Dealing With an Ex Who Consistently Misses Parenting Time #ChooseGoldmanLaw

What do you do with an ex who is chronically not showing up for parenting time? The little ones are prepared. They are eager to see Mom. eager to see Dad. They are impatiently waiting at the window for the car to arrive, but it doesn’t. Before that, there is an explanation. There usually follows an explanation, although occasionally there isn’t. How does one deal with an ex who consistently misses parenting time?

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There might be a crisis. It might be the co-parent’s phone was lost. They could be in a bad zone. Maybe once or twice is acceptable. Informing your attorney is the proper course of action. This situation can be persistent. Ask your attorney to submit a motion. Request that the court put a hold on parenting time until this ongoing issue is handled. Let the court invite everyone in so it can determine the underlying cause of the issue. It’s impolite and disrespectful toward everyone.

What is child custody? What is parenting time?

The obligation to raise and watch over your child until they become 18 is known as custody. One or both parents may be given custody by the court. There are two types of custody recognized in Michigan: legal and physical. The right to make choices that may significantly affect your child is known as legal custody. Legal custody provides you the authority to make decisions. You have control over the education, health treatment, and religious upbringing of your child. Your child’s daily residence is referred to as physical custody. It requires looking after and watching over your child physically. A child’s parents must agree on parenting time schedules. The court must order those schedules. It is obligated to do so unless parenting time schedules are not in the child’s best interests. It must be backed up with persuasive and vivid proof. A child has the right to spend time with both of their parents.

A parenting time order allows time for the children and the non-custodial parent. Michigan Child Custody Act (MSA 25.312(7a) and Michigan Compiled Laws (MCL) 722.27a(1-3). It says parenting time must be awarded to a parent in the child’s best interests. A child’s close relationship with both of his or her parents is assumed to be in the child’s best interests. A parent is allowed parenting time. It is granted in a frequency, length, and manner intended to foster a close bond between the child and the parent.

What happens if the co-parent fails to keep the parenting time?

Make sure that your order contains specific parenting time clauses. Clauses that the court can enforce. Look for clauses such as the number of overnights per month or the drop-off time. If you ask them to, the FOC is compelled to assist you in creating your written complaint. The FOC will inform your co-parent of your complaint. Verify if the complaint was filed beyond 56 days following the parenting time infraction. The FOC might decide not to take any action.

You will be urged by the FOC to try to settle the conflict between you and your co-parent. If the other parent fails to respond to the complaint or your issue cannot be settled, the FOC may:

[ a ]  Make up for missed parenting time, order a visitation.

[ b ]  Submit a motion to alter the parenting schedule

[ c ]  Request a show-cause hearing order

The judge determines whether the other parent of your child is in contempt of court for disobeying the order during a show cause hearing. The judge will also select the appropriate remedies.

You should appear at any hearing the court schedules to determine show cause. Inform the FOC of the custody or parenting time infraction. You can also inform the FOC of the remedy you wish to request from the court.

You have the right to submit your Motion and/or Order to Show Cause. This might be difficult. You might be sent back to the FOC by the court, which would lengthen the procedure. The delay can be an issue if you need to file your motion right away. Talk to your attorney to save you all the complications.

What can you do if the co-parent is not showing up for parenting time?

Do not allow the court to assume that your objections are unimportant. Don’t fall for the usual “he said, she said” arguments. Your spouse is already violating the custody agreement and parenting plan. Have records for everything. Keep track of the instances in which your ex violates the parenting arrangement. Use a blank calendar. Keep a record of any instances where the other parent is late. Keep notes every time your co-parent gives you false information.

Facebook and Instagram posts always contain time stamps. You can use this social media information. Show that the co-parent was breaking the parenting agreement. Your lawyer will need this kind of documentation if you decide to take the case to court. Your child or children are the most important thing in the world. Speak with your attorney first. Talk about your co-parent not abiding by the custody and parenting time order.

You can change the parenting time ex parte order. Use a form titled Objection to Ex Parte Order and Motion to Rescind or Modify. A temporary order issued ex parte is one that was made without a hearing. You have 14 days to file this form after receiving the ex parte order and being served with it. If you submit the motion, you are the moving party. The other parent is the Respondent. For your motion, you must pay the necessary filing fee to the court. You might be receiving public aid or are otherwise financially unable to pay the charge. Parties can ask the court to waive the fees.

When you file your motion, the court clerk sets a hearing date for you. The clerk will be able to tell you the date and time of the hearing. When you include your motion with a hearing notice, be sure to include this information. The motion and hearing notice must then be delivered to the respondent. After the filing and service of your motion, the opposing parent submits a rebuttal. Read the response carefully if you receive one. The other parent agrees with or disagrees with each argument you make in your motion.

Meet with the Friend of the Court (FOC) before the hearing. Or, hold a hearing in front of a judge or referee, depending on your county. If you and the other parent of your child have a parenting time disagreement, you need this. Both you and the opposite party will have a chance to state your case. During the meeting or hearing, each of you will argue for or against changing parenting time. Bring any evidence you have to support your accusations.

Meet with the FOC representative. The FOC gives the judge advice on whether to change parenting time. If you have to go before a judge, the judge may decide to modify your parenting time. It can happen either during or after the hearing. A referee can conduct a less formal hearing and prepare a suggested order for the judge. A referee can be appointed by the court to handle the request.

You might not be able to do a first meeting with the FOC. The judge or referee may send your motion to the FOC for an investigation and recommendation. After conducting an inquiry, the court decides. The court can include a recommendation from the referee or the FOC worker in a final order in your case. You will have an opportunity to reject the suggestion before that happens.

The court can mandate you take an alternative dispute resolution (ADR) process. This is another effort to settle the issue. This could be FOC mediation, private mediation, or another FOC meeting.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.