Can my Ex Decide When I See my Kids? NO! Not here in Oakland County. (Pt 1)

Woman throwing fit
Your ex might be the meanest, most manipulative person you’ve ever met – but they don’t get to decide when you see your kids.

Whether you’re officially getting divorced, or simply parting ways from a relationship you’re not happy in anymore, if there are kids in the mix your situation just got more complicated. It doesn’t really matter where in Oakland County you live. Especially if you’re not parting on good terms. And when it comes to kids, it can get particularly ugly. This is partly because parents love their children, and nothing causes them more grief than the thought that they could lose their kids! Which is why the issues of child custody and visitation are often some of the most contentious when a couple ends their marriage (or partnership). But that doesn’t mean your ex can take your kids away from you! Not here in Oakland County, not in Macomb County, and not in Livingston County. In fact not anywhere in Michigan.

There are many factors that control custody and parenting time (visitation) decisions

Your soon-to-be-ex might be a huge jerk, and might have threatened to make your life hell (or your parenting opportunities zero), but that doesn’t mean they have the right to tell the court that you can’t see your kids. Children aren’t like cars, houses or retirement accounts – they can’t simply be divided up during the divorce process and handed off to one spouse or the other like assets. They’re people, and the family court in Oakland County believes very strongly in doing what’s best for children – which usually means having a close and continuing relationship with BOTH of their parents.

The court will decide what’s best, not your vengeful ex!

In a best case scenario, you and your ex will be able to agree on reasonable terms for custody and visitation (and obviously, this is what the Oakland County family court prefers). But that’s not always possible. In situations when a divorcing couple can’t agree on parenting time, the court steps in and makes the decision for them. Although it wasn’t always the case, the family court now believes that children are better off when they can have strong, healthy relationships with both their parents. That means you’re probably going to get some time with your kids, although it certainly doesn’t guarantee a 50/50 split.

A court order is serious and MUST be honored!

When a Judge makes a decision, only another Judge (or that same judge) can change it. That means, when a Judge orders custody or visitation, neither you or your ex are allowed to change that order without the court’s permission. So if your ex doesn’t like how much time you get with the kids – too bad. If you don’t think you got enough time and you want more – too bad. You and your ex are both allowed to go back to court and ask the Judge’s permission to change the custody or parenting time order. But neither of you is allowed to change it yourself. However, if both parents agree on a revised custody or parenting time order, almost all judges will approve that change in most circumstances.

We can help you protect your time with your children!

Is your ex trying to mess with your court ordered visitation time, or denying you the time that’s rightfully yours? Or perhaps you just want to spend more time with your children and you’d like help getting a better custody or parenting time order. Whatever the case may be, we can help. Whether you live in Novi, Farmington Hills, Troy, Royal Oak or Bloomfield, we understand that you love your kids and we can help you protect your time with them. Call (248) 479-6200 and discuss your situation with one of our experienced family law attorneys.