When a parent’s priorities are in sync with the best interest of the child, it is easier to see the court’s way of thinking. Your life has to make changes to accommodate your child’s best interest, so it is easier to go from supervised to unsupervised visitation in Michigan.
Click here to watch the video on How To Go From Supervised Visitation To Unsupervised Visitation In Michigan
Parenting time and custody rights can only belong to legitimate parents. Anyone who gives birth to a child is legally the child’s parent. In Michigan, you automatically become the child’s other legal parent if you are married to the parent who gives birth. Even if you are not the child’s biological father.
If you are the child’s biological father but weren’t married to the mother at the time of the child’s birth or conception, you are not the child’s legal father until you take specific actions to prove your paternity.
There are a few ways to achieve legal parent status in this circumstance. These comprise:
- [a] Registering as parents by signing an affidavit of parentage alongside the other parent (this is typically done in the hospital when the child is born) or
- [b] Obtaining a court order designating you as the biological father
The Truth About Visitation and Parenting Time In Michigan
When parents do not share a residence, the time a kid spends with each parent is referred to as parenting time in Michigan.
Under Michigan law, visitation and parenting time have the same exact meaning. The word “visitation” is archaic and more fitting for visiting a prisoner than spending time with a youngster. Parenting time, a softer and gentler term to express the frequency and length of time each parent spends with a kid pursuant to a court’s order, has recently begun to replace visitation in an effort to prevent marginalizing or demeaning a parent.
According to Michigan law, a child’s strong relationship with both parents is believed to be in their best interests, and the court must enter an order reasonably intended to support the relationship. Equal parenting time does not necessarily follow from that, though.
When one party is granted primary physical custody, that parent often receives a significant amount of parenting time, while the other parent receives less. Even though shared physical custody does not necessarily entail equal parenting time, it frequently does or comes close to it.
A Reasonable Parenting Time
With “reasonable parenting time,” parents negotiate parenting time as they go without a set timetable, as opposed to having parenting time provided for specified dates and hours. If there is a dispute regarding reasonable parenting time, you must submit a request to the judge asking him or her to decide the issue.
If you are granted particular parenting time, a schedule is in place. You might be able to come to an agreement on a parenting time schedule if you feel comfortable speaking with the other parent of your child. If the two of you are unable to come to an agreement, the court may instead establish a schedule.
Parenting Time That Is Supervised And Restricted
Parenting time under supervision and parenting time restrictions are two distinct concepts.
Supervised parenting time is when a parent is actually compelled to have their parenting time or time with the child supervised by another adult nearby.
When the court just imposes limitations on your parenting time, this is referred to as having restricted parenting time.
In such a situation, the court may order a parent to refrain from using alcohol during their parenting time, refrain from taking the child to a particular location during their parenting time, or perhaps refrain from having particular people there. If the situation warrants it, the court may impose any number of limitations on your parenting time.
This is The Guaranteed Way To Supervised Visitation For Life
In situations when the court determines spending time with the child alone is not in the child’s best interest, judges will not lean towards unsupervised visitation. The non-custodial parent will have access to the kid on a predetermined schedule at a facility authorized by the court while being supervised by an authorized third party.
In some circumstances, the judge will let the families select a supervisor from among friends or family. The house of the relative or another authorized location is where the parent and child may visit.
In order to determine a Parenting Time Order, Michigan courts will consider the evidence provided during a custody hearing. The amount of time the child will spend with each parent and how time will be spent will be determined by this sequence. Due to the following reasons, the court may order parents’ visits with their child be supervised:
- [a] The judge thinks the parent poses a kidnapping risk;
- [b] The parent’s mental illness history;
- [c] The father was just found guilty of a crime or got out of jail;
- [d] The kid asked for visits to be supervised;
- [e] A history of abuse or neglect is presented to the court;
- [f] The parent and child are utterly cut off;
- [g] Abuse of drugs or alcohol is a behavior that is widely prevalent.
The right of a noncustodial parent to spend time with a kid is taken extremely seriously by the court, and it will only limit a parent’s access to the child in special cases.
A parent might be required to submit to a drug test before seeing the child, for instance, if they have a history of using drugs or alcohol.
The use of supervised visits is not always ongoing. Before allowing unsupervised visits, judges may add requirements to the custody order the non-custodial parent must fulfill. The parent may also ask the court to conduct an official review if there are no specified requirements.
The court’s logic is very simple. All the conditions that factor in the best interest of the child always draws a favorable vote from the court. So if you want the court to continue the supervised visit forever, just do the exact opposite of best interest and you can stay out of your child’s life forever.
In some special circumstance, you may have considered an overnight supervised visitation. Is this possible? Find out in our article, “Can Supervised Visitation Be Overnight In Michigan?” for a different point of view on the matter.
Supervised, Unsupervised Ways Of Surprisingly Simple Visitation
Judges recently erred on the side of granting parents joint physical custody of their child whenever possible since scientific data repeatedly reveals doing so is more often in the child’s best interest.
However, there are some circumstances in which a parent has not yet demonstrated they have a positive influence on their impressionable youngster. This might happen when a parent and child are already estranged, when a parent is getting help for a drug problem, or when a parent has a history of abuse
In cases like these, a judge might rule a parent should only be granted visitation, with the possibility of revoking the decision to provide shared physical custody in the future.
Visitation can be divided into two categories: unsupervised and supervised. The more common of the two is unsupervised visitation.
When one parent has the right to unsupervised visitation, the other parent’s home or a previously decided-upon public location will typically be where the child is picked up and taken. A public venue for an outing or the parent’s house could be this other location. Unsupervised visitation may be subject to some predetermined restrictions for the parent who is granted it.
These restrictions may include restrictions on the days and times when the child may be taken. It can also restrict the places the youngster can be taken. If a child is young enough to be breastfeeding, there may be further limitations put on visits. If so, the parent who was granted visitation may only be permitted unsupervised visits in the mother’s house up until the child is able to eventually take a bottle.
If granted supervised visitation, a parent is only permitted to see his or her child in the company of another grownup. But anyone can’t just be that person. While a judge may occasionally let a family friend or grandmother to see such encounters, in other circumstances, the judge may insist that a court official or social worker supervise the visits.
There are three types of supervised visits, and each has specific limitations. You can be prohibited from seeing your child unless a member of your family, a close family friend, a therapist, or a government representative is also present.
The Supervised Visitation by Family/Friends
This is the choice the court makes when it determines that even though you don’t immediately pose a threat to your child, someone should nevertheless be present to keep an eye on you.
For parents who have recently been released from jail or prison on nonviolent offenses, parents in recovery from addiction, or parents with alienated children, it is the most popular option.
There are three levels of limitation available: the supervisor must live with you throughout the visit, must be present in the room with you during the visit, and must remain in visual contact with both you and the child at all times.
Visitation is Supervised by the Therapist.
This is the option the court will select if it determines you do not pose a risk to your child but you and your child require expert assistance to effectively reunite. The rules are the same as above, but the therapist will be much more involved in helping you and your child communicate and form relationships during the visit.
The Agency Supervised Visitation
For parents who the court determines to pose a physical, mental, or emotional harm to their kid, agency supervision is put into place. The guidelines are substantially stricter for agency-supervised visits.
You must wait for your child to touch you first. The parent carefully follows the child’s lead if they want to make physical contact with them. You are not permitted to speak to your child inaudibly. Everything you say must be audible to the supervisor and understandable to them in all languages.
The arrangement also prohibits writing to one another! Before giving a present to a youngster, you must have it examined and approved. Finally, you are only permitted to visit your child in a designated area pre-approved and is safe for visitors.
If you want to know more about supervised visitation, read our article, “What Are The Rules For Supervised Visitation In Michigan?” there’s a lot of rules about it.
This Is the Direct Way To Regain Unsupervised Visitation
You can work out the specifics of how to modify the Parenting Time Order so that you are no longer compelled to have supervised visits with your child. Work this out with the assistance of a family lawyer. It won’t be simple, and in certain situations, it might even be impossible.
In general, if you’re persistent, you can regain the right to see your child without someone hovering over you.
Here’s an approach your lawyer will most likely take you.
You must submit a petition to the relevant court in order to change a child custody or visitation order. Remember that this may be referred to as a motion rather than a petition in other jurisdictions. Generally, the petition must contain the following details:
- [a] The names and residences of both parents;
- [b] A copy of the custody or visitation order currently in effect;
- [c] Your justification for your modification request; and
- [d] Proposed terms for adjustment.
You must sign the petition and submit it to the court clerk where your case is currently pending. The filing may be subject to a fee, the amount of which will vary. You must be aware of these requirements as some courts may have form petitions or request that specific forms be attached to the petition.
The other parent will need to receive a copy of the petition or have it sent to their attorney, if they have one. If you have legal representation, they can draft the petition and file it on your behalf to guarantee it is done correctly and all necessary paperwork is attached.
In most situations, the court will then set a hearing date on the petition before making a ruling. You’ll be able to support your position with proof. The hearing will also give the other parent a chance to react in writing and make their cases.
The judge will then evaluate the facts to decide if the adjustment is in your child’s best interests. Faster action and interim orders removing the child from the home may be implemented if there is a claim of child abuse in order to protect the child until the petition is considered and decided.
Keeping in mind the best interest of your child will put you in line with the court’s position. Behave accordingly, and your interaction with your child, your spouse, and the court will be proof enough to get you from supervised to unsupervised parenting time.
If you’re the parent who don’t want your ex to do visitation, we suggest reading our article, “How Can I Deny Parenting Time In Michigan?” might help you to think about it before seriously acting on it.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.