Be careful if you are thinking of denying the other parenting time!
If you are a Michigan parent considering denying parenting time to the other parent, you need to know about the law. The Michigan court system takes parenting time very seriously and will not allow parents to deny the other parent their parenting time without good reason.
A parenting time schedule is a schedule of the noncustodial parents’ time with the minor children. The parenting time schedule is a court order and is enforced by the Circuit Courts in Michigan.
We will discuss the basics of custody and parenting time in Michigan and what you need to know if you are considering denying parenting time. We will also provide information on how to get help if you are struggling with parenting time issues.
Table of Contents
- What is Child Custody and Parenting Time?
- How is Child Custody Defined
- How is Parenting Time Defined
- What is reasonable parenting time?
- Can I Deny Parenting Time in Michigan?
- File a motion to change parenting time if needed
- Call a Family Law Attorney in Michigan to defend your Custody and Parenting Time
What is Child Custody and Parenting Time?
The Michigan Child Custody Act governs custody and parenting time in Michigan. The Michigan Child Custody Act sets forth the rights and responsibilities of parents concerning their children. A parenting time schedule is often created to provide structure for the parties and children to follow.
How do Courts enforce parenting time court orders?
The Michigan Supreme Court enforces this Act through the family court in each County in Michigan. The family court in Michigan is the Circuit Court.
Each County also has a friend of the Court to assist the Family Court. The friend of the Court will often investigate custody and parenting time matters and make recommendations to the Court. The FOC often makes recommendations for custody, parenting time, and child support.
How is Child Custody Defined
The Act provides for two types of custody: legal custody and physical custody. These custody arrangements are determined if the parents agree on a particular order. If not, the judge will decide at trial.
Legal custody is the right and responsibility to make decisions about a child’s upbringing, including education, religion, and health care. Physical custody is the right to have a child live with you.
The custodial parent is the parent who has physical custody of the child. The non-custodial parent is the parent who does not have physical custody of the child.
Talk to a family law attorney
A child custody lawyer can help fashion a schedule that reflects your best interests. A Custody case may need to be opened and a family law lawyer can certainly be of assistance.
Most parents in Michigan share legal and physical custody of their children. This means that both parents decide about the child’s upbringing and the child lives with both parents.
However, there are times when it is not in the best interests of the child for the parents to share joint custody. In these situations, one parent will be awarded sole custody.
Talking to an experienced attorney is essential to protect your rights. If you are a Michigan parent considering denying parenting time to the other parent, you need to know about the law. The Court will decide where your children live and you need a family law attorney in your corner.
How is Parenting Time Defined
Parenting time in Michigan can be defined as the time a child spends with each parent. Parenting time includes both parenting time and visitation. A parenting time order defines where children spend time.
Parenting time is not the same as custody. Parenting time is a right for a parent to spend time with their child.
What is reasonable parenting time?
Reasonable parenting time can be defined as parenting time consistent with the child’s age. The developmental stage is safe and allows the parents to maintain a meaningful relationship with the child.
The Courts want to maintain a continuing parent-child relationship. The Michigan Child Custody Act does not define reasonable parenting time. This is left to the courts to decide on a case-by-case basis.
What is a Parenting Time Schedule?
A parenting schedule is a court order that sets out when a child will spend time with each parent. A parenting schedule should be based on the best interests of the child.
Factors that go into Parenting Time for the other parent:
The Court will order a parenting schedule if the parents cannot agree on one. The Judge will look at the child’s best interest when making this determination.
The parenting schedule will usually be based on the following factors:
– the child’s age
– the child’s wishes
– each parent’s work schedule
– each parent’s residence
– how far each parent lives from the other parent
– whether one or both parents have a history of domestic violence or child abuse; the domestic violence can be against the child or another party
The parenting schedule will also include holidays and weekends.
What is a specific parenting time schedule?
A specific parenting time schedule is a particular schedule that is set for a specific date or period. Detailed schedules can be used when the parents have different work schedules, when one parent needs to travel for work, or when the parents cannot agree on a schedule.
Specific schedules are often desirable for both parents. Specific schedules allow for each parent to plan their schedules and any daycare needs that may exist.
Can I Deny Parenting Time in Michigan?
You cannot deny parenting time in Michigan without a court order. If you refuse parenting time to the other parent, you may be held in contempt of Court. Proper cause is always needed if you are denying parenting time in Michigan.
As parenting time is the time designated for a non-custodial parent to spend with their child. There may be consequences if a custodial parent denies parenting time to the non-custodial parent.
Contempt of Court
The first consequence is that the denying parent may be held in contempt of the Court. This means that the denying parent may be fined or even be ordered jail time. In addition, the denying parent may be ordered to make up for the missed parenting time.
Loss of Child Custody
The second consequence is that the denying parent may lose custody of the child. This is because the Court may view the denying parent as unable to put the child’s best interests first.
Payment of Attorney Fees
Finally, the denying parent may have to pay attorney’s fees and other court costs. Denying parenting time is not a good idea and can have serious consequences.
File a motion to change parenting time if needed
If you believe that you need to withhold parenting time, you will want to file a motion. A motion is a formal request to the Court for relief.
You will want to file a parenting time motion if you believe that parenting time is not in the best interest of your children. If there is a legitimate reason a new parenting time schedule can be approved by the Court after the filing of a motion.
Withholding parenting time is never advisable without good cause. You should always speak with an experienced attorney to discuss your specific situation.
If you consider denying parenting time, it is essential to speak with an attorney who can advise you of your rights and responsibilities under the law.
What Should I Do if I am Struggling with Parenting Time Issues?
If you are struggling with parenting time issues, you should contact a family law attorney. An attorney can help you resolve your parenting time issues and advise you on your rights and responsibilities under the Michigan Child Custody Act.
Call a Family Law Attorney in Michigan to defend your Custody and Parenting Time
Custody and parenting time disputes are some of the most stressful issues that a parent may face, and many parents without experience are stumped as to what they should do.
Working with an experienced family law attorney might help you preserve your legal rights and connection with your kid. To book a free consultation, contact the Bruce Law Firm’s Custody and parenting time attorneys today.