A child custody order is a central part of your divorce settlement that dictates how parental responsibilities are shared. In cases of joint physical custody, the child lives with both parents based on a set schedule. If one parent is given sole custody, the child resides with them permanently, and the non-custodial parent is typically granted parenting time.
Family Law
Parenting Time
Grand Rapids Parenting Time Lawyers
When a couple with minor children divorces, a child custody order is a key part of their divorce settlement. Parents can have joint physical custody of their child, which means the child lives in both houses, alternating between them according to a specified custody schedule. In some cases, one parent has sole custody of the children, which means the children live with that parent permanently.
Unless the court determines that spending time with the non-custodial parent would expose the children to some type of risk or harm, it generally creates a parenting time order as part of the child custody order. Parenting time was once known as visitation. Generally, if a parent asks for parenting time, the court grants it.
How Parenting Time is Determined
The court considers a variety of factors to determine an appropriate parenting time plan for a child. These factors include the logistics of a proposed parenting time plan, like how far the parents live from each other and how realistic their transportation schedule for the children is.
It also considers specific factors about the children’s best interest. These factors include:
- How much time each parent spends with the children each day;
- Which parent performs the day-to-day tasks associated with raising the children, like cooking meals;
- Whether either parent has a history of domestic violence or attempting to kidnap the children; and
- Whether either parent has a physical or mental health disorder that impedes his or her ability to care for the children.
Supervised Parenting Time
Courts recognize that except for in extreme cases, it is in a child’s best interest to spend time with both parents. When one parent has a history of harming his or her child or currently struggles with an addiction or another lifestyle issue that could pose a risk to the child, the court may order supervised parenting time.
With supervised parenting time, the supervisor can be a friend, another family member, or a party assigned by the court. In some cases, the court also designates a specific visitation place.
Changing a Parenting Time Order
When the children have an established custodial environment (ECE), the court may be less likely to alter a parenting time order than it would if no such stable custodial environment existed. However, a parent may file a motion to change his or her parenting time schedule if he or she feels the current parenting time order is not appropriate for the child. When a parent files this type of motion, the onus to prove that there has been a significant change in circumstances to necessitate the change is on the parent.
Work with an Experienced Grand Rapids Family Lawyer
Parenting time is a key part of many child custody orders. To learn more about parenting time, including how it is determined and how you can modify your parenting time order, contact the Van Den Heuvel Law Office today to set up your initial legal consultation with an experienced family lawyer.
FAQs About Parenting Time in Michigan
What does the court consider when setting a parenting time plan?
The court evaluates numerous factors to create a parenting time plan that serves the child’s best interests. This includes logistical considerations, such as the distance between the parents’ homes and the feasibility of transportation schedules. It also involves specific best interest factors, like each parent’s daily involvement in the child’s life and any history of domestic violence.
Is parenting time always granted?
Yes, courts generally grant parenting time when a parent requests it. Michigan law recognizes that it is typically in a child’s best interest to have a relationship with both parents. A court will only deny parenting time if it determines that contact with the non-custodial parent would expose the child to a significant risk of harm.
When is supervised parenting time recommended?
Supervised parenting time may be ordered if one parent has a history that could pose a risk to the child, such as substance addiction or past abuse. In these situations, visits occur under the supervision of another adult, who could be a family member, a friend or a court-appointed professional. The court may also specify the location for these visits to ensure the child’s safety.
Can a parenting time agreement be modified?
Yes, a parenting time order can be changed under specific circumstances. A parent must file a motion and prove that a significant change in circumstances or proper cause exists to justify modifying the current schedule. If an established custodial environment (ECE) exists for the child, the court may be more hesitant to alter the order to maintain stability.
Howard Van Den Heuvel
Justin Van Den Heuvel
