When it comes to decisions on parenting time and child custody, each parent is assumed to have reasonable judgment. The choosing of babysitters falls under this. There is no law that specifically spells out how to do it.
Click here to watch the video on Do I Have A Right To Know Who Is Babysitting My Child In Michigan?
Do I have a right to find out who is watching my child? That question is legitimate from a parent’s perspective, but it also shows a desire to control the other parent’s parenting time and custody arrangements. The chances are slim that the court will agree with you on that point. You can always speak to your ex about these things, just like you would with any nice and responsible person. Find out more if your ex rejects you out of pure annoyance or out of spite, but do not insist on getting what you want.
If you have evidence that is credible, hire a private investigator before speaking with your lawyer. When your motions are supported by evidence, the court will be more sympathetic, especially if there is a chance that your child’s best interests could be jeopardized.
There’s A Reason Why There Are Guidelines
The state of Michigan, through the State Court Administrative Office published the Michigan Parenting Time Guideline. This guideline covers so many of the challenges of parents trying to get us much from their parenting schedule.
The guideline starts off by emphasizing the need for parents to behave properly when they are in the presence of their children during parenting time. It also emphasizes the need to really communicate.
Here’s some things the parenting time guideline recommends to parents:
[1] Treat the other parent with respect.
[2] Pay attention to the child’s requirements.
[3] Encourage your children to have a healthy relationship with the other parent.
[4] Promote regular phone or video chats, text messages, or emails between the child and the other parent.
[5] Maintain a regular parenting time schedule.
[6] Prepare the child for pick-up and drop-off during parenting time.
[7] Permit the child to bring necessary objects to the parenting session (e.g., clothes, blankets, toys, sports equipment).
[8] Ensure that after parenting time, the child brings back any necessary belongings.
[9] Establish consistency for the child’s meals, schoolwork, sleep, and discipline with the co-parent.
[10] Promote interactions between the child and the family of the other parent (for example, stepparents, step siblings, grandparents, aunts, and uncles).
[11] Encourage the child to take part in the family celebrations of the other parent.
[12] Request the child’s presence from the other parent as soon as possible for any special occasions that might conflict with their shared parenting time.
[13] Make an effort to plan your vacations around your usual parenting hours.
[14] Share the dates, places, and return times of your vacation with the other parent.
[15] When arranging trips or other extended parenting time, take the child’s activities, such as sporting tournaments, into account.
[16] Ensure that the child is in a safe environment.
Just as the guideline encourages certain behavior for parents, it is also very important to remember what behavior or action is not recommended in the presence of children:
[1] Challenge the other parent in an argument while the child is nearby or present.
[2] Speak poorly about the other parent’s family or the other parent’s partner.
[3] Make inquiries about the other parent’s life from the child.
[4] Make unattainable promises.
[5] Use the child as a conduit for communication.
[6] Make an effort to sabotage the child’s relationship with the other parent.
[7] Drink too much alcohol or use other drugs that impair judgment before or during parenting time.
[8] Use parenting time erratically.
[9] regularly arrive late for parenting time.
[10] Leave the child at a different time without consulting the other parent.
The development of the young child’s emotions and the bond the youngster has with both parents, depend on the parents’ ability to communicate effectively. Parents should speak to one another on the needs of the child rather than their feelings for one another. It’s crucial parents resist the urge to let their personal and emotional animosity against each other sabotage their co-parenting arrangement.
Do I have a right to be informed of my child’s whereabouts when I visit?
Yes, if your custody agreement stipulates parents must give their child’s whereabouts during visits. The order is broken if a parent refuses to disclose where their child is.
You and your ex could revise your parenting plan mutually, or if one parent doesn’t want to include it, you might ask the court to add it to an existing order.
The other parent does not have to let you know where your child is when they visit if there is no custody agreement in place. They may be able to lawfully remove the child from the state or the nation without your consent in specific circumstances.
The best approach is still keeping an open line with the parent. If you believe you really need to know the whereabouts of your child, have a talk with your attorney to find a way to include that in the custody agreement.
Your compromise might be to find a common babysitter or a daycare facility. Just remember that in Michigan, daycare facilities are required by law to conform to certain standards and must be licensed.
A friend or neighbor is exempt from regulation if they watch a youngster for free. People who run daycare centers without acquiring the appropriate license are an issue in Michigan and other States, with or without this statute in place. Parents should use these facilities with prudence and caution. Many unlicensed day care centers have safety and supervision issues that put children at risk since they are not subject to State control or inspections.
What can I do to find where my child is?
While your child is seeing the other parent, you can get in touch with them, but unless you have a court order requiring them to, they aren’t required to let you know where they are.
Parents occasionally phone the police, but this is not advised. It could strain the bond between the parents and make the youngster feel insecure since they might think something is wrong. You must avoid any action or behavior straining your ability to relate to the other parent because it not only affects your ability to see your child, it affects the general well-being of the child during visits and after.
If you’re a bit techie, you might be tempted to put a GPS tracker on your ex’s car or person to keep track of your child. A word of caution: There is actually a law prohibiting anyone from putting or installing a tracking device on a motor vehicle without the consent or knowledge of the owner, operator or the lessee of the motor vehicle. Putting a tracker on someone’s vehicle is currently classified as a misdemeanor in Michigan.
Instead, make an effort to speak with the other parent about the reasons it’s crucial for both of you to be aware of the child’s whereabouts during your separate visitation times (e.g., in case of an emergency).
If parents are verbally abusive or narcissistic, reaching out to them personally might not be an option. Consider going to court if the parent is unwilling to cooperate. Talk to your attorney to come up with a mechanism to integrate that into a parenting plan.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.