There are two types of custody in Michigan, legal custody and physical custody. Interestingly the Legislature had not made a distinction between legal and physical custody; nevertheless, the concepts are different.

Legal custody concerns the authority to make “important decisions affecting the welfare of a child.” MCL 722.26(a)(7)(b). Those important decisions include religion, medical decisions, education, and other matters affecting the welfare of the child

In most situations the court encourages the parents of a child to share in legal custody, commonly known as “joint legal custody.” Courts recognize the importance of both parents having access to a child’s medical and school records, advising each other promptly in situations of emergencies, and to laying a common foundation for the rules and regulations of a child.

Physical custody on the other hand encompasses a parent’s authority to make the day-to-day, routine decisions for the child. Often, the parent who has the child for the greater portion of the year has “sole physical custody” of the child.