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

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.

WHERE DO I GET INFO ON MAKEUP PARENTING TIME?

Michigan law, MCL 552.642,  requires each circuit to establish a makeup parenting time policy for wrongful denials of parenting time. Under the policy, the makeup parenting time must be of the same type and duration as the time denied, including weekend parenting time for weekend parenting time and holiday parenting time for holiday parenting time. The policy must provide that makeup parenting time be taken within one year after the wrongfully denied parenting time was to have occurred. The wrongfully denied parent must be given the right to choose the time of makeup parenting time but be required to notify the FOC and the other parent in writing not less than one week before the desired makeup parenting time for weekend or weekday parenting time and 28 days in advance for makeup holiday or summer parenting time.

Makeup parenting time is normally used as a remedy for violations that are not likely to recur. If the parenting time denial is severe, makeup parenting time is not usually a good remedy. For instance, makeup parenting time is not appropriate when the custodial parent has frequently denied parenting time and is likely to do so in the future. Using makeup parenting time in such a circumstance merely postpones the ultimate resolution of the issue. Makeup parenting time is also not a good remedy for cases involving domestic violence because it does not address the underlying dynamic of power and control.  For these problems, parents should seek to modify parenting time and/or child custody and for contempt sanctions.

For detailed discussion of the steps the FOC may take in enforcing custody and parenting time violations, see SCAO Administrative Memorandum 2002-11, Guidelines for Enforcement of Custody and Parenting Time Violations, available on the SCAO website.

WHAT DO I DO IF MY EX DENIES MY PARENTING TIME?

If parents do not agree to make-up parenting time, the parent who was denied parenting time must put the complaint in writing to receive assistance from the Friend of the Court. The complaint should contain the date(s) and time(s) when parenting time was denied and a brief description of the circumstances. The complaint should be filed as soon as possible, but no later than fifty-six (56) days after the violation. If a denial complaint is filed fifty-six (56) days after a violation, the Friend of the Court has discretion to decline enforcement action. If the Friend of the Court takes action, this action may include:

* a recommendation and order for make-up time

* family counseling

* a fine

* a recommendation for a contempt hearing with the judge

 

A Parenting Time Complaint form is available online at http://courts.mi.gov/Administration/SCAO/Forms/Pages/Domestic-Relations.aspx

HELP! CAN I CHANGE CHILD SUPPORT NOW THAT I'VE LOST MY JOB?

I lost my job and cannot afford to pay my child support. What should I do next?

If you lost your job and cannot afford to pay your child support, your circumstances have changed, and you should try to change your support amount immediately. Any child support payments that are due before you try to change your support cannot be reduced after they were due. Any change in child support ordered by the court will start on the day the other parent is notified that you have asked the court to change your child support amount, not on the day you become unemployed.  KEEP IN MIND, voluntarily becoming unemployed or underemployed won't cut it -- you will be IMPUTED that income, whether or not you still earn it.

How can I change my child support amount?

There are two ways to change child support payment amounts. First, you can ask the friend of the court (FOC) to review your child support order. The FOC will review a child support order that is older than three years and when more than three years’ time has passed since the FOC last reviewed the child support amount. If the order has changed within the last three years or if less time than three years has elapsed since the FOC last reviewed the child support order, the FOC can review child support only when there has been a change in circumstances. The FOC can usually review child support amounts if you have lost your job. If the FOC review agrees that the support order should change, the FOC will ask the court to change the order.

You can also change child support amounts through the court by filing a Motion Regarding Support (Form FOC 50). You can get a copy of the form from your local FOC or print one from: http://courts.michigan.gov/scao/courtforms/domesticrelations/drindex.htm.