Garmo & Kiste, PLC: Skilled Parenting Time Lawyer
What is Parenting Time?
Parenting Time is a term that refers to the opportunity for a child to spend time with each parent following a divorce or separation. Parenting time can be set for a noncustodial parent (one who does not have physical custody of the child) or for both parents.
How is Parenting Time Decided?
Michigan law recognizes that when parents separate or divorce, there should be a continuation of the parent-child relationship. The law establishes a presumption that it is in the best interest of a child to have a strong relationship with both parents. This means the child has a right to parenting time unless the court determines by clear and convincing evidence that parenting time would endanger the child’s physical, mental, or emotional health (MCL 722.27(a)).
Parenting Time Schedules: Reasonable vs Specific
A parenting time schedule is an agreement made between the parents and signed by the judge. It dictates when each parent will get time with the child. A parenting time schedule may be reasonable or specific.
The most common type of parenting time schedule is referred to as reasonable or liberal parenting time. This arrangement allows parents the greatest flexibility because it enables them to adjust the schedule without having to go back to court. It is left to the parents to decide and does not include specific days or time frames.
Another type of parenting time schedule is called specific parenting time. This arrangement provides a strict routine to follow, as it sets forth definite times, places, and conditions for each parent. A court order is required in order to make changes.
How Can I Enforce Parenting Time?
The Friend of the Court is responsible for enforcing parenting time. If one parent violates a parenting time order, the other parent should file a written complaint with the Friend of the Court. Under MCL 552.511b(1), a parenting time order violation is defined as “an individual’s act or failure to act that interferes with a parent’s right to interact with his or her child in the time, place, and manner established in the order that governs custody or parenting time between the parent and the child and to which the individual accused of interfering is subject.”
The remedy for a violation of a parenting time order is usually receiving make-up time. If necessary, a parent can file a motion to enforce and/or modify parenting time to ensure future compliance. In more serious cases, contempt proceedings can be initiated.
Can Parenting Time be Modified?
If one parent wishes to modify a parenting time order, he or she can do so by filing a motion with the court where the case exists. In determining whether the motion will be granted, the court will consider the child’s established custodial environment and whether there has been a change of circumstances.
Parenting time disputes are extremely stressful following a divorce or separation. For more information on how we can help, We are skilled Parenting Time Lawyer s focused on our clients, call us at (248) 398-7100 for a free consultation or contact us with a private message.