The importance of parenting time must be understood by parents. It is a legal requirement parents and the minor child must follow. Denying parental time constitutes obstruction of a legal order. Can you really refuse parenting time, a valid court order in Michigan, without jeopardizing your own parenting time in the process?
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The other parent may believe they have the authority to deny a non-custodial parent visitation. They may try to persuade the other parent to do things or bend the rules of the divorce by making their agenda a condition of visitation. That, however, is not within their rights. The court is the only one who decides how parenting time is divided.
You Already Know The Truth About Parenting Time
We have discussed often about the role of parents in many of our articles about parenting and child custody. The significant impact of parents and parenting are not to be trifled with. It is already an accepted truth in society and in our legal system.
Decades of research have demonstrated the parent-child bond and the family environment, which includes all primary caregivers, are the foundations of children’s wellbeing and good development. From the moment of birth, children start learning and rely on their parents and other major caregivers to keep them safe and take care of them.
In a child’s formative years, when the brain is rapidly developing and practically all of the experiences are shaped and influenced by parents and the home environment, the influence of parents may never be more obvious. By helping their children grow and develop their knowledge and skills, parents chart the course for their health and wellbeing throughout childhood and beyond.
The parenting experience has an effect on parents as well. Parenting, for example, can improve and center parents’ lives, induce stress or calmness, and trigger a range of feelings, including joy, grief, fulfillment, and fury.
Parenting young children today takes place in the midst of significant ongoing advancements. The body of research on early children is rapidly developing, more funding is going toward family-focused services and programs, the U.S. population is changing demographically, and family arrangements are becoming more diverse. Parenting is also changing more and more as a result of technology and easier access to parenting information.
Whenever possible and when the power of the state is required, the courts as much as possible will not break up a family. Unless there are extenuating circumstances, the court will not separate parents from their children. We have always talked of best interest when it comes to children. The first best interest is to have children under the care of loving and responsible parents. That’s the truth.
So embrace this truth about parenting. And, embrace the truth the courts are telling you about parenting time. Your own attorney is going to echo the same truth.
It’s An Order That’s Why It’s Uncommonly Powerful
In circumstances where both parents are able to come to an amicable agreement and are willing to cooperate, the court may grant an unstructured parenting time schedule. It can therefore be said that parents are allowed to split parenting time. If both parents regularly see their children, that is.
Other times, the courts will have to impose a strict schedule with set days for each parent and alternate holidays.
While parents may come to all kinds of agreements during the divorce process, the court must approve any parenting arrangements made by the parents. The court will often approve any agreement that the parents reach. The court will, however, reject the parents’ negotiated parenting plan if there is a significant reason to be concerned about one of the parents.
This will occur if one parent has one of the following:
- [a] criminal record
- [b] having previously abused drugs or alcohol,
- [c] history of sexual or domestic abuse, or
- [d] additional problems that they will perceive as endangering the kids.
However, the “default” stance of the court is that giving the kids access to both parents is in their best interests. It won’t stray from that course without a good reason.
One parent will typically be in charge of the kids during the week. After that, the weekend will be under the care of the other parent. Alternating weekends is a further typical strategy.
The stability issue is the key consideration that directs these agreements. The court recognizes the necessity for the kids to have a regular schedule even while having access to both parents is in their best interests.
In the majority of divorces, there is some amount of hostility between the spouses. This may occasionally affect the ongoing bond that the parents are required to have. There may be disagreements regarding visitation arrangements. When the custodial parent reschedules, cancels a visitation, or disregards their obligation under the contract, accusations may be leveled. One party could believe the other is rigid or unwilling to make concessions to guarantee the kids see both parents.
That said, a visitation schedule can be thrown off by work schedules, travel arrangements, and a host of other issues. A child visitation attorney will be necessary to advocate on behalf of a non-custodial parent who feels that they are being unfairly denied access to their children.
In this scenario, either party may submit a judicial grievance. Whether or not the visitation was legitimately canceled will be decided by the court. To ensure that you receive agreed-upon access to your children, it is your lawyer’s responsibility. The court can exert pressure on a parent who is obstinately preventing their children from seeing the other parent in a number of ways.
The question raised here is this: How Can I Deny Parenting Time In Michigan?
You must understand parenting time once it is set and embodied is actually a court order. A court order has the same effect as the court order that forces you to pay penalties. It is the same court order that sends convicts to their death, sends them to prison or exile (if that’s even still practice today).
Parenting time is a court order. So when you say you will deny parenting time, you are basically saying you are denying the execution of a court order.
What do you think happens?
You Better Not Go Against Truth And Power
So, the truth is you cannot deny parenting time to the non-custodial parent in Michigan. Plain and simple truth. It’s a court order. It will be done. Or, else. The order emanates from the power of the court defined by statutes.
It is simply an undeniable and powerful truth.
Without a court order, you cannot refuse parenting time in Michigan. You could be found in contempt of court if you deny the other parent parental time. In Michigan, you must always have a good reason before refusing parenting time.
The time allotted for a non-custodial parent to spend with their child is known as parenting time. If the custodial parent refuses the non-custodial parent parenting time, there can be repercussions. Let’s do a run down of these repercussions.
Contempt of Court
The denying parent may be found in contempt of court as the first repercussion. This indicates a fine or perhaps jail time could be imposed on the parent who refuses. The refusing parent may also be required to make up lost parenting time.
Loss of Child Custody
The second repercussion is the parent who denied custody can really lose it. This is because the court can assume the parent who is denying can’t put the child’s interests first.
Payment of Attorney Fees
The parent who is rejecting custody may also be responsible for paying court costs and attorney fees. Denying parents time is a bad concept. It could have negative effects.
If you want to try the truth of parenting time and the power of the court order, you can test any of the above repercussions by denying the non-custodial parent his or her parenting time.
You’re going to find out how serious the courts are in Michigan about the child’s best interests.
Don’t try this at home! Call a professional. Call your attorney!
You don’t really have much time for parenting time and if you want to know the truth about it, read our article on “How Many Times A Week Should A Father See His Child In Michigan?” to see how those precious few hours of available time can be use.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.