Can a parent deny parenting time? Should it be just a Michigan court deciding this? Should and can sometimes have very different meanings. Can you refuse parenting time? Perhaps you can. Should you refuse parental leave? No lawyer will ever suggest you disobey a court order, such as a parenting time order.
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You can’t actually just decide to refuse the other parent the scheduled visits when a parenting time order specifies those days in a week for visitation. The court has the authority to determine and alter parenting time. There are repercussions for breaking a parenting time order’s specified visitation schedule. If you do refuse parenting time, be sure your justifications will be accepted by the court.
What is Parenting Time in Michigan?
The time a child spends with each parent when parents do not reside in the same home is referred to as parenting time in Michigan. In most cases, the parent with sole physical custody has more time with the child than the other parent and enjoys a significant amount of parenting time.
Parenting time is frequently equal or almost equal when partners share joint physical custody, this is not a requirement.
In a divorce, custody dispute, or other family court issue, a custody and parenting time order may be entered. Parenting time and custody arrangements have a significant impact on your children’s living arrangements, frequency of visits with each parent, and decision-makers for them.
“Reasonable parenting time” is when parents work out their parenting time as they go, without a set plan, and is an option that can be allowed instead of defined dates and times for parenting time. You must submit a request to the judge asking him or her to settle any disputes regarding acceptable parenting time.
A precise schedule exists if you have designated parenting time. You may be able to decide on a parenting time schedule if you feel at ease discussing it with the other parent of your child. You might obtain a court-ordered timetable in place of one you can’t agree on.
What Is the Legal Basis for Parenting Time?
Sections 722.21–722.31 of the Child Custody Act of 1970 (Act 91 of 1970) define and outline parental and child rights. The Act addresses many different topics, including guardianship custodial information, parenting time, and grandparenting time. The Child Custody Act also contains very strong provisions against child abuse.
Simply put, Michigan’s child custody statutes make it challenging to grant the other parent custody if there is an established custodial environment with one parent. The court aims to avoid upsetting changes if the child relies on one parent for parental comfort, advice, and punishment as well as for basic needs.
Unless there is definite and convincing proof that something has to change. The burden of proof is a preponderance of the evidence, which is significantly simpler to show if there is an established custodial environment with both parents.
Parenting time is defined in a court order based on the Child Custody Act of 1970 (Act 91 of 1970), specifically Michigan Compiled Laws (MCL) 722.27a.
The 12 Best interest considerations are listed in Michigan Compiled Laws section 722.23 and are taken into account by courts when determining custody and parenting time arrangements.
The “best interests of the child” are defined by Michigan’s child custody laws as the sum of a set of considerations, assessments, and rulings by the court.
In general, children have the right to spend time with both of their parents. Unless there is compelling information that would persuade the judge that it would endanger the child’s physical, mental, or emotional health, they are entitled to parenting time.
To further ensure proper implementation of the law, a set of guidelines were put together for this purpose.
Your ally in ensuring that parenting time is applied properly is the Friend of the Court. The Michigan Supreme Court’s State Court Administrative Office is required by MCL 552.519 to provide publications that will assist each friend of the court office in carrying out its functions.
The previous Michigan Parenting Time Guideline was published in 2000 with the intention of educating members of the public as well as professionals, such as court officials who help parents create parenting time schedules. The Michigan Parenting Time Guidelines’ most current revision was only released in March 2022.
Who Can Mandate or Modify Parenting Time?
The Michigan Supreme Court’s enforcement of the Child Custody Act of 1970 (Act 91 of 1970) is carried out by the family court in each Michigan County. The family court in the state of Michigan is called Circuit Court.
Each County has a Friend of the Court (FOC) to assist the Family Court. The FOC will typically examine custody and parenting time concerns and provide guidance. The FOC frequently makes recommendations about choices including custody, parenting time, and child support.
If the parties cannot agree, the judge will determine the amount and nature of each party’s parenting time. Judges decide parenting time by taking the child’s best interests into account, much like they do when deciding on custody. The parenting time variables can also be used by the judge to determine how often each parent receives parenting time, how long visits last, and whether parenting time needs to be supervised.
A parent may be given supervised parenting time or no parenting time at all if the judge finds that they are a danger to the child. This might occur, for instance, if a parent is likely to:
[ a ] Abuse the child sexually or physically
[ b ] Fail to look after and provide for the child
[ c ] Put the child in danger by abusing drugs or alcohol
[ d ] Put the kid in danger of getting hurt in some other way
Michigan state statutes have given the courts the mandate to ensure parenting time is properly enforced and ensure parents follow the parenting time order entered by the court.
If the parents are unable to come to an agreement, an inquiry might be started to learn more about what really occurs during parenting time.
The FOC may be asked to conduct a custody and/or parenting time investigation, also known as an evaluation, and to produce a recommendation in the child’s best interests at the judge’s request. It is required to carry out court-ordered parenting time and custody arrangements when the office receives a valid written complaint. These offices may respond by using the enforcement of parenting.
Can a parent deny parenting time? The answer is you cannot. Should it be up to a Michigan court only? Absolutely yes.
If you want a clear guide on how you can really go about your parenting time, read our article “How to Establish a Visitation Schedule Hassle-Free in Michigan?”
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.