Child Custody Agreement - Michigan

Michigan Family Law Updated September 30, 2026 Free Word and PDF

Child Custody Agreement

Michigan custody and parenting-time terms

This Agreement is made on [__/__/____] by Parent A [FULL LEGAL NAME] of [ADDRESS] and Parent B [FULL LEGAL NAME] of [ADDRESS] concerning the child or children listed below. The parents request entry of these terms in the [COUNTY] Circuit Court, case [NUMBER / TO BE FILED]. Existing custody and parenting-time orders: [COURT, CASE NUMBER, DATE / NONE]. These proposed terms take effect as a court order only when the court enters them. Each parent signs voluntarily after reviewing the complete schedules.

Child's legal name Date of birth Current address or addresses
[NAME] [__/__/____] [ADDRESS(ES)]
[NAME / REMOVE IF UNUSED] [__/__/____] [ADDRESS(ES)]

1. Legal custody and decisions

The parents request joint legal custody, sharing authority for important decisions affecting each child's welfare. They will consult in good faith before decisions about education, nonemergency medical care, religious upbringing, and other major matters. A parent with the child will decide routine day-to-day matters during that parent's residential time. If the court declines to approve joint custody, the court's order controls.

For an urgent health or safety need, the parent then responsible for the child may obtain appropriate immediate care and will notify the other parent as soon as reasonably possible. Neither parent will use this clause to override an existing safety order or the court's allocation of decision-making authority.

2. Physical custody and regular parenting time

The children will reside with the parents on the following specific schedule. Times, locations, and transportation responsibilities must be completed before signing.

Period Parent A's time Parent B's time Exchange time and place Transportation responsibility
School weeks [DAYS AND TIMES] [DAYS AND TIMES] [DETAILS] [DETAILS]
Nonschool weeks [DAYS AND TIMES] [DAYS AND TIMES] [DETAILS] [DETAILS]
Summer [DATES AND TIMES] [DATES AND TIMES] [DETAILS] [DETAILS]

School enrollment address, if an address is needed: [ADDRESS]. This administrative designation does not itself change the legal-custody or parenting-time allocation. Each parent will have access to ordinary school, activity, and health information to the extent allowed by existing orders and applicable law. Method for sharing notices and records: [EMAIL / PORTAL / OTHER].

3. Holidays, breaks, and communication

The following completed holiday and school-break schedule overrides the regular schedule only for the stated period. An unused row should say “not separately allocated.”

Holiday or break Even years Odd years Start and end times; exchange place
Winter school break [PARENT / SPLIT] [PARENT / SPLIT] [DETAILS]
Spring school break [PARENT / SPLIT] [PARENT / SPLIT] [DETAILS]
Thanksgiving [PARENT / SPLIT] [PARENT / SPLIT] [DETAILS]
Child's birthday [PARENT / SPLIT] [PARENT / SPLIT] [DETAILS]
Other [NAME] [PARENT / SPLIT] [PARENT / SPLIT] [DETAILS]

During the other parent's time, a parent may contact the child by [PHONE / VIDEO / MESSAGE] at [FREQUENCY AND TIME], consistent with the child's needs and activities. The parents will not monitor or obstruct reasonable contact, subject to any controlling safety order. A parent unable to exercise scheduled time will notify the other by [METHOD] as soon as reasonably practicable. Makeup time, if agreed: [SPECIFIC METHOD / NONE]; a dispute about makeup time may be submitted to the court.

4. Care, expenses, and support

Each parent will provide appropriate care during that parent's time and promptly share material information about illness, school issues, and emergencies. Exchange of medicine, equipment, and school items: [DETAILS]. Transportation and extracurricular activity arrangements: [DETAILS].

Child support, health insurance, and unreimbursed expenses remain governed by [EXISTING ORDER AND CASE NUMBER / SEPARATE PROPOSED ORDER]. The parents propose the following expense-sharing term only if the court approves it: [EXPENSE TYPES, SHARES, PROOF, AND PAYMENT METHOD / NONE]. Joint custody does not eliminate a parent's child-support responsibility.

5. Child's legal residence and relocation

At the commencement of the action producing the current custody order, the child's legal residence with Parent A was [ADDRESS] and with Parent B was [ADDRESS]. For a child governed by a custody order, MCL 722.31 generally restricts changing a child's legal residence to a location more than 100 miles from that child's legal residence when the action commenced, unless the other parent consents or the court permits the change after considering the statutory factors. The section has exceptions, including an order granting sole legal custody, residences already more than 100 miles apart when the action commenced, and a move bringing the residences closer together. A parent facing a domestic-violence threat may use the statute's temporary safe-location provision until the court determines the matter.

The parents ask the court to include this agreed procedure for changes in either legal residence under MCL 722.31(5): [NOTICE METHOD, PROPOSED TIMING, INFORMATION TO SHARE, CONSENT PROCESS, AND COURT APPLICATION IF NO AGREEMENT]. This procedure must not delay a safety move authorized by law or override any controlling protective order.

If the parents do not agree on a procedure, they ask the court to include the following statutory default provision:

A parent whose custody or parenting time of a child is governed by this order shall not change the legal residence of the child except in compliance with section 11 of the "Child Custody Act of 1970", 1970 PA 91, MCL 722.31.

Neither a private notice nor this Agreement alone supplies court permission for a restricted move. Out-of-state moves and other applicable orders must be addressed separately.

6. Changes and disputes

The parents may agree in writing to an isolated schedule exchange, identifying the affected dates and confirming that the regular schedule resumes afterward. A lasting change to an entered custody or parenting-time order must be submitted to the court. The court applies the Child Custody Act's best-interest and modification standards, including the established-custodial-environment rule where applicable. Neither parent gains an automatic custody change, fee award, contempt finding, or fixed cure period from an alleged breach of this Agreement.

Parents may use mutually agreed mediation or other appropriate dispute resolution before seeking court relief when safe and practical. A parent may seek court protection or enforcement without waiting for mediation where the child's safety or a controlling order requires prompt action.

7. Signatures and proposed approval

The parents request approval of these completed terms in the child's best interests under the Michigan Child Custody Act. Any provision the court changes is governed by the entered order.

Parent A signature: [SIGNATURE] Printed name: [NAME] Date: [__/__/____]

Parent B signature: [SIGNATURE] Printed name: [NAME] Date: [__/__/____]

Approved and entered as an order of the court, if applicable:

Judge: [SIGNATURE] Date: [__/__/____] Case number: [NUMBER]

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About this template

Last updated
September 30, 2026
Citations checked
September 30, 2026
Jurisdiction
Michigan
Category
Family Law

Legal authority

  • MCL 722.23
  • MCL 722.24
  • MCL 722.26a
  • MCL 722.27
  • MCL 722.27a
  • MCL 722.31

Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on September 30, 2026.

MCL 722.23 (checked September 30, 2026): "As used in this act, "best interests of the child" means the sum total of the following factors to be considered, evaluated, and determined by the court:"

MCL 722.23(j) (checked September 30, 2026): "A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child's other parent."

MCL 722.24(1) (checked September 30, 2026): "In all actions involving dispute of a minor child's custody, the court shall declare the child's inherent rights and establish the rights and duties as to the child's custody, support, and parenting time in accordance with this act."

MCL 722.26a(1)-(2) (checked September 30, 2026): "If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record, based upon clear and convincing evidence, that joint custody is not in the best interests of the child."

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