Protecting Your Rights as a Custodial Parent – Michigan Law
How can custodial parents safeguard their rights? When deciding who gets custody of the children, there are some preliminary rights. Custodial rights need to be protected after the initial rights are established. You need to take the initiative in protecting your rights as a custodial parent.
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The custodial parent has the right to assume that the child will be returned on the day that they are supposed to. The court’s order outlines your legal entitlement to a certain degree of communication. You would want to get along as co-parents. Be understanding of some parenting-time deviations. This could be a precarious situation. You can be breaking the established court schedule while turning a blind eye. You risk looking helpless and being taken advantage of. Ensure that you record the deviations to preserve your rights. You don’t want to set precedents that can be a basis for modifications in the future.
What is a custodial parent?
In Michigan, custodial parents spend the most time with children. Children spend the bulk of their overnights each year with a custodial parent. This definition is comparable to the one employed by the Internal Revenue Service. It’s a definition used to determine a person’s tax-filing status as a dependent.
You have two kinds of custody. Physical custody and legal custody. The term “physical custody” is no longer commonly used in divorce discussions. Under Michigan law, the terms “physical custody” and “custodial parent” are used interchangeably.
In Michigan, parenting decisions should be made in the child’s “best interest.” The court advises couples to agree on custody. When this is not workable, a judge must make the decision. The court decides based on a list intended to help determine what is in the best interest of the child. The twelve statutory factors are taken into account. Factors are assessed and decided upon by the Court.
Legal and physical custody are distinguished in Michigan by the law. They do not always mandate that they coexist. The parent who has been granted legal custody has certain rights to decide. They can decide on the child’s upbringing, schooling, and medical care. Physical custody refers to having the child live with you and be present physically.
The non-custodial parent typically receives parenting time. The Friend of the Court gives parenting time regulations for each county. The parties can agree on a specified or general scope for the court’s order. Various factors influence parenting time. It is affected by the parent’s work schedules and the children’s ages. It is also influenced by how far apart they live and the children’s school schedules. Extracurricular activities, holidays, and summer vacations can also impact parenting time.
What are your rights as custodial parents?
Courts are occasionally compelled to grant sole custody to one parent. A parent who is found unfit to provide for his or her son or daughter may be the cause of this. The custodial parent is granted complete discretion over decisions that affect their child.
A parent granted sole physical custody of a kid to also have legal custody of the child. As a result, the other parent loses control over the choices made for the child. These are choices on things like health care, education, living arrangements, etc.
Courts can find that one parent is better able to handle everything about the child. The other parent is either likely or capable of making decisions to the child’s detriment. Judges recognize the benefit to the child of having both parents involved in their life. Courts can grant non-custodial parents “Parenting Time.” The specifics of that arrangement would be communicated to both parents by the court. It’s ideal for both parents to collaborate when they can. There are occasions when that’s not possible. Non-custodial parents have limited rights. You can’t interfere with a custodial parent’s decision-making.
Schedules for parenting time can differ. Parents who can cooperate get a less onerous schedule. If the parents are unable to cooperate, the judge may place constraints. The court can give very precise schedules on the parenting-time schedule. A child can be late for visits with his father. The judge might order the custodial parent to make the child ready at a certain time.
A “Friend of the Court” or the FOC is an individual who represents a family court judge. A parent calls the Friend of the Court for help. A parent can do this if the co-parent refuses to follow a court-ordered parenting time or custody. For instance, a father who feels that the mother of his child is denying him parenting time. The father can approach the Friend of the Court in enforcing the parenting time order.
The FOC will initially attempt to resolve the issue through conversations or mediation. These are FOC sessions with both parents. If that doesn’t work, the FOC may ask the judge to change the order or mandate that the parents attend mediation. A parent can disobey a custody or parenting time ruling repeatedly. They cited in contempt of court. The uncooperative parent faces a license suspension. The parent faces a potential 45-day jail sentence if found guilty of contempt of court for the first time. A $100 maximum fine could be imposed on an erring parent.
How do you protect your rights as custodial parents?
You may choose to avoid disagreements. Choose an amicable approach to dealing with a co-parent running interference with custody. Your co-parent is asking for favors ruining your parenting time schedule. It is good you take an effort to be amicable and avoid conflict. This willingness to give in can be misconstrued as a weakness on your part. It opens you to opportunities to be taken advantage of. Don’t create this precedents to changes in custody arrangement or parenting time schedule.
These little moments of deviation can create a pattern. It creates a pattern you are accepting the new arrangements. It can open up a basis for modifications based on these “mutually” accepted changes. How do you protect yourself from these “isolated” instances of deviation? Your co-parent can file a modification of child custody and parenting time. The court asks you as a co-parent if you are okay with the change. If you agree to the modification, you are not required to submit anything to the court. If you disagree, your co-parent fights you. The deviations you allowed might be shown as implied consent. Reasonable parenting time is provided by your current arrangement. If your court order includes a parenting time schedule. The judge can accept any adjustments if you as co-parent are on board. A schedule-based order is valid until the court issues a fresh one.
Protect your parenting time.
Waiting until something goes awry can be too late. Putting together a strategy is the best line of action. In case the other parent begins interfering with it, protect your parenting time. Any interference with family time, no matter how minor, must be addressed. You must fix it before it turns into the new normal. It can be the basis for a petition for modification. There are approaches to fixing this. You must take action before this possible problem turns into a persistent one.
Keep a record of deviations in custody and parenting time.
Maintain a journal and record every detail. Record even minor deviations in custody and parenting time. Your records may reveal a pattern of behavior for the court to consider. Attempt to address the issue by voicing your concerns. The court will be determining which parent is more mature and responsible. You want the court to be made aware of your communications. Show that you are an adult and a good parent.
Stick to your custody arrangement and parenting plan.
A parenting plan is necessary to preserve some stability in your child’s life. Make sure that its meaning is very clear. With your lawyer, go over the correct language to use and the best format for the contract. Unexpected events will be less likely if you are aware of everything in the parenting plan. A parenting plan that meets your needs can be created in collaboration with a lawyer. You might urge your lawyer to include clauses to deal with changes and makeup time. If a dispute emerges, you can avoid going back to court. A lot of parents are increasingly using dispute-resolution procedures.
Keep records of communication with the co-parent about deviations in arrangements.
You might have to refuse these deviations. Whenever you can, email your ex-spouse to explain the situation. If you end up in court, you will have actual proof. Getting counseling is a choice. Try to find a solution before asking for a judge’s help. Write your ex-spouse an email anytime you can to clarify the situation. If you wind up in court, you will have verifiable evidence. Counseling is still another choice. Try to find a solution before asking for legal help.
A parent gets custody and visitation privileges. The court determines these privileges regardless of gender. Gender is not taken into account by state legislation. It is not a factor when determining a parent’s visitation rights and custody of a child. The best interests of the child are considered by the judge when deciding who gets custody and visitation rights. Each parent must abide by the court’s instructions. Each must respect the other parent’s rights. They must do so after the court grants parenting time and custody.
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