Is It Possible to Create a Child Custody Agreement Without Going to Court in Michigan?

Anna Tsaturova, Michigan managing attorney | Marble Law

Michigan managing attorney at Marble Law

Published March 10, 2025 · 3 min read

Key Takeaways

A child custody agreement is a legal document that outlines parental rights and responsibilities after separation.
Parents can create custody agreements through mediation or negotiation without going to court.
The agreement must focus on the child's best interests and include visitation, decision-making, and child support details.
Legal guidance helps ensure the agreement is comprehensive and legally binding.
Cooperation and clear communication between parents are key to developing an effective custody plan.

What Is a Child Custody Agreement?

A child custody agreement is a formal document that outlines how parents will share custody and make decisions for their child after a separation or divorce. It covers key aspects such as physical and legal custody, visitation schedules, decision-making authority, and child support.

When both parents agree on a plan that prioritizes the child’s best interests, they can avoid court intervention and create a more cooperative co-parenting arrangement. However, for the agreement to be legally enforceable, it must meet Michigan’s custody laws and be approved by the court.

Is It Possible to Get a Child Custody Agreement Without Going to Court in Michigan?

Yes, parents can create a custody agreement outside of court through mediation, collaborative law, or direct negotiation. These methods allow both parties to work together to create a plan that meets their child’s needs without the stress and cost of litigation.

While out-of-court agreements offer flexibility, they must be carefully drafted to ensure they are legally binding. Once both parents agree on the terms, they must submit the agreement to a judge for approval. If the court determines the agreement is fair and serves the child's best interests, it becomes legally enforceable.

Steps for Creating a Legal Child Custody Agreement

If you and your co-parent want to create a custody agreement without going to court, follow these key steps:

Determine Parenting Goals – Have an open discussion about your child’s needs, routines, and how you plan to share responsibilities.
Negotiate a Visitation Schedule – Outline a detailed plan, including weekdays, weekends, holidays, school breaks, and transportation arrangements.
Draft a Comprehensive Custody Plan – Include terms for legal custody (who makes major decisions) and physical custody (where the child will live).
Consult a Family Lawyer – A lawyer can help ensure the agreement is legally sound and accounts for all necessary details.
Outline Child Support Terms – Define financial responsibilities, including medical expenses, education costs, and other necessities.
Submit the Agreement for Court Approval – Even if the agreement is made outside of court, a judge must review and approve it to make it legally binding.

These steps ensure that both parents are clear on their responsibilities and that the child’s well-being remains the top priority.

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How Family Lawyers Can Help in Creating a Child Custody Agreement

Creating a custody agreement without going to court can be challenging, especially when ensuring it meets legal requirements and protects your child's best interests. A family lawyer can help facilitate productive negotiations, draft a legally sound agreement, and ensure all necessary provisions are included to prevent future disputes. If you're looking to establish a fair and enforceable custody plan, Marble’s legal team can guide you through the process with clarity and confidence.