Michigan Sole Custody Agreement

STIPULATED ORDER FOR SOLE 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 FINDINGS

A. Parties

Custodial Parent (☐ Plaintiff / ☐ Defendant):
Name: [________________________________]
Address: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Non-Custodial Parent (☐ Plaintiff / ☐ Defendant):
Name: [________________________________]
Address: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

B. Children Subject to This Order

C. Proceeding Type

☐ Judgment of Divorce
☐ Order of Filiation / Paternity Action
☐ Separate Custody Action under MCL 722.26
☐ Modification of prior order dated [__/__/____]

D. Basis for Sole Custody

Michigan law does not presume joint custody. Under MCL 722.25, if a child custody dispute is between parents, the court shall consider awarding custody to either or both parents. The parties stipulate, or the Court finds, that sole custody is appropriate because:

☐ Joint custody is not in the children's best interests because the parents are unable to cooperate and generally agree concerning important decisions (MCL 722.26a(2))
☐ History of domestic violence (MCL 722.23(k)): [________________________________]
☐ Substance abuse by the non-custodial parent: [________________________________]
☐ Non-custodial parent's prolonged absence or unavailability: [________________________________]
☐ Geographic distance between parents: [________________________________]
☐ Mental health or capacity concerns: [________________________________]
☐ History of parental alienation or interference: [________________________________]
☐ Non-custodial parent's agreement to sole custody
☐ Other: [________________________________]

II. BEST INTEREST ANALYSIS — MCL 722.23

The Court has considered and weighed each of the twelve best interest factors:

(a) Love, affection, and emotional ties existing between the parties and the child:
[________________________________]

(b) Capacity and disposition of the parties to give the child love, affection, guidance, and continue education and religion:
[________________________________]

(c) Capacity and disposition to provide food, clothing, medical care, and other material needs:
[________________________________]

(d) Length of time the child has lived in a stable, satisfactory environment, and desirability of maintaining continuity:
[________________________________]

(e) Permanence, as a family unit, of the existing or proposed custodial home:
[________________________________]

(f) Moral fitness of the parties:
☐ No concerns ☐ Concerns noted: [________________________________]

(g) Mental and physical health of the parties:
☐ No concerns ☐ Concerns noted: [________________________________]

(h) Home, school, and community record of the child:
[________________________________]

(i) Reasonable preference of the child, if of sufficient age to express preference:
☐ Child too young to express preference
☐ Child age [____] expressed preference for custodial parent
☐ Child interviewed by ☐ Court ☐ FOC investigator ☐ Guardian ad Litem
☐ Child's preference: [________________________________]

(j) Willingness and ability of each party to facilitate a close and continuing parent-child relationship between the child and the other parent:
[________________________________]
(Note: A court may not consider negatively any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the other parent.)

(k) Domestic violence, regardless of whether directed against or witnessed by the child:
☐ No history of domestic violence
☐ History documented: [________________________________]
☐ Personal Protection Order (PPO) in effect: Case No. [________________________________]

(l) Any other factor considered by the court to be relevant:
[________________________________]

III. SOLE CUSTODY DESIGNATION

A. Sole Legal Custody

The Court awards sole legal custody to [________________________________] ("Custodial Parent").

The Custodial Parent has the exclusive right and responsibility to make all major decisions regarding the children, including:

• Education: school enrollment, transfers, special education evaluations and services, IEP/504 decisions, tutoring, private school, homeschooling
• Healthcare: selection of physicians, dentists, and specialists; authorization of non-emergency medical procedures; mental health treatment; therapy; medications
• Religious upbringing: religious education, instruction, and participation in ceremonies
• Extracurricular activities: enrollment in organized activities and sports
• Legal matters: consent to legal actions, passport applications
• Travel: authorization for domestic and international travel

Consultation with Non-Custodial Parent:
☐ The Custodial Parent may, but is not required to, consult with the Non-Custodial Parent on major decisions
☐ The Custodial Parent shall make reasonable efforts to inform the Non-Custodial Parent of major decisions in advance, though final authority rests with the Custodial Parent
☐ Other: [________________________________]

B. Sole Physical Custody

The Court awards sole physical custody to the Custodial Parent. The children's primary residence shall be:

Address: [________________________________]
School District: [________________________________]

The Non-Custodial Parent shall have parenting time as set forth in Section IV.

IV. NON-CUSTODIAL PARENT PARENTING TIME

Under Michigan law (MCL 722.27a(1)), it is presumed to be in the best interests of a child for the child to have a strong relationship with both parents. Parenting time shall be granted in sufficient frequency, duration, and type to allow a child to maintain a close relationship with each parent unless the Court determines by a preponderance of the evidence that parenting time would endanger the child's physical, mental, or emotional health.

A. Parenting Time Schedule

☐ Option 1 — Standard Parenting Time (consistent with FOC Guidelines)

• Alternating weekends: Friday at 6:00 PM through Sunday at 6:00 PM
• One midweek evening: [________________________________] from 5:00 PM to 8:00 PM (no overnight)
• Alternating holidays per Section IV.B
• Extended summer: Four (4) non-consecutive weeks with 30 days' written notice by April 1

☐ Option 2 — Expanded Parenting Time

• Alternating weekends: Friday after school through Monday morning school drop-off

• Two midweek evenings: [________________________________] and [________________________________] from after school to 8:00 PM
  ☐ With overnights ☐ Without overnights

• Alternating holidays per Section IV.B

• Extended summer: Six (6) weeks (may be consecutive or split) with 60 days' notice

☐ Option 3 — Restricted Parenting Time

• Frequency: [________________________________]
• Duration: [________________________________]
• Restrictions: [________________________________]
• Reason for restriction: [________________________________]

☐ Option 4 — Supervised Parenting Time
(See Section V — Supervised Parenting Time)

☐ Option 5 — Custom Schedule
[________________________________]
[________________________________]
[________________________________]

B. Holiday Schedule

Holiday parenting time supersedes the regular schedule.

C. Summer Parenting Time

The Non-Custodial Parent shall have [____] weeks of extended summer parenting time.

• Non-Custodial Parent shall submit preferred dates by April 1 each year
• Custodial Parent's vacation dates take priority if there is a conflict
• Neither parent shall schedule the children for programs during the other parent's summer block without written consent

D. Exchange Provisions

Location:
☐ Curbside at the Custodial Parent's residence
☐ Child's school or daycare
☐ Neutral public location: [________________________________]
☐ Police station lobby: [________________________________] (for safety)
☐ Other: [________________________________]

Transportation:
☐ Non-Custodial Parent responsible for all transportation (pick-up and drop-off)
☐ Custodial Parent responsible for all transportation
☐ Receiving parent picks up
☐ Shared: [________________________________]

Exchange Rules:

1. Children shall be ready at the scheduled time. A 15-minute grace period applies.
2. If a parent will be more than 15 minutes late, immediate notice is required.
3. Failure to appear within 30 minutes without notice constitutes forfeiture of that parenting time period.
4. Parents shall not argue, discuss disputes, or engage in extended conversations at exchanges.
5. All necessary items (medications, school supplies, clothing, comfort objects) shall accompany the children at each exchange.

V. SUPERVISED PARENTING TIME (IF APPLICABLE)

☐ Not applicable — Skip to Section VI.

☐ Supervised parenting time is ordered for the following reasons:
☐ History of domestic violence
☐ History of substance abuse
☐ Concerns about child's physical safety
☐ Concerns about child's emotional well-being
☐ Parental alienation concerns
☐ Reintroduction after extended absence
☐ Other: [________________________________]

Supervision Details:

Supervisor:
☐ Professional supervised visitation provider: [________________________________]
☐ Approved family member: [________________________________]
☐ Supervised visitation center: [________________________________]

Schedule: [________________________________]

Cost: ☐ Non-Custodial Parent ☐ Shared equally ☐ Other: [________________________________]

Supervisor's Authority:
The supervisor may terminate a visit if the Non-Custodial Parent:

• Becomes verbally aggressive or threatening
• Appears to be under the influence of alcohol or drugs
• Engages in inappropriate physical contact
• Disparages the Custodial Parent in the children's presence
• Violates any condition of the supervision order

Transition to Unsupervised:
Supervision shall be reviewed on [__/__/____] or upon motion by either party. Conditions for transition to unsupervised parenting time include:
☐ Completion of substance abuse treatment: [________________________________]
☐ Clean drug/alcohol test results for [____] consecutive months
☐ Completion of parenting classes: [________________________________]
☐ Completion of anger management program: [________________________________]
☐ Completion of batterer intervention program: [________________________________]
☐ Positive reports from supervisor for [____] consecutive visits
☐ FOC investigation and recommendation
☐ Other: [________________________________]

VI. COMMUNICATION AND INFORMATION

A. Parent-Child Communication

The Custodial Parent shall facilitate reasonable communication between the children and the Non-Custodial Parent, including:

• Phone calls: ☐ Daily ☐ Every other day ☐ [____] times per week
• Suggested time: [________________________________]
• Video calls: ☐ Yes, [____] times per week ☐ Not applicable
• Duration: Up to [____] minutes per call

Neither parent shall:

• Monitor, record, or interrupt phone/video calls without court authorization
• Coach the children before, during, or after calls
• Withhold communication as punishment

B. Information Access

The Non-Custodial Parent shall have the right to access (directly from the source):

• All school records, report cards, and educational assessments
• Names and contact information for teachers and school administrators
• All medical, dental, and mental health records
• Names and contact information for healthcare providers
• Schedules for school events, extracurricular activities, and performances

The Custodial Parent shall:

• Notify the Non-Custodial Parent of the children's school and healthcare providers within [____] days of any change
• Provide copies of report cards within [____] days of receipt
• Notify the Non-Custodial Parent within 24 hours of any emergency, serious illness, injury, hospitalization, or involvement with law enforcement or child protective services

C. Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent, their family, or their household in the children's presence. Neither parent shall allow others to do so. Neither parent shall discuss court proceedings, child support, or adult financial matters with the children.

VII. RELOCATION — MCL 722.31

A. Custodial Parent Relocation

Under MCL 722.31, the Custodial Parent shall not change the children's legal residence to a location more than 100 miles from the children's legal residence at the time this action was commenced without the Non-Custodial Parent's written consent or court approval.

Note: Because this is a sole custody order, MCL 722.31(3) provides that the 100-mile restriction does not apply if the order grants sole legal custody. However, reasonable notice and a proposed revised parenting time schedule must still be provided.

☐ Notwithstanding the statutory exception, the parties agree that the Custodial Parent shall not relocate the children more than [____] miles without the Non-Custodial Parent's written consent or court approval.

B. Notice of Any Move

The Custodial Parent shall provide at least 28 days' written notice to the Non-Custodial Parent before any change of residence, including:

• New address and telephone number
• Reason for the move
• Proposed impact on parenting time schedule and proposed adjustments

The Non-Custodial Parent shall provide at least 28 days' written notice before any change of residence.

VIII. ADDITIONAL PROVISIONS

A. Substance Restrictions

☐ Not applicable
☐ The Non-Custodial Parent shall not consume alcohol within [____] hours before or during parenting time
☐ The Non-Custodial Parent shall submit to drug/alcohol testing:
☐ Upon request by the Custodial Parent (maximum [____] per month)
☐ Randomly through the Friend of the Court
☐ At the Non-Custodial Parent's expense
☐ A positive test or refusal to test shall result in: [________________________________]
☐ Both parents subject to substance restrictions: [________________________________]

B. Domestic Violence Safety Provisions

☐ Not applicable
☐ A Personal Protection Order (PPO) is currently in effect: Case No. [________________________________]
☐ All exchanges at a public location or police station
☐ No direct communication between parents; all communication through ☐ email only ☐ co-parenting app: [________________________________] ☐ attorneys
☐ The Non-Custodial Parent shall have no contact with the Custodial Parent except through the designated communication method
☐ Additional safety provisions: [________________________________]

C. Right of First Refusal

☐ Not applicable
☐ If the Custodial Parent is unavailable for more than [____] hours, the Non-Custodial Parent shall be offered the opportunity to care for the children before third-party childcare is arranged

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.

E. Health Insurance and Medical Expenses

Health insurance provided by: ☐ Custodial Parent ☐ Non-Custodial Parent ☐ Both

Unreimbursed medical, dental, optical, and therapeutic expenses:
☐ Custodial Parent: [____]% / Non-Custodial Parent: [____]%
☐ Non-Custodial Parent pays [____]% of all unreimbursed expenses
☐ Other: [________________________________]

Documentation of expenses shall be provided 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)
☐ Child support is incorporated below: [________________________________]

G. Passport and Travel Documents

☐ The Custodial Parent shall retain possession of the children's passports
☐ International travel by the Non-Custodial Parent requires written consent of the Custodial Parent and court approval
☐ The Custodial Parent may travel internationally with [____] days' written notice to the Non-Custodial Parent, providing itinerary and emergency contact information

IX. FRIEND OF THE COURT

A. FOC Authority

The Friend of the Court shall have authority to enforce the parenting time provisions of this order, including:

• Scheduling makeup parenting time per MCL 722.27a
• Initiating joint meetings or mediation
• Investigating complaints
• Recommending contempt proceedings for repeated violations

B. Parenting Time Complaints

A parent who is wrongfully 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. If the FOC determines that parenting time was wrongfully denied, it may:

• Order makeup parenting time
• Modify the parenting time schedule
• Recommend contempt proceedings to the Court

C. Opting Out

☐ The parties do not opt out of FOC services
☐ The parties opt out of FOC services per MCL 552.505d (SCAO Form FOC 101 required)

X. MODIFICATION AND ENFORCEMENT

A. Modification Standard

This order may be modified upon a showing of proper cause or change of circumstances under MCL 722.27(1)(c). Because the children's established custodial environment is with the Custodial Parent, any modification that would change the ECE requires clear and convincing evidence that the change is in the children's best interest.

B. Enforcement

Violation of this order may result in:

• Makeup parenting time (MCL 722.27a)
• Contempt of court (MCL 552.511(1))
• Modification of custody or parenting time
• Assessment of attorney fees 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 Order. We understand it is enforceable by the Court and the Friend of the Court.

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

Non-Custodial Parent:
Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

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

Attorney for Non-Custodial Parent:
Signature: _________________________________
Name / Bar No.: [________________________________] / P[____]
Date: [__/__/____]

XII. ORDER OF THE COURT

The Court, having reviewed the Stipulation, the file, and any FOC recommendation, and having considered the best interest factors under MCL 722.23:

FINDS that sole legal and physical custody to [________________________________] is in the best interests of the child(ren).

FINDS that parenting time as set forth in this Order is in the best interests of the child(ren) and will not endanger their physical, mental, or emotional health per MCL 722.27a(1).

IT IS ORDERED that sole legal custody and sole physical custody are awarded to [________________________________].

IT IS ORDERED that the Non-Custodial Parent shall have parenting time as specified in this 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
• Award of Custody: MCL 722.25
• Best Interest Factors: MCL 722.23(a)-(l)
• Joint Custody (for contrast): MCL 722.26a
• Custody Orders and Modifications: MCL 722.27
• Established Custodial Environment: MCL 722.27(1)(c)
• Parenting Time Presumption: MCL 722.27a(1)
• Parenting Time Makeup: MCL 722.27a
• Change of Domicile (100-Mile Rule): MCL 722.31
• Friend of the Court Act: MCL 552.501 et seq.
• FOC Enforcement Authority: MCL 552.511
• SCAO Forms: https://www.courts.michigan.gov/SCAO-forms/
• FOC Forms: https://www.courts.michigan.gov/SCAO-forms/FOC-forms/
• Michigan Parenting Time Guidelines: State Court Administrative Office (SCAO)