Reasons to deny overnight visitation. There is only one justification for refusing overnight visitation in the absence of an emergency. You can only refuse the other parent’s visitation or parenting time with a valid court order.
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Even if you harbor some feelings or doubts about your spouse, a Michigan judge won’t find them to be important enough to overturn your parenting time request. The court will find some other means for the other parent to have that portion of parenting time, notwithstanding the very good reason you have for not allowing visitation.
Why Are Courts Biased for More Parenting Time?
The parent-child relationship and the home environment, which includes all primary caregivers, are the cornerstones of children’s well-being and healthy development, according to decades of research. Children begin learning as soon as they are born, and they depend on their parents and other primary caregivers to keep them safe and take care of them.
The impact of parents may never be more apparent than during a child’s formative years when the brain is quickly developing and virtually all experiences are formed and influenced by parents and the home environment. Parents set the course for their children’s health and welfare throughout childhood and beyond by encouraging the growth and development of their knowledge and abilities.
Parents are also influenced by their parenting experience. For instance, parenting can enhance and focus parents’ lives, cause tension or tranquility, and elicit a variety of emotions, such as satisfaction, grief, joy, and rage.
Today’s parenting of young children occurs in the midst of important continuous breakthroughs. The corpus of research on young children is expanding quickly, financing for family-focused services and initiatives is increasing, the demographics of the US population are changing, and family structures are diversifying. Technology and improved access to parenting knowledge are both contributing to the ongoing transformation of parenting.
More than the knowledge from all this research, the court has a narrow set of statutes to base their determinations and decisions.
In Michigan, parents who are considering denying the other parent parenting time must be aware of the statute. Parenting time is taken seriously by Michigan’s legal system, which prevents parents from denying other parent access to their children without a good cause.
A parenting time schedule is used to determine how much time the non-custodial parents spend with their minor children. The parenting time schedule, which is a court order, is enforced in Michigan by the Circuit Courts.
According to Michigan Compiled Laws (MCL) 722.27a, parenting time is specified in a court order based on the Child Custody Act of 1970 (Act 91 of 1970).
The Michigan Supreme Court enforces this Act through the family court in each Michigan County. Michigan’s family court is the Circuit Court.
Each County has a Friend of the Court, or FOC, to assist the Family Court. The FOC will typically investigate custody and visitation disputes and provide guidance. Decisions regarding child support, parenting time, and custody are routinely recommended by the FOC.
Without a court order, you cannot contest parenting time in Michigan. You run the danger of being found in contempt of court if you deny the other parent visitation time. You must always have a strong reason before withholding parenting time in Michigan.
What Valid Reasons Should I Have to Deny Overnight Visitation?
There is some level of animosity between the spouses in the majority of divorce cases. The continued bond that the parents are needed to have may occasionally be affected by this. Arrangements for visits may give rise to disputes. Accusations may be made when the custodial parent reschedules, cancels, or ignores a visitation as required by the agreement. One party might think the other is unreasonable or unwilling to make accommodations to ensure the children see both parents.
Nevertheless, a visitation schedule can be disrupted by a variety of factors, including work schedules, travel plans, and more. A non-custodial parent who believes they are being unfairly denied contact with their children may need to hire an attorney to fight for their rights. Amidst these realities of parenthood, there are really very few reasons you can deny visitation except through a court order.
Visitation schedules are supposed to be part of agreements in the divorce process.
During the divorce process, parents may reach different types of agreements, but any parenting time or visitation plan must be approved by the court. Typically, whatever agreement the parents come to will be accepted by the court.
However, if there is a compelling basis for the court to be concerned about one of the parents, it will reject the parenting schedule the parents have agreed to if one parent possesses any of the following:
[ a ] a criminal history
[ b ] having previously misused alcohol or narcotics,
[ c ] domestic or sexual abuse in the past, or
[ d ] other issues the court will consider to be dangerous for the children.
The court, however, has taken the “default” position that allowing the children access to both parents is in their best interests. It won’t veer off this path unless there’s a compelling reason.
The main factor guiding these agreements is the stability issue. The court understands it is in the children’s best interests for them to have a regular schedule even though they should have access to both parents.
There are other compelling reasons for not denying parenting time and we supported it with insights from research in our article, “How Can I Deny Parenting Time In Michigan?” where we mentioned the impact of strong parent engagement with their children.
What Happens If I Deny Overnight Visitation?
In Michigan, you cannot oppose parenting time without a court order. If you refuse to allow the other parent to visit, you run the possibility of being placed in contempt of court. In Michigan, you must always have a strong reason before withholding parenting time.
Here are the potential consequences when denying parenting time or visitation:
[ a ] Contempt of Court
First, the offending parent can be found in contempt of court. Accordingly, the parent who refuses can be subject to a fine or perhaps jail time. Furthermore, any time lost to the reluctant parent may need to be made up.
[ b ] Loss of Child Custody
The parent who was refused custody may actually suffer the second repercussion. This is because the court can infer from a parent’s denial that they are unable to put the interests of the child first.
[ c ] Payment of Attorney Fees
Court costs and legal expenditures could be charged to the account of the parent who is refusing custody. This can contribute to your growing legal expenses in the course of your divorce case.
Custody and parenting time are governed by the Michigan Child Custody Act. The rights and obligations of parents with regard to their children are outlined in the Act. To provide the parties and the children with some structure, a parenting time plan is frequently made.
The family court in each Michigan County carries out the Michigan Supreme Court’s enforcement of this Act. Circuit Court is Michigan’s family court.
In each County, a friend of the court is also available to assist the Family Court. The Friend of the Court routinely investigates custody and parenting time concerns and makes recommendations to the court afterward. Frequently, the FOC makes recommendations about custody, parenting time, and child support.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.