Do courts allow 50/50 long-distance co-parenting for kids? When you say 50/50, you’re implying that the parents divide their time. Will the court still assign equal parenting time if one parent resides out of state? Parental presence is not required every other day or every other week just because it is 50/50. If it’s 50/50, one parent might get the academic year while the other gets all the vacation time.
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The court has a propensity to match the court order to represent reality. The court is reluctant to take into account custody agreements not representing reality. What can you do to make the current custody arrangement realistically reflect it? Submit a motion to update the court order to reflect reality. That will win the court’s approval. The court believes it makes more sense. Have the current terms of the custody agreement reflected in the order.
How far can custodial parents be from their children in Michigan?
When parents divorce dynamics with children changes. They’ll likely switch from sharing a home with their children to living apart. The child may find it more difficult to spend quality time with both parents if they live in separate homes. This is particularly true if the child’s parents are separated by hundreds of miles.
Michigan law allows you to relocate up to 100 miles from where you were living. This was the case when the court issued the initial custody order. You must remain in Michigan. (Michigan Comp. Laws, Section 722.31). You can move far away to make it challenging to maintain an existing parenting schedule. You can encounter opposition from your child’s other parent. A parent who wants to move closer to the child’s other parent is not constrained by the law in any way.
You want to move 91 miles from where your child is legally residing. The court’s permission or the other parent’s consent is not required by law. You must inform the court of the child’s current address. The long distance can make it difficult for parenting time. The co-parent can request a change in custody. They can do that if their child needs to move back and forth between residences. The parenting time must account for the greater distance.
The 100-mile gap between your child’s two registered addresses is the legal measurement. (Mich. Comp. Laws § 722.31 (1). The child has two lawful residences. These are the addresses each parent resided when the custody proceedings got underway. You and the other spouse can share a residence. One of you was homeless when custody negotiations began. Your child only has one legal domicile. The 100-mile distance is not a radius of 100 miles. In other words, you have to keep your travels inside a radius of 100 miles by road, not airborne.
You will need to submit an official petition to the court. The petition is permission to move if the other parent doesn’t agree. The court will decide whether it would be in the child’s best interests to permit you to move.
What will help you cope with long-distance co-parenting?
You must learn to manage your expectations. Especially when there is a considerable deal of distance between you and your child. That includes the other parent too. You probably won’t be able to see your child as frequently as you’d want. They don’t live with you. For a child, lengthy and frequent travel can be upsetting and draining.
You are the parent your child lives with. In place of frequent in-person interactions, your child will need more time. More time to speak with the other parent over the phone. You can better prepare to compromise when issues occur by tempering your expectations. Acknowledge that co-parenting from a distance will mean compromises for both parents.
A clear and open line of communication between you and the other parent is the next step. If there is an emergency, the other parent should be aware of when and how to reach you. If the other parent wants to talk to you about your child, they shouldn’t have to do so through a middleman. Middlemen like your parents or your current spouse.
As for your child’s welfare, you should keep the other parent informed. Tell them if there is an illness or if there are any behavioral problems at school. You should immediately notify your co-parent. If you expect to be late for a custody handover, inform them in advance. Parents might feel like a team when they communicate frequently and with respect.
There will always be some minor inconveniences or need for change. It may or may not jeopardize your co-parenting relationship. Effective co-parenting calls on both parents. It calls on co-parents to assist each other in raising their children. The greatest method for this to work when distance is involved is with mutual support and understanding.
How can you get a court order to reflect the realities of your custody situation?
Any knowledgeable divorce attorney can tell you your parenting time schedule can change. Do not presume that you will be able to alter the schedule whenever you like. Altering a parenting time schedule or custody in the future is challenging. It necessitates some particular actions. The financial situation of you and your ex-spouse could change. Someone might need to move. On co-parent can become ill. You can show either enough cause or a change in circumstances. Do the changes in an agreement. You can always amend and alter these arrangements. Alter it so that it will be helpful to all parties involved.
Once the specifics have been worked out, a parenting plan must be created and submitted to the court as an order. But, you must first have a vision of the desired outcome before it can be made into a court order.
There is always only the practical justification. Whether you’re managing a project at work or negotiating a contract to buy a car. It applies regardless of the emotional and strategic complications involved with child custody. It won’t happen unless it is decided upon and recorded in plain language. It should be binding on the persons involved. We’re referring to the numerous challenges of parenting a child. This includes child support, visitation rights, health insurance, and many more.
A court order is enforced and will be accepted by institutions. Institutions like schools and social programs. A court order is a document you receive from the court. It states that the court supports your parenting strategy. You can enforce the agreements that the court has approved with a court order. What the parents have agreed upon can be approved by the judge. Other times it may need to be modified before the judge will agree to make it an order.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.