Parenting time, sometimes referred to as visitation, is the schedule that sets the amount of time a child spends with each parent. Understanding how Michigan family courts make decisions about parenting time can help parents prepare for the custody process and protect their relationship with their child.
In this blog, we will provide a brief overview of parenting time under Michigan’s parenting time law and how Oakland County Family Court judges make their decisions. The process is pretty similar in Macomb County and in Livingston County.
What Is Parenting Time Under Michigan Law?
“Parenting time” generally refers to the scheduled time that each parent spends with the child. Michigan courts award parenting time based on the best interests of the child and the parenting time factors. Absent certain circumstances, courts presume it is in the best interests of a child for the child to have a strong relationship with both parents. Circumstances that would change that presumption would be evidence that the child’s physical, mental, or emotional health would be harmed if a parent is awarded parenting time. Although there are lots of twists, turns, nuances, and exceptions, Michigan’s parenting time law can be viewed here: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-722-27a
Types of Parenting Time
Parenting time in Oakland County can take various forms, depending on the child’s needs and the parents’ circumstances. Michigan courts may include terms to facilitate parenting time, including transportation responsibilities, third-party supervision, or prohibitions on overnight stays.
- Reasonable Parenting Time: Often awarded when both parents get along with each other and are able to work out a schedule themselves. This allows for a flexible, cooperative schedule.
- Specific Parenting Time: A set schedule defined by the court. This is common when parents struggle with communication and need clear boundaries.
- Supervised Parenting Time: Typically ordered when safety concerns are present. Visits take place at a third-party home, public place, or agency. A third-party or agency oversees the visit.
- No Parenting Time: Rare, but can be ordered in cases involving abuse, neglect, or serious criminal history.
How Courts Decide Parenting Time
The Oakland County Friend of the Court and every Oakland County Family Court Judge must consider the children’s best interest factors and the parenting time factors in MCL 722.27a to determine the frequency, duration, and conditions of parenting time.
These include, but are not limited to:
(a) The existence of any special circumstances or needs of the child.
(b) 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.
(c) The reasonable likelihood of abuse or neglect of the child during parenting time.
(d) The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.
(e) The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time.
(f) Whether a parent can reasonably be expected to exercise parenting time following the court order.
(g) Whether a parent has frequently failed to exercise reasonable parenting time.
(h) 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.
(i) Any other relevant factors.
Role of the Friend of the Court in Oakland County
In Oakland County, the Friend of the Court (FOC) may conduct an investigation and make recommendations to the judge based on the child’s best interests, in accordance with our parenting time factors. The court may adopt these recommendations or schedule a hearing if either party objects.
The FOC also helps enforce parenting time orders. If a parent’s parenting time order is violated by the other parent, they may file a complaint. The FOC will review the complaint, investigate the allegations, and, where appropriate, take enforcement action.
Oakland County Parenting Time Plans
While every family situation is unique, the Oakland County Circuit Court’s Family Division provides standard parenting time guidelines often used as a starting point. The parties can agree to deviate from the standard based on their needs and circumstances. The court may also deviate from the standard where necessary in the best interests of the child. The standard guidelines include provisions such as:
- Alternating weekends
- A midweek evening visit
- Alternating holidays and breaks
- Extended parenting time during summer vacation
Modify or Enforce Parenting Time in Oakland County
Parenting time orders are never permanent. As the children grow, the family’s needs and circumstances change. Thus, the parenting time order may need to be changed to better suit the family. If there has been a material change in circumstances or proper cause, either parent may file a motion to modify the schedule. The FOC may also assist with enforcing existing orders when one parent fails to comply.
Need Help with Parenting Time in Oakland County?
If you are facing difficulties with parenting time in Royal Oak, Brighton, Farmington, Oak Park, Troy, Southfield, Howell, Novi, or Bloomfield Hills, it’s essential to consult with a knowledgeable Oakland County family law attorney who can help you protect your rights and your child’s well-being.
At The Kronzek Firm, we help parents in Farmington Hills, Huntington Woods, Waterford, and surrounding cities understand and protect their rights under Michigan parenting time and custody law. Our attorneys have been helping Metro Detroit area families since the last century. Our Farmington Hills phones are answered 24/7. Contact us today for a consultation.
📞 Our seasoned attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office any time by email at contactus@kronzek.law or by calling (248) 479-6200.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]