Parents need to know what kind of arrangement in custody is efficient for them and at the same time promotes the best interest of the child. There is a distinction between taking child custody or having parenting time. Most parents in separation might find this confusing and may fight for a wrong stand in the custody case. One must know the differences of the terminologies, so that discernment of custody set-up will be on what one can sustain. Before answering how the court decides parenting time in Metro Detroit, Michigan, we must first understand definitions.
What Is the Difference Between Custody and Parenting Time?
On the one hand, physical custody refers to a parent’s legal right to have and live with the child. The parent granted this right is the primary caregiver of the child who attends to all the child’s needs. On the other hand, parenting time is a privilege granted to a parent to spend time with their child at a given time and location. This setup settled the child’s needs for another parent’s presence when the child used to have parents together before divorce. Any visitation is an act of parenting time when only one parent has physical custody. However, in a joint custody arrangement or shared custody, each parent has a certain amount of parenting time allotted to them.
Metro Detroit, Michigan Court’s Decision in Parenting Time
Parenting time cannot be denied because of failure to sustain child support. However, the Michigan court considers these factors when deciding the extent, the frequency, and the event parenting time will take place:
- The child’s or children’s particular requirements and conditions (the priority of the custody issue)
- Whether the child is a newborn (less than one year old) and/or breastfed (makes the mother a more suitable custodial parent).
- During the visit, there is a chance of being abused or neglected (weighs against the abusive parent)
- As a result of the visit, there is a higher chance of abuse or neglect.
- What effect will travel have on the child’s health? (if both parents live far apart, the court might disfavor a joint custody arrangement)
- Whether the visiting parent will be able to exercise parenting time under the court order (The court will not set up an arrangement if it does not think it will succeed.)
- How often (if ever) has the parent failed to spend time with their children? (Preferably, there will be less of the frequently absent parent)
- The risk of one parent hiding or concealing the child from the other (the court will not encourage kidnapping)
- Any additional aspect of the child’s well-being that comes to mind.
Parenting time can be spent at a neutral location or the home of the visiting parent. The custodial spouse, meanwhile, is considerably more likely to drop the child off at the other spouse’s place. This frequently necessitates the child staying overnight.
Metro Detroit Lawyers’ Advice in Modifying Parenting Time Arrangement?
The court will only modify parenting time if the person seeking the modification can show that the change is in the best interests of the child through “clear and convincing” evidence. A “change in circumstances” must also be demonstrated by the parent seeking modification. Because consistency and stability are fundamental parts of a child’s best interests, the court requires a change in circumstances before modifying the custody arrangement.
Matters concerning parenting time are best discussed personally with family lawyers near you. You can reach out to Goldman and Associates Law Firm. They are certified experts of family law that can answer how the court decides parenting time in Metro Detroit, Michigan. Call us now at this number (248) 590-6600, or visit our official website and book an appointment anytime.