Parents should ideally agree on the times they can spend with their kids. However, certain changes at home or in the classroom may compel parents to adjust their plans in order to take into account those changes taking place around the child. These could also imply adjustments to the schedules of the parents’ various jobs or businesses. The court must be informed of any changes in circumstances, together with any attempts to modify parenting time to take these developments into account.
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Changes or circumstances that don’t occur frequently in the lives of the child or the parent may not interest the court too much. A mediator can be chosen to resolve this dispute if the parents are unable to reach an agreement. To change parenting time, you would need to ask your attorney to submit a request.
Some Truths About Parenting Time You Need To Know
There is no established plan for parenting time. At the request of either one or both parents, the judge may alter it. Either the Plaintiff or the Defendant in the ongoing family dispute may be the parent who submits a motion to modify parenting time. The moving party is the parent who is filing a motion or complaint. The Respondent is the other parent.
Depending on the sought adjustment, the judge will decide whether to modify an existing parenting time order.
Look at your court order’s provisions first if you wish to alter your parenting time schedule. The parenting time schedule in your court order may include specified times when each parent has the child or children. The ruling may also simply state that there will be fair or regular parenting time. The parents must agree on the specifics of the timetable after having reasonable parenting time. Dates, times, and any other terms relating to acceptable parenting time shall be determined by agreement of both parents.
If you presently have adequate parenting time but are unable to settle on a timetable or if you wish to alter a previously established specified schedule, you may want to adjust parenting time.
For parents who need to develop a parenting time schedule, the “Parenting Time Guideline” produced by the Friend of the Court Bureau is a useful tool. Sample schedules are included in the guideline that you may use as a place to start. Additionally, it contains details about how parenting time relates to the developmental needs of kids at various ages. The Guidelines cover a variety of themes, including how to handle domestic abuse situations, parenting time with a prison-bound parent, and long-distance parenting arrangements.
Check to see if the other parent of your child will accept the change. You do not need to file anything with the court if your current parenting time arrangement is appropriate and the other parent is on board with the adjustment. Even if the other parent is in agreement, the judge must nevertheless provide his or her approval if your order specifies a parenting time plan. Until a new order is signed by the judge, a schedule-based order is in force.
Without filing a motion, the court can be asked to sign a proposed order if both parents agree to alter a particular parenting time arrangement. If the judge doesn’t request one, there won’t be a court hearing.
You can submit a Motion Regarding Parenting Time in your family case if the other parent does not consent to the modification you desire. A valid reason or a change in circumstances must exist for the judge to reevaluate parenting time. Depending on the type of change you request, different things count as proper cause or a change in circumstances. It will be more difficult to demonstrate than if you ask for a smaller modification if the quantity of parenting time you desire truly affects custody rather than parenting time.
Common Reasons to Change Parenting Time
During your divorce processes, it’s crucial to establish and uphold child custody and visitation schedules, but in reality, things change through time. While the “best interest of the kid” is at the center of custody and parenting time agreements, those interests change as your child’s circumstances change. Changes in parenting time also accompany life changes.
When your children get older, their interests and hobbies will differ from those at the time of your divorce. Your visitation schedule might need to be adjusted according to the changes in their lives.
The Michigan court will constantly take “the best interest of the kid” into account and strive to establish a secure, nurturing environment.
Here are some of the common reasons for changing parenting time.
Change in Circumstances
You must demonstrate a change in circumstances justifying this modification if you want the court to grant an order modifying visits. A major change that has a significant impact on the circumstances surrounding the child’s custody since the last custody agreement constitutes a change in circumstances. Even though Michigan courts have shifted to a more lenient standard for changing visiting arrangements, hiring a qualified attorney is essential to protecting your rights. A court order modification will help protect your rights and determine what is in your child’s best interest if you and the custodial parent are unable to cooperate.
Custodial Parent Moves
The custodial parent could occasionally want to relocate. The visitation schedule will be significantly changed as a result. The following factors will be taken into account by the court when deciding whether to allow a parental relocation up to 100 miles away from the child’s residence or to another state:
- Will the parent and child’s quality of life be improved by the move?
- Are the current parenting time opportunities practical and maintain the bond between the parents?
- Is the non-custodial parent putting up a fight against the move to gain financial leverage over ongoing child support obligations?
- Has visitation been followed, or is the custodial parent asking for the move attempting to thwart the parent who wants to visit?
- Are orders for substitute visitation likely to be followed by the custodial parent?
- Is domestic abuse a problem?
Requests for parental relocation are challenging to find, implement, challenge, and avoid. You can work with the court to establish what is in your child’s best interests with the aid of an experienced attorney.
Liberal and Reasonable Visitation
While on the surface it sounds like a great approach for the parents to sort out visiting challenges as they come up, the court may on occasion award the non-custodial parent “liberal and reasonable visitation,” but this could cause more annoyance than a set visitation plan. It could be prudent to bring this matter to the court’s notice if you and the other party are always fighting over what “liberal and reasonable visitation” entails. The court may intervene if you believe you should have weekend visits every week and no weekday visits, whereas the custodial parent believes every other weekend visits and no weekday visits are fair and reasonable.
Change of Visitation or Custody Hours
The court established precise custody and visitation plans at the time of your divorce. In practice, parents frequently change these arrangements. The parents will modify the court’s schedule if there are any work-related concerns or if there is an event. Things go well when both parents are ready to make this work. when one parent refuses to follow the court’s orders or makes it difficult or impossible for the other parent to comply with their visitation schedule. The court should get involved, for instance, if you are given visitation every other weekend but the custodial parent prevents you from seeing your child.
Any of the above reasons can put a proposed change in parenting time justifiable but it must always be argued in the context of the best interest of the child to be considered by the court.
How Is Parenting Time Modifications Decided
One or both parents may ask the judge to alter it. A schedule for parenting time is not fixed in stone. In the ongoing family law proceeding, the parent who files a move to modify parenting time may be either the Plaintiff or the Defendant. The moving party is the term for this parent. Respondent refers to the other parent.
Depending on the type of modification requested, the judge will decide whether to alter an existing parenting time order.
Step 1: The Judge Determines Whether the Motion Can Be Considered in
You must understand when court starts altering parenting time, they are aware it could result in any of the following:
[a] Alter the established custodial environment (ECE) for your child.
[b] Modify the frequency or duration of parenting time.
[c] Add, modify, or eliminate a parenting time requirement such as supervision or drug tests.
Step 2: The Judge Evaluates the Best Interests of the Child
The judge will determine whether it is in your child’s best interests to adjust parenting time to what you or the other parent wanted if the case moves past the preliminary stage. The Michigan Child Custody Act’s best interest considerations will be taken into account as the judge evaluates the evidence put forth by both parents and applies the proper standard of proof. The judge may also take parenting time considerations into account.
If the parenting time modification will affect the ECE, the court will require clear and convincing evidence the changes to parenting time is in the best interest of the child. If the requested change does not affect the ECE, the court will only require preponderance of the evidence.
When working with your attorney in citing the best interest of the child for the justification to change parenting time, remember this.
Because the clear and convincing rule requires more evidence than the preponderance standard does, it is more difficult to persuade a judge to adjust parenting time if the change would have an impact on the ECE. If the requested parenting time changes will not affect the ECE, the standard of proof the court will require is just preponderance of the evidence.
The judge must take the child’s best interests into account even if the change would not have an impact on the ECE. However, the judge should only take into account the factors that are related to the disagreements between the parents.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.