Michigan Joint Custody Agreement

STIPULATED ORDER FOR JOINT CUSTODY

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]
FAMILY DIVISION

Case No.: [________________________________]
Hon.: [________________________________]

[________________________________], Plaintiff,
v.
[________________________________], Defendant.

Friend of the Court: [________________________________]

I. BACKGROUND AND AUTHORITY

A. Statutory Framework

This Joint Custody Agreement is entered pursuant to the Michigan Child Custody Act of 1970 (MCL 722.21 et seq.) and specifically MCL 722.26a, which authorizes the Court to award joint custody upon the request of either parent. Under MCL 722.26a(1), in custody disputes between parents, the parents shall be advised of joint custody and that it shall be considered by the Court. Joint custody shall not be considered as favoring either parent in awarding custody.

B. Parties and Children

Plaintiff: [________________________________]
Address: [________________________________]
County of Residence: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Defendant: [________________________________]
Address: [________________________________]
County of Residence: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

C. Children Subject to This Order

D. Proceeding Type

This order is entered in connection with:
☐ Judgment of Divorce (MCL 552.1 et seq.)
☐ Order of Filiation / Paternity Action (MCL 722.711 et seq.)
☐ Separate Custody Action (MCL 722.26)
☐ Modification of prior order dated [__/__/____]

II. JOINT CUSTODY DESIGNATION

A. Joint Legal Custody

The Court hereby grants joint legal custody to both parents. Under Michigan law (MCL 722.26a(7)(a)), "joint legal custody" means that the parents share decision-making authority as to the important decisions affecting the welfare of the child.

Both parents shall have equal rights and responsibilities to make major decisions regarding the children, including but not limited to:

1. Education — school enrollment, school transfers, special education evaluations (IEP/504), homeschooling, private school, college planning
2. Healthcare — selection of physicians, dentists, and specialists; non-emergency medical procedures; mental health treatment; therapy; orthodontics; prescription medications for ongoing conditions
3. Religious upbringing — religious instruction, participation in religious activities and ceremonies
4. Extracurricular activities — activities requiring significant financial commitment or that affect the other parent's parenting time
5. Travel — international travel and extended domestic trips

B. Joint Physical Custody

The Court hereby grants joint physical custody to both parents. Under Michigan law (MCL 722.26a(7)(b)), "joint physical custody" means that the child shall reside alternately for specific periods with each of the parents.

The children shall reside with each parent according to the parenting time schedule set forth in Section III.

C. Established Custodial Environment

The parties acknowledge that upon implementation of this joint custody arrangement, the children's established custodial environment (ECE) under MCL 722.27(1)(c):
☐ Exists with both parents
☐ Will be established with both parents upon consistent implementation of this schedule
☐ Other: [________________________________]

D. Best Interest Findings — MCL 722.23

The parties stipulate, and the Court finds, that joint custody serves the children's best interests under the twelve factors of MCL 722.23:

(a) Love, affection, emotional ties: Both parents have strong emotional bonds with the children.

(b) Capacity for love, guidance, continued education/religion: Both parents are capable of providing love, guidance, and continuity in the children's upbringing.

(c) Capacity to provide material needs: Both parents can provide food, clothing, medical care, and other material necessities.

(d) Stable environment and continuity: [________________________________]

(e) Permanence of custodial home: Both parents maintain stable, appropriate homes for the children.

(f) Moral fitness: Neither parent presents moral fitness concerns affecting the children. ☐ Or specify: [________________________________]

(g) Mental and physical health: Both parents are in adequate mental and physical health to care for the children. ☐ Or specify: [________________________________]

(h) Home, school, community record: [________________________________]

(i) Reasonable preference of the child:
☐ Children are too young to express a meaningful preference
☐ Child(ren) expressed a preference consistent with this arrangement
☐ Child(ren) interviewed by: ☐ Court ☐ FOC investigator ☐ Guardian ad Litem

(j) Willingness to facilitate relationship with other parent: Both parents demonstrate willingness and ability to encourage a close and continuing parent-child relationship between the children and the other parent. (This factor is considered paramount by Michigan courts.)

(k) Domestic violence:
☐ No history of domestic violence
☐ History noted: [________________________________]

(l) Other relevant factors: [________________________________]

E. MCL 722.26a(2) — Joint Custody Considerations

The Court further finds, per MCL 722.26a(2), that the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the children.

III. PARENTING TIME SCHEDULE

A. Regular Weekly Schedule

☐ Alternating Weeks
Exchange day: [________________________________]
Exchange time: [____] ☐ AM ☐ PM
Plaintiff has children in ☐ odd weeks / ☐ even weeks (Week 1 of January = Week 1)

☐ 2-2-3 Rotation
Plaintiff: Monday and Tuesday overnights every week
Defendant: Wednesday and Thursday overnights every week
Weekends (Friday through Monday morning): Alternating
Starting: Plaintiff has first weekend beginning [__/__/____]

☐ 3-4-4-3 Rotation
Week A: Plaintiff has Monday-Wednesday; Defendant has Thursday-Sunday
Week B: Plaintiff has Monday-Thursday; Defendant has Friday-Sunday

☐ Custom Schedule:
[________________________________]
[________________________________]
[________________________________]

B. Holiday Schedule

Holiday parenting time supersedes the regular schedule.

C. Summer Schedule

Each parent shall have [____] weeks of extended, uninterrupted summer parenting time.

• Plaintiff selects dates by April 1
• Defendant selects dates by April 15
• Priority selection alternates annually; Plaintiff has priority in ☐ even / ☐ odd years
• Neither parent may select dates that conflict with a summer camp or program previously agreed upon by both parents

D. Exchanges

Location: [________________________________]
☐ Curbside at receiving parent's home
☐ Child's school or daycare
☐ Neutral public location: [________________________________]

Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared — Plaintiff transports to Defendant; Defendant transports to Plaintiff ☐ Other: [________________________________]

Timeliness: A 15-minute grace period applies. If a parent will be more than 15 minutes late, immediate notice is required. Failure to appear within 30 minutes without notice forfeits the exchange period.

IV. JOINT DECISION-MAKING PROTOCOL

A. Consultation Requirement

For all major decisions listed in Section II.A, each parent shall:

1. Notify the other parent in writing of the proposed decision
2. Provide relevant information (school options, doctor recommendations, cost estimates)
3. Allow the other parent a reasonable time to respond (minimum 7 days for non-urgent matters)
4. Engage in good-faith discussion to reach agreement

B. Emergency Decisions

The parent with the child at the time of a medical or safety emergency has sole authority to make immediate decisions necessary to protect the child. Notification to the other parent is required within 24 hours.

C. Deadlock Resolution

If parents cannot agree on a major decision after good-faith consultation:

Step 1: Either parent may request mediation through the Friend of the Court (MCL 552.513). FOC mediation is confidential and free of charge.

Step 2: If FOC mediation is unsuccessful, either parent may request a private mediator at shared expense.

Step 3: Either parent may file a motion with the Court. The Court may:

• Appoint a Guardian ad Litem to investigate
• Order a FOC investigation and recommendation
• Conduct an evidentiary hearing
• Allocate specific decision-making authority on the disputed issue

D. Day-to-Day Decisions

Each parent has independent authority during their parenting time to make routine daily decisions regarding meals, clothing, bedtime, homework, hygiene, minor discipline, and ordinary social activities.

V. COMMUNICATION AND CO-PARENTING

A. Communication Method

Parents shall communicate about the children through:
☐ Any reasonable method
☐ Email with response within 48 hours for non-urgent matters
☐ Co-parenting application: ☐ OurFamilyWizard ☐ TalkingParents ☐ Other: [________________________________]

B. Parent-Child Communication

Each parent shall facilitate reasonable phone and video contact between the children and the other parent during their parenting time. Neither parent shall:

• Monitor, record, or restrict calls without court authorization
• Coach the children before or during communications
• Interrogate the children after communication with the other parent

C. Information Sharing

Both parents shall independently register with schools and healthcare providers to receive direct communications. Both parents are entitled to:

• All school records, report cards, and progress information
• Attendance at parent-teacher conferences (separately if needed)
• All medical, dental, and mental health records
• Notification of extracurricular schedules and events
• Emergency contact information for all providers

D. Non-Disparagement and Conduct

Neither parent shall:

• Disparage the other parent in the children's presence or hearing
• Allow others to disparage the other parent in the children's presence
• Discuss financial disputes, child support, or court matters with the children
• Use the children as messengers between parents
• Engage in conduct designed to alienate the children from the other parent

Both parents shall:

• Support the children's relationship with the other parent
• Encourage respect for the other parent
• Attend the children's school and extracurricular events and behave respectfully toward each other

VI. RELOCATION — MCL 722.31

A. 100-Mile Rule

Under MCL 722.31, a parent of a child whose custody is governed by court order shall not change the child's legal residence to a location more than 100 miles from the child's legal residence at the time the action was commenced, unless the other parent consents or the Court permits the change.

Note: Under joint physical custody, a child has two legal residences — one with each parent.

B. Notice Requirement

Any parent intending to change their residence shall provide written notice to the other parent at least 28 days before the proposed move, including the new address, telephone number, reason for the move, and proposed revised parenting schedule.

C. Court Approval for Moves Beyond 100 Miles

A parent seeking to relocate the child's legal residence more than 100 miles must file a motion with the Court and serve the other parent and the Friend of the Court. The Court shall consider the five factors under MCL 722.31(4) before permitting the move.

VII. ADDITIONAL PROVISIONS

A. Right of First Refusal

☐ Not applicable
☐ If a parent is unavailable for more than [____] consecutive hours during their parenting time, that parent shall first offer the time to the other parent before arranging third-party care. The other parent has [____] hours to respond.

B. New Partners and Household Members

☐ No restrictions beyond what affects the children's best interests
☐ Neither parent shall permit overnight stays by a romantic partner while the children are present until [________________________________]
☐ Each parent shall provide the other with notice of any new adult residing in the household within [____] days

C. Substance Restrictions

☐ Neither parent shall consume alcohol to the point of intoxication during parenting time or within [____] hours before parenting time begins
☐ Neither parent shall use any controlled substance (unless prescribed) during parenting time
☐ Additional provisions: [________________________________]

D. Firearms Safety

All firearms in either parent's household shall be stored unloaded in a locked container, with ammunition stored separately, inaccessible to the children. This provision applies to both households at all times.

E. Health Insurance and Medical Expenses

Health insurance provider: ☐ Plaintiff ☐ Defendant ☐ Both (if available through respective employers)

Unreimbursed medical, dental, optical, and therapeutic expenses:
☐ Shared equally (50/50)
☐ Proportional to income: Plaintiff [____]% / Defendant [____]%
☐ Other: [________________________________]

A parent incurring an unreimbursed expense shall provide an itemized statement and documentation to the other parent within 28 days. Reimbursement is due within 28 days of receipt.

F. Child Support

☐ Child support is addressed in a separate Uniform Child Support Order (SCAO Form FOC 10/52)
☐ No child support ordered due to substantially equal parenting time and comparable incomes
☐ Other: [________________________________]

VIII. FRIEND OF THE COURT

A. FOC Authority

The Friend of the Court shall have authority to:

• Enforce parenting time provisions of this order
• Schedule makeup parenting time for wrongfully denied time (MCL 552.642)
• Initiate joint meetings or mediation to resolve disputes
• Investigate complaints and make recommendations to the Court
• Initiate contempt proceedings for violations

B. Parenting Time Complaints

A parent denied parenting time may file a written complaint with the Friend of the Court. The FOC shall follow up within 56 days per the Michigan Court Rules.

C. Opting Out

☐ The parties do not opt out of FOC services
☐ The parties opt out of FOC services per MCL 552.505d (both parties must complete SCAO Form FOC 101 — Advice of Rights Regarding Use of Friend of the Court Services)

IX. MODIFICATION

This order may be modified only upon a showing of proper cause or change of circumstances under MCL 722.27(1)(c). If the proposed modification would change the children's established custodial environment, the moving party must demonstrate by clear and convincing evidence that the change is in the children's best interest.

X. ENFORCEMENT AND CONTEMPT

Violation of this order may result in:

• Makeup parenting time under MCL 552.642
• A finding of contempt of court, punishable by fine or incarceration
• Modification of custody or parenting time
• Assessment of attorney fees and costs against the offending party
• Other sanctions as the Court deems appropriate

XI. SIGNATURES

STIPULATION OF THE PARTIES:

We, the undersigned, stipulate and agree to the terms of this Joint Custody Order. We understand that this order is enforceable by the Court and the Friend of the Court.

Plaintiff:
Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Defendant:
Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Attorney for Plaintiff:
Signature: _________________________________
Name / Bar No.: [________________________________] / P[____]
Date: [__/__/____]

Attorney for Defendant:
Signature: _________________________________
Name / Bar No.: [________________________________] / P[____]
Date: [__/__/____]

XII. ORDER OF THE COURT

The Court, having reviewed the Stipulation and the file in this matter, and having considered the best interest factors under MCL 722.23 and the joint custody provisions of MCL 722.26a:

FINDS that joint legal and physical custody is in the best interests of the child(ren).

FINDS that the parents are able to cooperate and generally agree concerning important decisions affecting the welfare of the child(ren), per MCL 722.26a(2).

IT IS ORDERED that joint legal custody and joint physical custody are awarded to both parties as set forth in this Stipulated Order.

IT IS FURTHER ORDERED that the Friend of the Court shall enforce the provisions of this Order.

Date: [__/__/____]

_________________________________
Circuit Court Judge
[________________________________] County, Michigan

FRIEND OF THE COURT:

_________________________________
Friend of the Court or Designee
Date: [__/__/____]

Sources and References

• Michigan Child Custody Act of 1970: MCL 722.21 – 722.31
• Joint Custody Authorization: MCL 722.26a
• Joint Custody Definitions: MCL 722.26a(7)(a) (joint legal) and (7)(b) (joint physical)
• Best Interest Factors: MCL 722.23(a)-(l)
• Custody Orders and Modifications: MCL 722.27
• Established Custodial Environment: MCL 722.27(1)(c)
• Parenting Time: MCL 722.27a
• Parenting Time Makeup: MCL 552.642
• Change of Domicile (100-Mile Rule): MCL 722.31
• Friend of the Court Act: MCL 552.501 et seq.
• FOC Mediation: MCL 552.513
• SCAO Forms: https://www.courts.michigan.gov/SCAO-forms/
• FOC Forms: https://www.courts.michigan.gov/SCAO-forms/FOC-forms/