This week, we decided to scan Reddit for a Family Law FAQ and provide a detailed answer.
Yes—but only if you convince a Michigan judge that sole legal and physical custody (“full custody”) truly serves your child’s best interests.
Michigan courts start from the premise that children generally benefit from continuing relationships with both parents, and judges must at least consider joint custody when one parent requests it. Yet the Child Custody Act lets you override that baseline when the facts show the other parent cannot—or should not—share in decision-making or day-to-day care.
Below is a step-by-step guide that explains how to pursue full custody without the other parent’s agreement, the legal standards the court will apply, and the practical evidence you will need to gather and present.
1. Understand What “Full Custody” Means in Michigan
Michigan recognizes two kinds of custody:
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Legal custody
Legal custody in Michigan covers major decisions about health care, schooling, religion, and general welfare of a child or children.
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Physical custody
Physical custody in Michigan covers where your child lives and who supervises daily activities.
“Full” or sole custody means you alone hold both legal and primary physical custody. The other parent may still receive parenting-time (visitation) unless the court finds parenting-time would endanger the child.
2. The Legal Framework You Must Satisfy
Best-Interest Factors
The judge weighs 12 statutory factors—love and affection, capacity to provide, stability of home environment, moral fitness, and so on. You must prove these factors tilt decisively toward you. If either parent asks for joint custody, the court must evaluate it on the record. You can still win sole custody, but you must rebut the idea that shared decision-making is best for the child.
Established Custodial Environment (ECE)
When a child already has “an established custodial environment” with one or both parents, the judge may not disturb that environment unless clear and convincing evidence shows a change benefits the child. If your child has primarily lived with you, leverage this factor.
Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA)
Michigan can only decide custody if it is the child’s “home state,” the original decree state, or certain emergency circumstances apply. Confirm jurisdiction before filing. ([PDF] CUSTODY AND PARENTING TIME INVESTIGATION MANUAL)
3. Circumstances That Often Lead to Being Awarded Sole Custody In Michigan
You do not need the other parent’s consent, but you do need compelling facts such as:
- Domestic violence or abuse (physical, emotional, or witnessed by the child)
- Substance abuse that impairs parenting capacity
- Neglect—failure to provide food, clothing, medical care, or supervision
- Severe mental-health issues left untreated
- Abandonment or extended absence
- Repeated disregard for court orders (e.g., chronic interference with parenting-time)
- Inability to co-parent safely—for instance, a no-contact order between you and the other parent.
4. Gathering Proof That Meets the “Best-Interests” Burden
Because your request conflicts with the default preference for joint involvement, quality evidence is critical. Some examples of evidence and how it can help include:
- Police reports, Personal Protection Orders, CPS findings can corroborate abuse or neglect claims.
- Medical and school records can help show you are the parent meeting daily needs.
- Substance-abuse test results would be useful in demonstrating a risk posed by the other parent
- Witness affidavits (teachers, doctors, relatives) can provide third-party confirmation of claims.
- Digital communications such as texts, emails, or even social posts can be used to establish patterns of threats, abandonment, or non-involvement
- Parenting-time logs & calendars (if kept) can be grounds to establish which parent is providing care for the child.
5. The Procedural Path to Sole Custody
- File a Complaint for Custody or a Motion to Modify in the county where your child lives.
- Serve the other parent. They must receive notice even if they will not cooperate.
- Friend of the Court (FOC) Intake—you will complete questionnaires; the FOC may recommend mediation or conduct an investigation.
- Mediation or Conciliation—if you and the other parent cannot agree, the case proceeds to a formal hearing.
- Evidentiary Hearing/Trial—you present testimony and exhibits; the judge applies the best-interest factors.
- Order & Enforcement—once signed, the order is enforceable; parenting-time violations can be addressed through the FOC.
If the other parent simply fails to answer after proper service, you may request a default judgment awarding sole custody. The judge must still confirm that the proposed order satisfies the best-interest factors.
6. Emergency (“Ex Parte”) Custody Orders
If you believe your child faces immediate harm, you may file an ex parte motion asking the judge to grant temporary sole custody without a hearing. The standard is high. You must show irreparable harm will occur if the court waits for the usual notice period. Ex parte custody orders issue only in true emergencies and are subject to objection by the other parent within 14 days.
7. Parenting-Time After You Win Sole Custody
Even with full custody, the other parent often keeps some parenting-time—perhaps supervised, short-duration, or suspended until conditions (e.g., sobriety testing) are met. If parenting-time itself endangers the child, you may seek to limit or deny it, but courts require strong proof.
8. Termination of Parental Rights vs. Sole Custody
Winning full custody does not terminate the other parent’s legal status. Termination is a separate proceeding (usually under the Juvenile Code) and demands proof of statutory grounds plus clear and convincing evidence that termination is in the child’s best interests. Reserve this option for extreme circumstances such as severe abuse or long-term abandonment.
9. Practical Tips to Strengthen Your Case
- Consult a family-law attorney early: Experienced counsel can ensure filings meet technical rules and gather admissible evidence.
- Document everything—even mundane exchanges can illustrate stability or risk.
- Stay child-focused in court and in communications; avoid venting about the other parent on social media.
- Follow temporary orders rigorously. Demonstrating respect for court authority signals reliability.
- Maintain consistency in school, medical appointments, and extracurriculars; judges equate stability with best interests.
- Support the child’s relationship with the other parent where safe; showing you encourage positive contact can persuade the court you are not motivated by spite.
10. Frequently Asked Questions
Q : Do I automatically get sole custody if the other parent is incarcerated?
A : Incarceration is a strong factor but not an automatic win. You must still file, serve notice, and prove why sole custody is best for your child.
Q : My child is 14. Can the judge just ask them?
A : Michigan judges may consider a mature child’s preference, but it is only one factor and never solely determinative.
Q : How long does the process take?
A : Contested custody cases typically run 6–12 months, depending on court backlog, FOC evaluation timelines, and whether psychological evaluations are ordered.
You can win full custody in Michigan without the other parent’s consent, but only by showing—through solid, admissible evidence—that sole legal and physical custody truly advances your child’s best interests. Start by understanding the statutory factors, gather documentation that speaks to safety and stability, and follow procedural rules to the letter. With a child-centered approach, meticulous preparation, and (ideally) experienced legal counsel, you can overcome the lack of consent and secure the comprehensive custody arrangement your child needs.