersedes the regular schedule. Summer vacation shall be divided as set forth in Schedule D.
3.5 Transportation & Exchanges.
a. Pick-Up/Drop-Off Location. [PLACEHOLDER].
b. Tardiness. A 15-minute grace period applies unless otherwise agreed.
c. Safety Seats. Each Parent shall provide age-appropriate restraint devices.
3.6 Communication & Access.
a. Telephonic/Electronic Contact. Each Parent shall have reasonable contact with the Children during the other Parent’s time (minimum once daily between [TIME RANGE]).
b. School/Medical Records. Both Parents shall have equal access, subject to FERPA and HIPAA.
3.7 Child Support & Expense Allocation.
[// GUIDANCE: Child support is typically determined by the Michigan Child Support Formula and ordered separately. Include only supplemental expense sharing here.]
a. Extraordinary Expenses. The Parties shall share unreimbursed medical, dental, vision, and extracurricular expenses [PERCENTAGE SPLIT].
b. Payment Procedure. Reimbursement within 14 calendar days of receipt submission.
3.8 Insurance Coverage. Parent [A/B] shall maintain health, dental, and vision insurance for the Children if available at a reasonable cost.
3.9 Conditions Precedent. Entry of this Agreement as a consent order by the Court is a condition precedent to enforceability.
IV. REPRESENTATIONS & WARRANTIES
4.1 Authority. Each Parent represents that he or she is a legal parent of the Children and has full authority to enter into this Agreement.
4.2 No Conflicting Orders. Each Parent warrants there are no existing court orders inconsistent with this Agreement other than [CASE NO.], which will be modified to incorporate this Agreement.
4.3 Disclosure. Each Parent has disclosed any pending criminal, CPS, or PPO matters involving the Children.
4.4 Survival. Representations and warranties survive execution and Court entry.
V. COVENANTS & RESTRICTIONS
5.1 Best Interests. The Parties shall act in accordance with the Best Interest Factors at all times.
5.2 Non-Disparagement. Neither Parent shall disparage the other in the presence or hearing of the Children.
5.3 Substance Use. No Parent shall use illegal substances, misuse prescription drugs, or consume alcohol to excess during parenting time or within 12 hours prior thereto.
5.4 Relocation (“100-Mile Rule”).
a. Neither Parent shall move a Child’s residence more than 100 road-miles from the current Primary Residence, nor out of state, without:
i. written consent of the other Parent; or
ii. Court approval pursuant to MCL § 722.31.
b. Notice. Written notice at least 60 days before the proposed move.
5.5 Information Exchange. Parents shall exchange school calendars, medical updates, and extracurricular schedules within 24 hours of receipt or knowledge.
5.6 Firearms & Hazardous Materials. Firearms shall be stored unloaded, locked, and separate from ammunition; hazardous materials inaccessible to Children.
5.7 Right of First Refusal. If a Parent is unavailable for the Children for a continuous period exceeding [X] hours during that Parent’s scheduled time, the other Parent shall be offered the opportunity to care for the Children before alternate childcare is arranged.
5.8 Notice & Cure. A Parent alleging breach shall give written notice specifying the violation and allow a 7-day cure period unless an emergency endangers a Child.
VI. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute default:
a. Willful violation of scheduled Parenting Time;
b. Material breach of § 5 (Covenants);
c. Interference with parental communication;
d. Failure to reimburse expenses under § 3.7.
6.2 Remedies.
a. Makeup Parenting Time equal to the missed time, scheduled within 30 days.
b. Contempt Proceedings under MCL § 600.1701 et seq.
c. Attorney Fees & Costs. The non-defaulting Parent is entitled to reasonable fees incurred to enforce this Agreement.
d. Graduated Remedies. Repeated default (≥3 findings within 12 months) may constitute a substantial change in circumstance supporting modification of custody under MCL § 722.27(1)(c).
VII. RISK ALLOCATION
7.1 Child Welfare Priority. Each Parent shall indemnify and hold the other Parent harmless from claims, losses, or liabilities arising from that Parent’s negligent or intentional acts or omissions that harm a Child.
7.2 Limitation of Liability. No limitation of liability shall apply to a Parent’s breach affecting the safety or welfare of a Child.
7.3 Force Majeure. Parenting Time may be temporarily suspended or modified due to severe weather, natural disaster, or public health emergency upon prompt notice. Makeup time shall be arranged within 60 days.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement is governed by the laws of the State of Michigan, including the MCCA and applicable court rules.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the [COUNTY] Circuit Court-Family Division.
8.3 Mediation. Except for emergencies, the Parties shall submit disputes to mediation with a State Court Administrative Office-approved mediator before filing a motion, unless waived by the Court.
8.4 Arbitration (Limited Availability). By mutual written agreement, the Parties may submit financial or minor scheduling disputes (not custody determinations) to binding arbitration pursuant to MCR 3.602, subject to Court confirmation.
8.5 Jury Waiver. Pursuant to Michigan law, custody matters are heard without a jury.
8.6 Injunctive Relief. The Court may issue immediate orders modifying or enforcing custody and Parenting Time if a Child’s welfare so requires.
IX. GENERAL PROVISIONS
9.1 Amendment. Any modification must be in a writing signed by both Parents and approved by the Court.
9.2 Waiver. Failure to enforce a provision is not a waiver of future enforcement.
9.3 Assignment. Parental rights and obligations are personal and non-assignable.
9.4 Severability. If any provision is found unenforceable, the remainder shall be construed to effectuate the Parties’ intent and the Children’s best interests.
9.5 Integration. This Agreement, including all Schedules, constitutes the entire understanding and supersedes prior agreements.
9.6 Successors & Assigns. This Agreement binds the Parties and their respective estates.
9.7 Electronic Signatures & Counterparts. This Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original.
9.8 Notices. Notices under this Agreement shall be in writing and delivered via (i) certified mail, return receipt requested, (ii) email with confirmation of receipt, or (iii) Court-approved electronic service, to the addresses in § 1.2 or as updated by notice.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Parent A: [PRINT NAME]
Date: _____
Parent B: [PRINT NAME]
Date: _____
[OPTIONAL NOTARY ACKNOWLEDGMENT]
State of Michigan, County of __
Subscribed and sworn before me on _, 20, by ___.
Notary Public, State of Michigan
My Commission Expires: __
Acting in County: __
SCHEDULE A – CHILDREN
- [Child’s Full Legal Name], born [DOB]
[Add additional children as necessary.]
SCHEDULE B – WEEKLY PARENTING-TIME MATRIX
[Insert table delineating days/times for each Parent.]
SCHEDULE C – HOLIDAY SCHEDULE
[Alternate holidays in even/odd years; specify pick-up/drop-off times.]
SCHEDULE D – SUMMER VACATION & SCHOOL BREAKS
[Detail allocation, notice deadlines, and travel parameters.]
[// GUIDANCE: Attach additional schedules for extracurricular activities, transportation logistics, or special medical protocols as required.]
END OF DOCUMENT