If you’re an Oakland County parent dealing with a divorce or custody dispute, you’ve probably heard about Michigan’s proposed 50/50 custody law. 

You might think that sounds great. Two parents, two homes, half the time with each. But family life doesn’t always fit neatly into a calendar. 

And despite what you may have heard, Michigan does not currently have a law requiring courts to award parents exactly 50/50 custody.

But proposed legislation could change how courts approach parenting time in the future. Here’s what Oakland County parents should know in 2026.

Is Michigan Passing a 50/50 Custody Law?

In April 2026, Sen. Jim Runestad introduced Senate Bills 940, 941, and 942. The proposed legislation would make equal or approximately equal parenting time the starting point in many custody disputes.

However, this would be a rebuttable presumption, not an automatic 50/50 rule.

That means under the proposal, the presumption could be overcome with clear and convincing evidence that equal or approximately equal parenting time would not be in the child’s best interests.

So, no, the law wouldn’t mean your child spends exactly 182.5 days with Mom and 182.5 days with Dad.

What Is the Custody Law Right Now?

At the moment, Michigan courts continue to make custody and parenting-time decisions based on the child’s best interests. 

The law recognizes the importance of maintaining strong relationships between children and both parents. At the same time, courts can consider each family’s individual circumstances when determining an appropriate parenting-time schedule.

That means there’s no one-size-fits-all schedule. And that’s an important point for Oakland County parents. What looks equal on paper isn’t necessarily equal, or practical, in everyday life.

What Would Change If the Proposed Law Passes?

If the legislation becomes law, equal or approximately equal parenting time will become the starting point in custody cases. That could make a big impact on custody negotiations.

Parents may need to provide stronger evidence explaining why a different schedule would better serve their child’s needs. 

What About Safety Concerns?

The proposed presumption does not mean that every family would be pushed into a 50/50 arrangement no matter the circumstances. The legislation allows families to rebut the presumption, especially when equal or approximately equal parenting time would not be in the child’s best interests.

This is an important point in cases that involve serious concerns about a parent’s ability to safely or consistently exercise parenting time. 

The existing parenting-time law allows courts to consider circumstances involving abuse, neglect, transportation difficulties, a parent’s ability to comply with court orders, and other factors affecting the child’s welfare.

That will not disappear because lawmakers are discussing shared parenting.

What Should Oakland County Parents Do?

If you’re currently involved in a custody dispute, you should not assume that the proposed law has changed the rules.

This legislation is still under consideration. For now, Oakland County parents should focus on creating a parenting plan that works for their children, such as:

• Who handles school drop-offs? 
• How will holidays work?
• Who drives to extracurricular activities?
• How will summer vacations be handled?
• What happens when one parent has to work late?

Those details are more important to a child than whether a parenting schedule looks equal on a calendar.

Get the Help You Need for Your Child Custody Case

Michigan’s proposed 50/50 custody law would make a big change in how courts approach parenting time. If enacted, it could make equal or approximately equal parenting time the starting point in many custody disputes.

For Oakland County parents, you want to focus on what will provide your child with stability, consistency, and meaningful relationships with both parents. 

At the Law Office of Melissa M. Pearce, PLC, we can help you make arrangements that serve your child’s best interests. Reach out today and schedule a consultation to discuss your parenting plan or custody concerns.