Parenting Time Schedules in Michigan

Any child under the age of 18, when their parents are no longer together and regardless of whether the parents were previously married or unmarried, should have a parenting plan. MCL 722.27a(1) states: “Parenting time shall be granted in accordance with the best interests of the child. It is presumed to be in the best interests of a child for the child to have a strong relationship with both his or her parents. …”

With amicable parents, it is not uncommon for the parents to operate on an informal schedule, either not reduced to writing or very loosely defined in writing. While that flexibility can be beneficial for both the parents and the children, no set of parents are immune to dispute at some time in the future. All parents, regardless of the level of agreeableness, should have a detailed parenting time schedule in case of a breakdown in the relationship at some point in the future.

Types of Schedules

Parenting time schedules can and should be catered to the needs of each individual family, considering all factors, including work and school schedules, extracurriculars, distance between the parents’ homes, and the needs of all parties. Sometimes, different children of the same parents benefit from different schedules than their siblings, particularly if a child has special needs or is very young.

Situations involving abuse or other matters that would endanger a child physically, emotionally, or mentally may require special parenting time provisions such as supervised or limited durations with that parent.

How Do We Create a Schedule?

Ideally, the parents of a child would work together to form a schedule in the child’s best interests without the need for court intervention. In that case, the parents should put a very specific schedule in writing.

Some important aspects of a good parenting time schedule include, but are not limited to:

• Exchange times
• Exchange locations
• Holiday parenting time
• Make-up parenting time provisions

These schedules will still be submitted to the court to be entered as orders upon the court’s findings that the schedule is in the child’s best interest.

Can My Child Choose Their Schedule?

It is a common misconception that a child can pick which parent they will live with once they reach a certain age. The child’s preference is only one of 12 factors that the parents and ultimately the court will consider when entering a parenting time schedule.

Can We Change an Existing Parenting Time Schedule?

Yes. A parenting time schedule for any child may be modified. The parents can agree to modify a schedule by showing the court the modification is in the child’s best interests. It is crucial that any modification to an existing parenting time schedule be put in writing, signed, and submitted to the court for entry of an order granting the parties’ agreement.

Contested Parenting Time Schedules

Both uncontested and contested parenting time arrangements need to be in the children’s best interests.

In a contested parenting time action, the court will determine whether there is an Established Custodial Environment with either parent. According to MCL 722.27(1)(c), the Established Custodial Environment exists with any parent with whom: “…over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort.”

Additionally, the court will evaluate the best interest factors outlined in MCL 722.23. These factors include:

• The relationship between each party and the child
• The ability of each parent to provide the child with “love, affection, and guidance”
• The ability of each parent to raise the child in their customary education and religion (if applicable)
• The ability of each party to provide the child with basic needs
• The desire to keep the child in the environment to which they are accustomed and the length of time they have been there
• The stability of each parent’s home
• The parents’ moral, mental, and physical health
• The child’s home, school, and community involvement
• The child’s preference
• Each parent’s ability to encourage a relationship between the child and the other parent
• Any domestic violence

Additionally, the court can consider any other relevant factor. MCL 722.23 (a)-(l).

Contact Our Family Law Attorneys in Michigan Today

Parenting time disputes can be some of the most expensive, time-consuming, and emotional to litigate. However, they can be some of the most important issues to resolve for the sake of the children. Contact the Michigan family law attorneys McKinney Vos today for a free consultation to discuss your specific parenting time concerns.