The Michigan Child Custody Act provides that the court shall declare the inherent rights of the child and establish rights and responsibilities of the parents as to custody of the child. The "best interests" of the child control the Court's determination regarding custody. (MCL722.24 and MCL 722.25). 

The courts in Michigan recognize two types of custody: physical custody and legal custody. Physical custody refers to where the child resides and who makes the routine decisions regarding the day-to-day care for the child. Legal custody refers to who makes the important major decisions regarding the child's health, safety and welfare, like educational, religious, medical, and other important decisions. Both types of custody can be either sole, meaning with only one parent/custodian, or joint, meaning with both parents/custodians.

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