In sum, although court’s have created two types of custody (Physical and Legal), however, there is really only one type of custody that has two parts (The frequency of parenting time (MCL 722.26a(7)(a)) and decision making authority (MCL 722.26a(b)(b).
In Michigan, a custodial parent is the the parent with whom a child spends the majority of overnights with during the course of a year. This definition is similar to that used by the Internal Revenue Service when determining dependent status for tax purposes.
The phrase custodial parent is not defined in Michigan divorce or custody law. However, the term has evolved to mean the parent that is awarded the majority of parenting time in a specific Michigan divorce or custody case. Michigan statutes and case law have defined two types of custody in Michigan. Legal custody and physical[…]
On topic that seems to come up more than any is the notion of physical custody. Unlike legal custody, which awards a parent with access to the educational, medical, religious and other pertinent records of the child. Physical custody in Michigan is not easily defined. In fact, the Michigan Child Custody Statute MCL 722.26a does not[…]
The phrase “physical custody” has a troubled history and future in Michigan. In fact, the “physical custody” is also viewed by many as politically incorrect. After all, who wants to think of a parent having physical custody of a child. The future of the phrase also seems at risk as many Michigan divorce and custody[…]
What happened to physical custody in Michigan? When I began practicing divorce law almost 20 years ago the phrase “physical custody” in Michigan had specific meaning. The phrase physical custody in Michigan identified which parent a child spent the majority of the time. The other parent had “parenting time’. Things have changed. Now almost 20[…]
Physical custody in Michigan: By: Daniel Findling Physical custody in Michigan explained. Unlike legal custody, which awards a parent with access to the educational, medical, religious and other pertinent records of the child. Physical custody in Michigan is not easily defined. The problem with defining Physical custody in Michigan arises from the current child custody[…]