(1) In custody disputes between parents, the parents shall be advised of joint custody. At the request of either parent, the court shall consider an award of joint custody, and shall state on the record the reasons for granting or denying a request. In other cases joint custody may be considered by the court. The court shall determine whether joint custody is in the best interest of the child by considering the following factors:
  (a) The factors enumerated in section 3.

Terms Used In Michigan Laws 722.26a

  • best interests of the child: means the sum total of the following factors to be considered, evaluated, and determined by the court:
  (a) The love, affection, and other emotional ties existing between the parties involved and the child. See Michigan Laws 722.23
  • Child: means minor child and children. See Michigan Laws 722.22
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Parent: means the natural or adoptive parent of a child. See Michigan Laws 722.22
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
    •   (b) Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.
      (2) If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record, based upon clear and convincing evidence, that joint custody is not in the best interests of the child.
      (3) If the court awards joint custody, the court may include in its award a statement regarding when the child shall reside with each parent, or may provide that physical custody be shared by the parents in a manner to assure the child continuing contact with both parents.
      (4) During the time a child resides with a parent, that parent shall decide all routine matters concerning the child.
      (5) If there is a dispute regarding residency, the court shall state the basis for a residency award on the record or in writing.
      (6) Joint custody shall not eliminate the responsibility for child support. Each parent shall be responsible for child support based on the needs of the child and the actual resources of each parent. If a parent would otherwise be unable to maintain adequate housing for the child and the other parent has sufficient resources, the court may order modified support payments for a portion of housing expenses even during a period when the child is not residing in the home of the parent receiving support. An order of joint custody, in and of itself, shall not constitute grounds for modifying a support order.
      (7) As used in this section, “joint custody” means an order of the court in which 1 or both of the following is specified:
      (a) That the child shall reside alternately for specific periods with each of the parents.
      (b) That the parents shall share decision-making authority as to the important decisions affecting the welfare of the child.
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