Parenting time is time set aside by court order for a parent and child(ren) to spend together in the absence of a contrary agreement by the parties. Michigan law recognizes that it is in the best interests of the child(ren) that parenting time occur in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child(ren) and the parent. To this end, parenting time should be on a regular schedule with specific consistent starting and ending times for the ease of the parties and child(ren) in planning their schedules.
It is a MYTH that children are assumed to reside with their mothers post-divorce. Rather, the law in Michigan specifically provides for parenting time in frequency, type and duration to foster and encourage a relationship between each child and each parent (except for circumstances of abuse and neglect or certain crimes, i.e., extremes).
In order to determine the length, frequency and type of parenting time, the court considers several factors (MCL 722.27a).
1. The existence of any special circumstances or needs of the child.
2. Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing.
3. The reasonable likelihood of abuse or neglect of the child during parenting time.
4. The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.
5. The inconvenience to, and burdensome impact or effect on, the child of traveling to and from the parenting time.
6. Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.
7. Whether the parent has frequently failed to exercise reasonable parenting time.
8. The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent’s temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent’s intent to retain or conceal the child from the other parent.
9. Any other relevant factors.
The emotional challenges and unresolved issues between separated parents may interfere with shared parenting. Children may find themselves torn between their desire to have a relationship with both parents and their desire to avoid the negative feelings associated with their parents’ relationship. Parents may place their child(ren) in awkward positions by using the child(ren) to deliver messages, or to act as a spy to report information back to the parent. Some parents may also use parenting time to exert control over the other parent or to express anger and dissatisfaction about the other parent to the detriment of a child(ren)’s well-being.
The more difficulties the parents have with the dissolution of their own relationship, the less discretion they may be capable of exercising. Astructured parenting time schedule may assist parents who work poorly together. Structure will also help the child(ren) by providing a stable routine. When the parents work well together, a less structured schedule may be sufficient.
When the child(ren) grow older, the same developmental stages that cause the child(ren) in intact families to spend less time with their parents are present for those families that have been reorganized by the parents’ separation. This will require more flexibility in the parenting time schedule. Structuring parenting time to meet the goal of stability will eventually allow the parties to treat their child(ren)’s time with the other parent as a separate component of the parent/child relationship.
In order to provide the necessary structure for parenting time to occur, parenting time orders are required to be granted in specific terms if requested by a party and may contain any reasonable terms or conditions (MCL 722.27a (8)). Examples of such terms and conditions include:
1. Division of the responsibility to transport the child(ren).
2. Division of the cost of transporting the child(ren).
3. Restrictions on the presence of third persons during parenting time.
4. Requirements that the child(ren) be ready for parenting time at a specific time.
5. Requirements that the parent arrive for parenting time and return the child(ren) from parenting time at specific times.
6. Requirements that parenting time occur in the presence of a third person or agency.
7. Requirements that a party post a bond to assure compliance with a
parenting time order.
8. Requirements of reasonable notice when parenting time will not occur.
9. Any other reasonable condition determined to be appropriate in the particular case.