In general, the court is biased in favor of helping parents who wish to spend more time with their children. Courts generally assume giving one parent more parenting time is in the child’s best interests. The difficulty will arise if one parent objects to the other parent spending more time with the children.
Click here to watch the video How Can I Prevent My Ex From More Parenting Time in Michigan?
You need to have a very compelling reason why you are preventing the other parent from spending more time with the children. Unless your reasons are directly serving the best interest of the child, the court may not be inclined to support your position of preventing more parenting time for your ex. So when a parent is asking the court for more time with children the court is not about to deny the request.
When a child’s parents are divorced or separated, the court will frequently order that the child spend more time with one parent than the other. The terms “shared physical custody” or “primary physical custody,” with one parent having more parenting time, may be used in the court order to describe this arrangement.
Why Is Parenting Time Granted as a Court Order?
The role of parents has been a frequent topic of discussion in many of our articles regarding parenting and child custody. Parenting and its tremendous effects should not be taken lightly. In our judicial system and society, it is already a recognized fact.
The parent-child relationship and the home environment, which includes all primary caregivers, are the cornerstones of children’s well-being and healthy development, according to decades of research. Children begin learning as soon as they are born, and they depend on their parents and other primary caregivers to keep them safe and take care of them.
The impact of parents may never be more apparent than during a child’s formative years when the brain is quickly developing and virtually all experiences are formed and influenced by parents and the home environment. Parents set the course for their children’s health and welfare throughout childhood and beyond by encouraging the growth and development of their knowledge and abilities.
The courts will attempt to preserve families whenever possible and when using state power is necessary. The court will not separate parents and their children unless there are exceptional circumstances. In regard to children, we have always discussed what is in their best interest. Having children in the custody of devoted and responsible parents is in their best interests.
The laws of Michigan require that children have positive interactions with both parents. The court must consider the best interests of the child while deciding whether to grant or modify custody.
When someone uses the term “best interests,” they’re referring to a set of legal requirements. The ability and willingness of each party to support and foster a healthy, long-lasting parent-child relationship between the child and the other parent or the child and the parents are of decisive consideration. This demonstrates that, from a legal perspective, limiting or refusing parental time is in direct conflict with the child’s best interests.
What Action Can Be Taken Against Me If I Prevent Parenting Time?
The time allotted for a non-custodial parent to spend with their child is known as parenting time. If the custodial parent refuses to give the non-custodial parent parenting time, there can be repercussions. Let’s mention the most common ones.
Contempt of court.
The denying parent could be found in contempt of court as the initial punishment. This implies that a parent who refuses might be hit with a fee or possibly go to jail. If one parent refuses, the other parent might be asked to make up lost parenting time.
Loss of child custody.
The second repercussion is that the parent who refused to share custody may really lose it. The court draws the conclusion that the parent who is refusing to cooperate cannot put the needs of the child first.
The payment of attorney fees.
In addition, the parent who denies parenting time may be responsible for the court costs and attorney fees. A bad idea with potential repercussions is denying parenting time.
If I Can’t Prevent Parenting Time, What Options Do I Have?
Now, realizing how seriously you can be affected by your desire to prevent your ex-spouse from having parenting time, you should start thinking about a better course of action. If you feel you have a legitimate reason not to let your ex-spouse spend time with your child then, do the following:
Talk to your attorney about a modification in the parenting time. Ask for a modification for example from unsupervised to supervised parenting time. Then again, you will have to be very serious about the basis for this motion you’re asking your attorney to do. Your own attorney will advise you against it if it has really no basis.
Maybe your ex-spouse has no problem dealing with you, but you have a problem dealing with your ex-spouse. Maybe you don’t need an attorney but a friend or probably a therapist to help you deal with the emotional issues you’re wrangling with regarding your ex-spouse. These issues might spill over to your relationship with your children. Your emotional issues might grow to be very unhealthy in the long run. If the court starts to notice your own inability to deal with such issues you may have trouble convincing the court you are a fit parent.
What Options Does Your Ex Have if You Prevent Parenting Time?
If you put yourself in your ex’s shoes, you should be aware of how upsetting it might be to be denied parenting time. If your ex is level-headed, your ex doesn’t need to start slamming doors or fighting with you. Your ex-spouse will call an attorney. Your ex will become aware of how to avoid these obstacles you’re putting up after a talk with the attorney and the Friend of the Court.
The steps your ex can take against you.
Your ex will probably take the following steps if your ex’s parenting time ordered by the court has been withheld:
[1] Check the most recent parenting time order issued by the court to confirm that your ex was, in fact, denied parenting time.
[2] Submit a complaint to the FOC office by writing a description of the parenting time infraction. This is the “complaint” about parenting time filed against you.
How may the FOC initiate legal action against the parent who is refusing to grant parenting time?
[ a ] Makeup Parenting Time: Many FOCs begin the enforcement of parenting time with a notice to both parties reminding them that the individual who was denied parenting time must offer the other party makeup parenting time. Either partner may object to the makeup parenting time by writing a written objection to the FOC within 21 days of receiving the notice.
If one of the parties objects, the FOC will pick a different enforcement strategy. If neither party disagrees, the FOC will send the parties another notice alerting them that the makeup parenting time must occur.
[ b ] Using Makeup Parenting Time: Makeup parenting time must be granted within a year and must match the time that was first denied.
Example:
A party is given one weekend of make-up parenting if one weekend was denied. Before using it, the individual who was wrongfully denied parenting time must notify the FOC and the other party in writing.
[ c ] Schedule Mediation: During mediation, the parties meet with a mediator who helps them resolve their dispute over parenting time. The court selects the mediator. If the parties are able to reach an agreement, the mediator will prepare their agreement and ask the court to sign an updated order. If the parties are unable to reach an agreement, the FOC office may opt for a different enforcement strategy.
[ d ] Schedule a Joint Meeting: The FOC may call a joint meeting. A joint meeting of the parties and FOC staff is held to discuss potential solutions to the alleged parenting time infraction. The FOC may set up a joint meeting if the infraction concerns something like pick-up/drop-off times, minor schedule adjustments, or returning a child’s belongings after parenting time. If the parties reach an agreement, a document is drafted by a FOC employee and submitted for the judge’s signing.
If the parties are unable to come to an agreement, FOC employees may propose a court order. If either party files a written objection to the FOC’s recommendation, a judge or arbitrator will hold a hearing to resolve the parenting time dispute.
[ e ] Schedule a Civil Contempt Hearing: For more significant offenses, the FOC may schedule a hearing. These sessions are also referred to as show cause or contempt proceedings. These hearings may be used if there have been significant or persistent violations of an order.
The alleged offender has the opportunity to explain their activities to the judge or referee or to defend themselves against the accusation of defying the court order during the hearing.
The judge or arbitrator may suspend the party’s job, driving, leisure, and sporting licenses if they don’t offer make-up or continuous parenting time.
[ f ] Request Parenting Time Modification: The FOC has the right to ask the court to modify the parenting time schedule that was previously agreed upon by the parties. The FOC typically only requests a modification when it is clear that the current order is bad for the parties or the child and the parties lack the ability or opportunity to change it on their own.
In the end, you don’t really have the option to prevent your ex from more parenting time. The law mandates it, the court enforces it, and science about raising healthy kids supports the principle of healthy and consistent parenting time.
The only real option you have is to follow the parenting time order. It’s what’s best for your children.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.