Securing the Right Custody Arrangement for the Summer – Michigan Lawyers
When should a motion for custody or parenting time for the summer be filed? Many people make the error of planning the filing of their motions. Mid-June marks the start of summer. You should already consult with our attorney and file the necessary motions. For the summer, you would want to change parenting time. How do you go about securing the right custody arrangement for the summer? How do you go about securing the right custody arrangement for the summer?
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This May is a little late to file motions. The court makes extremely thoughtful decisions about children, child custody, and parenting time. They take their time. Even submitting the motion in February would be the very least you should do. Some counties are still feeling the effects of the COVID interruptions. Scheduling a hearing can be a challenge. They are still coping with the consequences of the interruptions. You should submit your motion before the new year. That is if you are already thinking about the upcoming summer. Contact your co-parent and ex-spouse. Put in a motion. provide the papers. Set up an evidentiary hearing by bringing it before the court. Get the order by attending the hearing. You must accept the possibility you may not get the desired order even at the scheduled hearing.
Is there an ideal custody arrangement and parenting time for vacations?
The ideal custody arrangement established the one most satisfactory to both parties. More time, not less, is what every parent wants. Some people wouldn’t even think about sharing that time with the other parent. Naturally, the courts won’t permit that. Many times during the year when your children are scheduled to be with your ex but you would want to be with them. Negotiations are essential during the divorce process. Your attorney can assist you in these arrangements. Come up with and establish an acceptable parenting time arrangement or plan.
A visitation schedule on holidays is based on a schedule the Friend of the Court (FOC) follows. The FOC calendar typically recognizes holidays as “one-day” holidays. FOC alternates three-day weekends on Memorial Day, July 4, and Labor Day. Mother’s Day and Father’s Day weekends can be prolonged. Religious holidays can be included in the curriculum if they are essential to a family.
Vacations are a different story. When children are young, two-week holidays are frequently “non-consecutive”. Children can endure being separated from one parent for two weeks at a time as they get older. Parents are often expected to communicate suggested vacation itineraries by April or May.
The court can decide that the child lives with one parent during even-numbered years. The other parent during odd-numbered years if the schedules are incompatible. Holidays and vacations take precedence over “normal parenting time” and trump it.
Long trips can be divided up or rotated, allowing one parent to go with children to move each year. A child can spend Memorial Day, Labor Day, Easter Sunday, and Christmas Eve with their father. Children can then spend the Fourth of July, Thanksgiving Day, Halloween, and Christmas Day with their mothers. The following year, they can arrange it differently. Parents can disengage throughout the winter and summer holidays. Refer to 16th Judicial Circuit Court General Parenting Time Schedule. It is an essential sample of these arrangements.
This is the mother’s holiday schedule. This is per the Friend of the Court’s regular holiday schedule. In years with even numbers, the mother will observe the following holidays:
[ a ] Easter
[ b ] Fourth of July
[ c ] Thanksgiving
[ d ] Christmas Day noon (until the noon of the next day)
[ e ] Children’s Birthdays
In years with odd numbers, the mother will observe the following holidays:
[ a ] Memorial Day
[ b ] Labor Day
[ c ] Christmas Eve/Christmas (the noon of Christmas Eve until the noon of Christmas Day)
[ d ] New Year’s Day
Check out the Friend of the Court’s regular vacation schedule. The father’s vacation schedule with children will look like this. The father can have these specific days in even-numbered years:
[ a ] Memorial Day
[ b ] Labor Day
[ c ] Christmas Eve/Christmas (the noon of Christmas Eve until the noon of Christmas Day)
[ d ] New Year’s Day
The father can have these holidays in the odd-numbered years:
[ a ] Easter
[ b ] Fourth of July
[ c ] Thanksgiving
[ d ] Christmas Day noon (until the following day)
[ e ] Children’s Birthdays
This is how the holiday schedules with children are going to look.
[ a ] Easter. (9:00 am to 7:00 pm of the same day).
[ b ] Memorial. Memorial Day (9:00 am to 7:00 pm of the same day.
[ c ] Fourth. Fourth of July. (9:00 am to 7:00 pm of the same day).
[ d ] Labor. Labor Day. (9:00 am to 7:00 pm of the same day).
[ e ] Thanksgiving (9:00 am to 7:00 pm of the same day).
[ f ] Christmas Eve December 24 noon (until the noon of Christmas Day).
[ g ] Christmas Day December 25 (from noon of the 25th to noon the next day).
[ h ] New Year’s Day (9:00 am to 7:00 pm).
[ i ] Child’s birthday. For a minimum of three hours.
[ j ] Mother’s Day (Mother can have Mother’s Day from 9:00 morning until 7:00 in the evening of the same day).
[ k ] Father’s Day (Father’s Day from 9:00 morning until 7:00 in the evening of the same day).
You and your co-parent can get along. You can be more flexible with your visitation schedule during the holidays. Always strive to cooperate and negotiate with your co-parent whenever feasible. This ensures you reach an agreement. An arrangement that best meets both your needs and of course, the needs of your children.
When is the best time to file for a change in custody arrangements this summer?
If you are a parent thinking of spending time with your children during seasonal breaks, you can look at the following scenario from Kalkaska County taken from their parenting guidelines:
Spring Break
The non-custodial parent will have spring break in years with even digits. The first day of spring break begins at 6:00 p.m. after school. It concludes at 6:00 p.m. the day before classes resume. The children will live with the custodial parent for the same period. A period is expressed in years with odd numbers at the end. A general itinerary will be communicated to the other parent. This is provided if the children are traveling for more than three days. This is three days away from either parent’s home.
Summer Break
In years with even digits, the non-custodial parent is entitled to the first half of the summer break. The break begins at 6:00 p.m. after daytime classes are complete. The non-custodial parent will have the second part of the summer school break. It ends on Sunday at 6:00 p.m., one full week before the start of the fall session. Attending summer school is required for the children to move on to the following grade. A journey can last longer than three days away from either parent’s home. A basic itinerary will be given to the other parent.
Winter Break
In years with even digits, the custodial parent will have the first half of the Christmas break. The break starts on the day school lets out at 6:00 in the evening. The non-custodial parent will get the second half. It ends the day before school lets out again at 6:00 p.m. For odd-numbered years, the timetable will be reversed. Midway through the Christmas break, at noon, the swap takes place.
By April or May, parents should have a clear schedule for not only this summer but also the following summer especially if the non-custodial parent is looking at moving out of state. The factors that can affect the filing of any change to a custody arrangement are:
[ a ] The timing of the filing of the motion,
[ b ] The response time of your co-parent, and
[ c ] The availability of the judge for a hearing.
Modifications to custody and parenting time should be requested now. Scheduling activities will already be difficult even in June. It’s not because of the availability of summer places to go. It is the availability of the judges. The court judge granting you the modifications may not be available for hearings. Hearings are supposed to accommodate your adjusted parenting time. Some courts are still adjusting to the new normal and have not yet unclogged cases pending during the pandemic.
How do you file a motion to change custody arrangement and parenting time?
If the court must make a choice, it will make every effort to divide custody arrangements. The court decides whether to consider the religious culture based on some factors. In deciding on parenting time, the court will take the child’s situation into account. What is the age of the child? What kind of religious atmosphere did the child grow up in? Is it in the best interests of the child to preserve the religious tradition? You can attempt, but it won’t be easy to understand everything. Speak with your lawyer about it.
Changing custody for summer.
The current custody or parenting time arrangement remains in place. It is enforced. It will be even if you and your spouse agree to change it. Custody stays in place until the judge signs a new one. Find out whether the other parent of your child will consent to the change. Consult your co-parent before making any changes to your custody arrangement. The judge must sign a new order. In the end, it should be simpler to do the petition if both parents just agreed.
Submit a motion to the court. Ask the judge to change the custody order in your family law case whether the other parent is on board. If you file a motion, you are known as the moving party, and the other parent is known as the respondent. Use the form titled Objection to Ex Parte Order and Motion to Rescind or Modify if you want to change an ex parte order. The party served with the ex parte order has 14 days to file the form.
To file your motion, you must pay a fee to the court. If you receive public aid or are unable to pay the fee, you can request that the court waive it. Request a hearing date from the clerk when you submit your motion. In your motion’s Notice of Hearing section, include the hearing details. After that, serve the other parent with the motion. The other parent must receive the motion via mail at least nine days before the hearing. If not, you must deliver it to them at least seven days beforehand. The Motion Regarding Custody’s remaining directions should be followed.
When serving documents through email, bear the following guidelines in mind:
[ a ] Each file must be in PDF format; deliver it to them at least seven days beforehand. The Motion
[ b ] The court name, case name, case number, and the title of each document must be included in the email subject line;
[ c ] A document sent on the same day if emailed at or before 11:59 p.m. is deemed served. The following business day is deemed to be the day of service if the email is sent on a weekend or legal holiday;
[ d] Emails you send to the other party must not be deleted. This is most important for emails that serve as legal documents. A decision or final order is going to be rendered. All appeals will be exhausted. You must maintain a record of all sent items.
Read the papers. If a Motion Regarding Custody has been served on you, read it right away. It is critical to comprehend the judge’s requests from the opposing side. The hearing’s date, time, and location are also crucial to know.
You have three options if the other parent of your child files a motion to change custody:
[ 1 ] Participate in the hearing and submit a written answer.
[ 2 ] Just take part in the hearing
[ 3 ] Avoid taking any action.
Check out the Michigan One Court of Justice website. It has a Response to Motion Regarding Custody form that you can utilize. It is a good idea to file a written answer besides appearing at the hearing. The judge can have a chance to read it and comprehend your position before the hearing. Even if you support changing custody, you might still wish to respond to the motion.
You can still take part in the court hearing even if you don’t submit a response. Attending the hearing is crucial so you can respond to the judge’s inquiries. The judge may conduct the hearing without you. Show up for the hearing on time. If you don’t, and there is documentation proving you were served, the judge can modify custody without consulting you.
There are tight time limits for court cases. You must submit a written reply to the motion to the court clerk. You must do this at least three days before the hearing if you choose to do so. Five days before the hearing, you must send or deliver a copy to the opposing party. Or you may provide it in person three days prior. Adhere to the directions included with the Response to Motion Regarding Custody.
Changing parenting time for summer.
Look at what your court order says about your parenting time schedule. Read through it before making any changes. A parenting schedule specifies when exactly you can have the children. It may be included in your court order. Or, the order may just state that there should be fair or consistent parenting time. Dates, times, and any other requirements must be acceptable. Parenting time must be agreed upon by both parents.
Check to see if your co-parent will accept the change. There’s no need to file anything with the court. Your current parenting time arrangement is appropriate. The other parent must be on board with the adjustment. The other parent may agree. The judge must approve if your order specifies a parenting time plan. Until a new order is signed by the judge, a schedule-based order is in force.
Both parents can request approval from the judge. They won’t have to file a motion. The co-parents must have concurrence to alter a particular parenting time schedule. There won’t be a court hearing unless the judge demands one.
In your family law case, you can submit a Motion Regarding Parenting Time. The other parent can refuse to accept the modification you want. For the judge to reevaluate parenting time, there must be a good cause or a change in circumstances. The kind of modification you want is affected by different criteria. A judge uses criteria for what counts as a proper cause or change in circumstances.
It is difficult to establish if you ask for a larger change in parenting time. You can ask for a smaller change but the amount of parenting time you want affects custody. It would be most difficult than just changing parenting time.
Complete and submit the form Objection to Ex Parte Order and Motion to Rescind or Modify. You use this if you want to change a parenting time ex parte order (a temporary order made without a hearing). Served with the ex parte order you now have 14 days to file this form. You’re the moving party. You are the one filing the motion. The Respondent is your co-parent responding to your motion.
To file your motion, you must pay a fee to the court. Ask the court to waive your fees if you’re already receiving public aid. Or, you are financially unable to pay the fee. The court clerk schedules a hearing after you file your motion. The date will depend on the judge’s availability. Find out your hearing date and time from the clerk. Include the hearing information in the notice that comes with your motion. The Respondent should get the motion and hearing notice.
The other parent may submit a rebuttal following the filing and service of your motion. Carefully read the respondent’s answer. The answer should say if the other parent supports or opposes each point made in your motion. Depending on your county, a meeting can be arranged with the Friend of the Court first. Or you can have a hearing set in front of a judge or referee. You and your co-parent have an opportunity to present each of your position. You can present why parenting time should be altered. You can show why it should be left unchanged in the meeting or hearing. Bring any supporting documentation for your claims.
Realize that once the parenting time plan is made, it must be implemented. Consistency is an essential part of it from a legal standpoint and for the children’s welfare. Children rely on this plan just as much as parents. Knowing where your children will be and who they’ll be with each week will help them manage their daily life.
Whatever you do has a tremendous effect on your children. More than anything, ensure you spend as much time as you can with your children. Keep things fair and prevent disagreements with your co-parent. Many co-parents in Michigan subscribe to a standard parenting time schedule. The schedule offers flexibility in how time spent with children is divided.
You may have the ideal timetable and structure in mind. Try the state guidelines first. Stick to the guidelines. It may be necessary to get things off to a good start. So much taxpayer money, effort, and time were poured into this. The state is already invested in the children’s best interests. It might be better to just give it a shot without trying anything original first.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.