When parents part, one of the most
important questions is how much time will each parent have with the child. In
Michigan the time that the non-custodial parent spends with their child is
known as parenting time or visitation. Below you will find a broad overview of
how to parenting time works.
How
Parents Organize Custody and Parenting Time in Michigan
In many cases the parents of the child
will be able to organize
custody and parenting time between themselves. However in some
cases the parents are unable to come to an agreement. In these cases the court
will decide for them based on what is believed to be in the best interests of
the child.
Establishing
Custody of the Child in a Michigan Divorce
Before the specifics of parenting time
can be determined, custody
must first be established. The custodial parent in Michigan is
the one that has the child living with them and is the primary parent
responsible for the child. If
custody is disputed the parent can file a complaint with
the circuit court in their county.
Reasonable
vs. Specific Parenting Time
Court orders will often call for
“reasonable” parenting time. This is where parenting time is stipulated but the
exact dates and times are left out. Generally reasonable
parenting time is considered to be at least every
second weekend, one or two weeknights, and half of the school holidays.
Alternatively, the court may lay out
specific parenting times. This is where specific dates and times will be
selected for parenting time. This is usually used in cases where the two parents
are unable to communicate properly with each other.
In Michigan, if a specific parenting
schedule is set up, the non-custodial parent will generally have parenting time
every second weekend, one night a week, and on alternate holidays. These
holidays will alternate each year so if a child stays with one parent for Thanksgiving
one year, then they will stay with the other parent the next year.
Supervised
Parenting Time in Michigan
In some cases it will be necessary for
parenting time to be supervised by a third party. This is usually in cases
where the parent has threatened the child or harmed the child in the past. It
can also be used when the parent is not considered fit to look after the child.
Typically this third party will be a grandparent or other relative of the
child. In some cases an agency or monitored environment will act as this third
party.
Parenting
Time and Child Support Payments in Mt. Clemens, MI
Parenting time is not dependent on
whether the other parent is making court-ordered
child support payments. Even if the other parent is not
making these payments the parent with custody must still allow for parenting
time.
What
to Do If a Parent Disobeys the Michigan Court Order
If a parent disobeys the court order in
regard to parenting time, the other parent can contact the friend of the court
and ask that they initiate enforcement of the parenting time order. The friend
of the court will start to initiate enforcement of the custody order when the
complaint is received in writing. Alternatively the parent can request their Michigan
divorce attorney file a motion to change the parenting order.
Seeking
Further Guidance from a Michigan Divorce Attorney
Parenting time is designed to give
equitable time with the child for the non-custodial parent. Courts will decide
the amount of parenting time and custody based on the best interests of the
child. If you have any questions about parenting time or custody orders, the
next step should be to consult with a Michigan divorce attorney who will be
able to advise you of your best course of action.
Contact Femminineo Attorneys, PLLC to schedule your free initial consultation, get Michigan divorce help, and discuss your situation.
Femminineo Attorneys
Michigan Divorce Help
110 S Main St #200
Mt Clemens, MI 48043
United States
(586) 954-9500
