You and your co-parent get parenting time. In order to ensure that you both have parenting time, you collaborate with your co-parent. Your co-parent is called away for work and leaves you with the kids. You naturally collaborate knowing you may need to request a favor for a similar reason. Your ex complains they don’t have enough parenting time.
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Keep in mind that parenting time is designed so you may spend time with your kids frequently and regularly. According to your separate schedules, it contains a decent amount of time for each. Your demands for favors can be causing the parenting time schedules to be disturbed. Later on, you might not be in a position to gripe about your own lack of parenting time. Your co-parent owes you no make-up time. You are the one interfering with parenting time established by a court order.
What should your parenting time schedule look like?
Take into account the developmental stage your child is at. You may have several children. They are in various developmental phases. From infancy to high school, there are various developmental stages, as follows:
[ a ] Infant babies (from birth to 12 months)
[ b ] Toddlers (from 12 months to 3 years)
[ c ] Young children (from 3 to 5 years)
[ d ] Elementary school (from 5 to 10 years)
[ e ] Middle school (from 10 to 14 years)
[ f ] High school (from 14 to 18 years)
Understand the components of each of these stages. Doing that is comparable to taking a child development course. There are factors such as those related to development and emotion. You need to consider communication, and parenting time schedules. Take into account each of the phases or levels in the child’s development. Safety concerns are also considered.
Parents who need to develop a parenting time schedule can benefit from the Parenting Time Guidelines produced by the Friend of the Court Bureau. You can use the sample schedules in the Guideline as a place to start. In relation to parenting time, it also contains information regarding the developmental needs of kids at various ages. The Parenting Time Guideline includes a variety of topics. It covers long-distance parenting and parental visitation with inmates. The guideline also includes how to deal with domestic violence situations.
You will find as many parenting time schedules as there are counties dealing with divorce and child custody matters. That is if you are seeking a suggested parenting time schedule. Parenting time regulations are really published by each county separately. Parenting time rules have been published by the state of Michigan.
The State Court Administrative Office of Michigan’s Michigan Parenting Time Guideline, which was modified in March 2022, presented 14 examples of parenting time schedules to show how parenting time should be determined by the parents. It was published in February 2021. These serve as examples or guides. Each family’s parenting schedule could be as special as their child’s developmental requirements.
How can I change my parenting time?
Ask if your co-parent accepts the change. You don’t have to submit anything to the court if the other parent is on board with the change. Your present order provides for reasonable parenting time. Even if the other parent is on board, the judge must still approve any changes to your parenting time schedule if your court order specifies one. Until the judge signs a new order, a schedule-based order is in force.
Without filing a motion, both parents may request the judge’s approval of a proposed order if they both agree to alter a particular parenting time schedule. There won’t be a court hearing in that scenario unless the judge demands one.
Submit a Motion Regarding Parenting Time. Do this in your family case if the other parent does not consent to the modification you desire. For the judge to reassess parenting time, there must be a good reason or a change in the circumstances. Depending on the type of change you request, different things count as a proper cause or a change in circumstances. Ask for small modifications in parenting time. It is easier than major changes in custody.
What happens when I file a motion for changing my parenting time?
Use the form titled Objection to Ex Parte Order and Motion to Rescind or Modify if you want to modify a parenting time ex parte order. An ex parte order is a temporary order made without a hearing. After being served with the ex parte order, you have 14 days to file this form. You are the moving party if you file the motion. The Respondent is the other parent.
Pay the appropriate filing fee to the court for your motion. Ask the court to waive your fees if you receive public assistance or if you are financially unable to pay the fee.
The court clerk schedules a hearing for you when you file your motion. You can find out the hearing date and time from the clerk. Include such information in the hearing notice that you include with your motion. The Respondent must then be served with the motion and hearing notice.
The other parent submits a rebuttal following the filing and service of your motion. If you get an answer, carefully read it. It should specify if the other parent supports or opposes each point made in your motion.
Depending on your county, meet with the Friend of the Court or FOC first or hold a hearing in front of a judge or referee. You need this if you and the other parent of your child dispute parenting time. You and the other party will each have an opportunity to present your case. Each of you will show why parenting time should be altered or left unchanged during the meeting or hearing. Bring any supporting documentation for your claims.
Meet with a representative of the FOC. FOC advises the judge whether to modify parenting time. If you are required to go before a judge, the judge may make a decision regarding changing parenting time either during or after the hearing. The request could also be referred by the court to a referee, who would conduct a less formal hearing and draft a suggested order for the judge.
A judge or referee may send your motion to the FOC for an investigation and recommendation if you didn’t first meet with the FOC. The judge will decide whether to make a suggestion from a referee or the FOC worker into a final order in your case after conducting an investigation. Before that occurs, you will have a chance to object to the advice.
In an effort to resolve the conflict, the judge can also order you and the other parent to take part in an alternative dispute resolution (ADR) procedure. This could be mediation with a private mediator, another FOC meeting, or FOC mediation.
What if I or my spouse is in active military service?
If a child’s parent is serving in the military, changing custody or parenting time may be challenging. Finding and serving papers on a service member who is stationed abroad could be challenging. T here are federal and state laws that extend additional civil protections to service members.
If either parent requests a delay of the proceedings, the judge may do so if a parent is serving a military assignment at the time the application to modify custody or parenting time is submitted.
In most cases, a judge cannot alter custody or parenting time from what it was at the time of the parent’s deployment. The only exception is if the judge determines that there is strong proof that changing custody or parenting time is in the child’s best interests. A provisional order may be made in this situation by the judge.
The deployed parent must notify the court within 30 days of the deployment’s completion if the judge issues an interim order. The parenting time order that was in place just before the deployment will then be reinstated by the judge.
After the deployed parent returns, the other parent may submit a motion to modify custody or parenting time. When evaluating a child’s best interests, the judge is not permitted to take into account a parent’s deployment-related absence.
What if a parent is incarcerated?
Inform the court if the other parent of your child is being held in a Michigan prison. To verify the parent’s prison ID and location, get in touch with the Department of Corrections. Declare the following details in your motion:
[ a ] The fact that the other parent is a prisoner
[ b ] Prison identification for the other parent
[ c ] Where is the other parent?
[ d ] That Michigan Court Rule 2.004 mandates a phone hearing
If you are an incarcerated parent, get permission to take part in the hearing. Take part by phone, teleconference, or in person, as determined by the court.
Your co-parent is incarcerated. You are still required to let them know of the motion hearing. Fill out the certificate of mailing on the remaining copies of your motion. Mail the papers to the prison. Two copies should be filed with the court clerk’s office. One copy of the motion should be kept for your records.
It might be difficult to modify parenting time. Even more so if it will compromise custody. Get legal counsel. You might be eligible for free legal services if you have a modest income. Try hiring a lawyer for only a portion of your case rather than the entire thing. This is called limited scope representation. Go for it if you are unable to obtain free legal representation. Or, you cannot afford to pay expensive legal fees
How does a judge decide the appropriate parenting time?
You must have a sufficient cause or a change in circumstances for the judge to approve a change in parenting time. Demonstrate that the current order is no longer in your child’s best interests. It is the way to do it if all you are seeking is to amend, add, or remove a parenting time requirement. It may be more difficult to demonstrate a valid reason or scenario for any other change in parenting time.
Even routine changes in your child’s life may be sufficient to qualify as a change in circumstances. It can be if the requested change will have an impact on how frequently and how long parenting time occurs. It won’t change the custody arrangement, however.
The sought parenting time change must have a meaningful impact on the existing custody arrangement. You must demonstrate that the situation has changed in a way that goes beyond your child’s regular life changes. You must also offer proof that the modification has affected your child or is extremely likely to do so. A valid reason must connect to at least one of the 12 “best interests of the child” factors if modifying parenting time may affect custody. It must affect the child significantly or be likely to do so. A shift in circumstances is comparable to justification. A valid cause is something that occurred after the judge approved the previous custody order. It can qualify as a change in circumstances. Your present order will remain in effect if you are unable to demonstrate good cause or a change in circumstances.
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