Can my significant other pick up my child for visitation if he or she offered to pick him or her up from my ex’s house during parenting time but I’m unable to attend because of some circumstance? Will my ex-partner be able to decline? Both parents must prioritize quality time with their children.
They must obey the directive in this case. The parent is free to decide how to ensure compliance in specifics. It is assumed both parents have the intelligence, wisdom, and maturity to exercise judgment in making decisions about who to ask to assist them in adhering to the parenting time order.
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Your ex-spouse needs to keep in mind she will have to defend herself in court if you are unable to uphold your half of the parenting time agreement. The only exception is if you provide justifiable reasons for not complying, such as sending your drunk girlfriend and expecting her to be driving your child..
It is very likely one of the parties will date new persons at some point after their breakup. When that occurs, another person is drawn into the parental custody arrangement’s sphere of influence. When children are involved, this can be a sensitive and contentious issue.
The Responsible and Competent Adult You Are
There are often General Terms and Conditions in Standard Visitation Orders that specify who may be present when a child is picked up or dropped off. This clause often indicates either parent may choose a responsible adult to pick up and drop off the child as needed; another responsible adult shall also be present when the child is actually being picked up or being dropped off.
A new boyfriend or girlfriend will typically qualify as a “competent adult” unless they have a significant criminal history for violent offenses, drug offenses, have a protective order or a thick record of protective orders, or are a registered sex felon. This means if a new boyfriend or girlfriend, new husband or wife, is there for pickup or drop off they are presumed to be generally safe.
Most minor offenses won’t be enough to bar your new boyfriend or girlfriend from picking you up and dropping you off. To find out the intricacies of your case and what should concern the judges who might hear it, speak with an attorney.
A word of caution: It’s ideal not to delegate communication with the kids to your new wife, girlfriend, husband, or boyfriend. Parental concerns regarding the children’s extracurricular activities or academic performance should be addressed directly. The parents themselves should be in charge of handling any requests for modifications and specifics on the visitation schedule. It is asking for trouble to let a new partner discuss these issues with the other parent.
Judges prefer the parents, not new partners, to handle communications with the children. It will reflect poorly on you in the future if you let your partner handle these conversations because you “just can’t have a decent talk” with the other parent.
Everyone has a stake in finding a means to communicate for the sake of the kids. Before you give up, consider attending one of the many brief counseling workshops, using the online communication tools, or choosing another course of action. Try these choices, and you might be able to avoid going to court altogether or be in a better position for your subsequent court hearing.
Reach out to a local attorney about your choices if the other parent is being genuinely unreasonable and demanding despite all of your attempts to have a sensible dialogue regarding the children. If the other parent is actually misbehaving, there are things you can do to rectify that.
That New Person Can Make Things Complicated For Everyone
Whenever introducing new persons into their children’s life, parents should exercise caution. It is disruptive and detrimental for children to be hurriedly introduced to and forced to form bonds with a new partner who later quits the parent’s life.
Having a girlfriend or boyfriend could impede a swift or amicable divorce if you and your soon-to-be ex-spouse are already living apart and the process is ongoing. Even if the spouse who committed the infidelity that ended the marriage is no longer present, a relationship with a new person could taint decisions about property division and child custody.
A Michigan divorce court may assume if you’re dating while your divorce is ongoing that you are not sufficiently concerned about the welfare of your kids or you are not spending enough time with them during a critical period in their lives.
If your spouse asserts explaining divorce to the kids would be challenging enough without the presence of a third party, don’t be shocked. Such an accusation contains at least some grain of truth.
Even if your divorce is initially “amicable,” any detail or conduct involving your children or the marital home could cause conflict and be used as evidence against you later on.
A parent’s poor judgment may result in the loss of custody or parenting time in the case of a third-party live-in individual who the judge deems to be potentially hazardous. The utmost caution should be used. You need an experienced family law attorney on your side if the appearance of a new romantic partner sparks litigation jeopardizing your parenting rights.
When Dating You Are, Consequences You Face
A new relationship can change your priorities and the court may rightly assume the same. Such changes in priorities can not bode well when the court reviews your current relationship and dynamics with your children. The court may assume you are not putting your children first and above your new relationship. This may affect determination during child custody proceedings.
Relationships can reveal how judges and others may view a person’s moral character. Dating may jeopardize your custody claims. For instance, it can be assumed you are being overly self-centered by dating openly at the early onset of divorce. The dating parent could come out as uncaring because the children’s best interests always take first priority in custody disputes.
Michigan does not mandate a 50/50 division of the marital estate, in contrast to certain other states. The distribution of marital assets may be modified by the court depending on the conduct and personalities of the divorcing spouses since state law only mandates a “equitable” and fair division.
This is where your dating another will get factored in. The court might decide to do a 70/30, a 60/40 or 65/35 and none of the big chunk is going your way because you don’t seem to care about your children anyway and you have new priorities.
A Michigan divorce court may give the innocent spouse a higher portion of the marital assets and alimony (officially referred to as “spousal support”) if infidelity is one of the reasons you are divorcing.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.