“Parenting time is the term used in Michigan for the time a child spends with each parent when parents do not live in the same home. In Michigan, a child has a right to parenting time with each parent unless a judge determines that parenting time would endanger the child’s physical, mental, or emotional health. Michigan law (MCL 722.27a(1)) recognizes that it is usually in the best interests of a child to have parenting time in a frequency, duration, and type that promotes a strong relationship between a child and parent.”
Parenting time is important, it is a way that both parents can get an equal amount of time to spend with their children. In the State of Michigan when parents cannot agree on a parenting time schedule that works for both parties, it will then be up to the court to make decisions on parenting time and custody. This blog will answer some common questions on parenting time, being informed about this topic will benefit you in your custody case in the long run.
What Is The Difference Between Parenting Time and Custody? 
Parenting time and custody is sometimes used interchangeably which is a mistake when it comes to family law. It is important to be informed about the difference between the two terms so that you know exactly what you need in your custody case. There are two types of child custody, legal custody and physical custody. Physical custody refers to the legal right for that child to live with the parent. Legal custody is when a parent is chosen to make important decisions for the child which includes school choice, health care, and everything else that directly impacts the child’s life.
Parenting time is a specific privilege for a parent to spend time with the child at a designated time and place. When only one parent has physical custody, any visitation is parenting time. In a joint custody arrangement, each parent shares an equal amount of parenting time. Parenting time exists not only for the benefit of the noncustodial parent, but even more so for the benefit of the child as there is a presumption that a strong relationship with both parents is in a child’s best interests. It is important that a child grows up having a relationship with both their parents, parenting time allows this to happen when a couple separates.
How Does the Court Decide Parenting Time
The process of parenting time occurs after one or the other parent receives sole custody of the child. After this the other parent has full rights for legal visitation or parenting time. This right cannot be denied because of unpaid child support or other reasons. Outright denial of parenting time rarely happens in most cases, unless there is a severe problem that might put the child’s well being at risk. The court considers the following factors when deciding how long, how often, and under what circumstances the parenting time will take place:
- The special needs and circumstances of the child/children (the first priority of the custody issue)
- Whether the child is an infant (less than 1) and or nursing (makes the mother a more suitable custodial parent).
- The probability of abuse or neglect during the visit (weighs against the abusive parent)
- The likelihood of abuse or neglect as a result of the visit (same as above)
- How traveling will impact the wellbeing of the child (if both parents live very far apart, the court might disfavor a joint custody arrangement)
- Whether or not the visiting parent is reasonably likely to be able to exercise parenting time in compliance with the court order (The court will not set up an arrangement if it does not think it will succeed. The last thing the court wants to do is create ongoing examples of rule breaking by their parents
- How frequently (if at all) the parent has missed parenting time (Makes a more favorable arrangement less likely for the deficient parent)
- The danger of one parent concealing or hiding the child from the other parent (the court will not abet kidnapping)
- Any other factor relevant to the child’s wellbeing
When the parents can come to an agreement on what the parenting time schedule should be, a judge will likely sign off on it every time. Judges understand that it is always going to be in everyone’s best interests, not just the parents, if both parents can agree on a schedule on their own. It makes far more sense for the parties to compromise than for a stranger to make a decision that will have a major impact on all their lives. However, if the parties cannot come to an agreement that is exactly what will happen.
The court will base parenting time on the best interests of the child. The friend of the court in many jurisdictions provide recommended parenting time schedules on their websites, so it may be beneficial to check that information with the other party to get a good grasp on what reasonable parenting time usually looks like. Parenting time schedules usually provide that the noncustodial parent gets their children for overnight stays at least twice a month, and children are usually with each parent on every other holiday. When the parents live far away from one another, parenting time schedules need to be creative to afford reasonable parenting time to the non-custodial parent.
What If My Work Schedule Makes Summer Parenting Time Difficult?
Busy schedules can sometimes get in the way of parenting time during the summer. If your busy work schedule is interrupting your arranged parenting time, take some time to learn what you can do to alleviate this issue. First remember to communicate with your lawyer and tell them what your scheduling issue is. Your lawyer will be able to help adjust your schedule by talking to the other lawyer and judge. There is always a way to change your parenting time to make it easier for both parties.
How Can I Modify the Parenting Time Arrangement?
The court will only modify parenting time if the person seeking the modification can prove with “clear and convincing” evidence that the change is in the best interest of the child. Your attorney should be able to explain to you what that standard entails. The parent seeking modification must also show a “change in circumstances”. The court insists on a change in circumstances before changing the custody arrangement because it considers consistency and stability to be among the core elements of a child’s best interest.
What If My Ex Refuses To Follow The Existing Parenting Time Plan In Michigan?
When an order court is created for parenting time, it is then set in place and is recognized by The State of Michigan. When your Ex continues to refuse to follow the parenting time you need to immediately go to court and file the motion and prove the other party is denying you the child. There is also an option to modify parenting time and rearrange things in the court. Do not be used and allow the other party to exploit you, if there is a parenting plan set in place then it needs to be followed by the books.
What Do I Do If My Child Refuses To Follow The Parenting Time Schedule In Michigan?
If the child is a lot younger, such as 4 or 5 years old, you should try to encourage & teach your child that this is what the judge ordered and these are the rules that need to be followed. In situations where the child is a teenager, the attitude of the court in terms of forcing the child to go might be a little different. Once the child is older, some courts may give a little more preference and may resist forcing the child to do so. Each case varies and depends on both the child and parent. The best option to solve this problem is to talk to an attorney so that you can come up with some kind of agreement that works for everyone involved in the situation.
Conclusion
Problems with parenting time may happen to you. The main remedy for violating parenting time orders is contempt. A pattern of parenting time denial can result in a change in custody. Recall that preserving the relationship with both parents was one of the factors the court uses to decide physical custody. If your ex can’t be trusted to act in good faith, then perhaps physical custody ought to go to you?
However, merely denying parenting time probably won’t be enough unless the court was already close to giving you custody at the original hearing. The key is that the factors previously considered in addition to the other parent’s misbehavior now tips the “best interest” scale in your favor. There is always an option for parenting time unless there is a danger involved that would affect the child. To get the best result that you desire for parenting time try to work things out with the other party. Remember to keep the best interest of the child as your first priority, ensuring the safety of your child is important. When parents separate it is a difficult process for both the parties and the child, cases like these require a professional.
If you cannot come to an agreement on parenting time then contact Goldman and Associates to speak to our attorneys about your case. For more information on parenting time in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.
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https://www.youtube.com/watch?v=uA3EeXdF_L4
Resources
https://www.youtube.com/watch?v=pGq9anyHZew
https://courts.michigan.gov/Administration/SCAO/OfficesPrograms/FOC/Documents/pt_gdlns.pdf
In The State of Michigan, there are two types of custody, one is legal custody and the other is physical custody. Legal custody allows the parent to make key decisions that impact the child’s life long term. For example, what school the child attends, the medical care the child receives, etc. Physical custody is the right to have possession and control over the child. In other words, physical custody is who the child primarily resides with.