Michigan Parenting Time, what factors are considered when determining parenting time? Since no two parents or children are alike there are many variables for the Court to consider. The good news is that Michigan Parenting Time statues and Michigan Parenting Time case law provide some guidance as to how the court will determine your Michigan parenting time schedule.
When parents cannot agree on a Michigan Parenting Time arrangement then as your attorney we prepare arguments with supporting evidence to demonstrate why your proposed arrangement should be adopted. Case law and statues are clear that Michigan Parenting time shall be granted in the best interests of the child and in accordance with the Michigan Parenting Time Factors. This blog will concentrate on the Michigan Parenting Time Factors and provide some insight as to what the Court is considering with some of the factors.
Michigan Parenting Time Factors – MCL 722.27 a (6)
In addition to the best interest factors, MCL 722.27 a (6) sets forth the factors that more specifically relate to the frequency, duration and type of Michigan parenting time to be granted.
- The existence of any special circumstances or needs of the child.
In examining this factor, both the emotional and physical needs of the child must be considered.
- Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing.
- The reasonable likelihood of abuse or neglect of the child during parenting time.
MCL 722.27a (3) states: “A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child’s physical, mental, or emotional health.” This parenting time factor examines possible physical, emotional, or psychological abuse of the child by the non-custodial parent or third parties during parenting time.
MCL 722.27a(8)(c) allows the court to place restrictions on the presence of third persons during parenting time. The court may place other conditions on parenting time necessary to protect a child. Therefore, it was reasonable for the court to restrict parenting time to five hours every other Saturday afternoon and to forbid the use of alcohol or cursing in the noncustodial parent’s home during parenting time.
- The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.
This factor concerns the risk that either parent could suffer some form of abuse when parenting time is exercised.
- The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time.
This factor considers the impact traveling will have on the child.
- Whether a parent can reasonably be expected to exercise visitation in accordance with the court order.
This factor examines whether the proposed parenting time order is reasonable under the circumstances.
- Whether a parent has frequently failed to exercise reasonable parenting time.
It is important to keep a detailed calendar of parenting time as this evidence will be considered when determining what parenting time scheduled shall be utilized.
8. The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent’s temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent’s intent to retain or conceal the child from the other parent.
- Any other relevant factors.
We realize that your children are precious and that the issue of parenting time should not be treated casually. Even the most amicable splits, agreements should be negotiated with the assistance of family law attorneys. Relying solely on trust without the right legal protections can have devastating consequences. We can help you avoid the usual potholes that are associated with Michigan parenting time.
Your specific situation may be somewhat different from the norm; please call, 734.927.9782, the Canton Michigan Parenting Time Lawyers and Canton Michigan Custody Attorneys at Stelmock Law Firm, PC to discuss your matter. We represent clients in the Metro Detroit area (Canton, Plymouth, Northville, Livonia, Westland, Ann Arbor, Novi) and throughout Wayne, Washtenaw, Oakland, and Livingston counties. The firm’s office is located at 8556 N. Canton Center Road, Canton, Michigan 48187
By: Robert J. Stelmock, Attorney, GAL, Parenting Coordinator & Mediator at Stelmock Law Firm, PC