What was once referred to as visitation is now called parenting time. Michigan law starts with the presumption that it is in the child’s best interest to have a strong relationship with both parents. Children have a right to have parenting time with a parent unless it is shown by clear and convincing evidence the parenting time would be harmful to the child; either physically, mentally or emotionally. Further, parents have a right to have a specific parenting time schedule that includes regular dates and times.
Parenting time can be established in a custody action, a divorce action and even in a child support case. Parents can agree on a parenting time schedule which the court will enforce or, in the alternative, the court can dictate a parenting time schedule that it believes is in the child’s best interest. Parenting time can be modified by a motion of either parent if there is a change in circumstances or proper cause.
Modifying Parenting Time
Parenting time conflicts can be as emotional and as hard fought as custody disputes. Ultimately, the court will determine a parenting time schedule for both parents if they are unable to come to their own agreement. The court’s primary concern is the well- being of the child and will act in the best interest of the child. Parenting time disputes can ultimately affect custody. If faced with a motion to modify parenting time, it is imperative to seek advice of an experienced family law attorney. If a parent feels it is in his or her child’s best interest to seek modification of parenting time it is important to consult with a skilled family law attorney to discuss strategy and timing in filing the appropriate motion.
It is important that you have an aggressive, knowledgeable, attorney from Kizy Law representing you in the process to ensure that you receive the right amount of parenting time so you can be a constant presence in your child’s life. Call us today at 248-662-5499 for your free consultation.
Specific Parenting Time is when the judge says in writing exactly when, how, and/or where parenting time will happen.
Reasonable Parenting Time is the kind of parenting time awarded in most divorces. Whet is reasonable depends on factors such as the age of the child, where the visiting parent lives and so on. Usually the judge says “Reasonable and Liberal Parenting Time” to mean either whatever the parents can agree on or if the parents cannot agree, each county has a parenting time policy outlining what is considered reasonable time. Even if the parent has stopped paying child support, he or she still has the right to scheduled parenting time. A parenting time order can be changed by the judge at any time if there is a very good reason to do so.