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WHAT DOES THE FAMILY COURT CONSIDER WHEN FIXING MY PARENTING TIME SCHEDULE?

January 13, 2016

My order says parenting time is supposed to be in frequency, type and duration so as to foster my relationship with my child. What does this mean?

 

At the request of either parent, the family court must give a specific schedule for parenting time. If you do not have a specific schedule and your arrangements with your ex are not working, petition the family court for one. It is your and your child’s right.

 

Michigan law specifies what the family court must consider.

You can read the entire Michigan Parenting Time Guideline here:

http://courts.mi.gov/administration/scao/resources/documents/publications/manuals/focb/pt_gdlns.pdf

 

 

In order to determine the length, frequency and type of parenting time, the family 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.

 

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.

Tags Questions, Answers, Parenting Time, Resources
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