Washtenaw County Friend of the Court Information

Parenting Time

Formerly known as visitation, parenting time defines the rights of the non-possessing parent to see the child(ren). Parenting Time is generally the area that presents the greatest emotional problems for the parties, their children, their relatives, their new significant others, and new spouses.

What are “reasonable” rights of parenting time?

Most judgments state that parenting time rights are “reasonable.” This allows the parties the greatest flexibility in working out a comfortable parenting time schedule. Parenting time rights should change as the children mature and as the parties move to locations nearer or farther away from each other. “Reasonable” rights allow the parties to make these adjustments without going through the court. If the parties cannot agree on what constitutes “reasonable” rights of parenting time or if the visiting parent is denied parenting time without a good reason, he/she should file a written complaint with the Friend of the Court Parenting Time Enforcement Department. (see Enforcement )

The Michigan Child Custody Act ( MCL 722.27a, MSA 25.312(7a)) states:

“[Normally], parenting time shall be granted to a parent in a frequency, duration, and type to promote a strong relationship between the child and the parent granted parenting time. If the parents of a child agree on parenting time terms, the court shall order the parenting time terms unless shown that . . .the parenting time terms are not in the best interests of the child. A child shall have a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that the parenting time would endanger the child’s physical, mental, or emotional health.”

The Michigan Child Custody Act also states that the judge may consider the following factors when determining the frequency, duration, and type of parenting time to be granted:

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 the visiting parent can reasonably be expected to exercise parenting time in accordance with the court order.
7. Whether the visiting 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.

Don’t deny parenting time to get support

Support and parenting time are not dependent on each other. Parenting time should continue even if support is not being paid. File a complaint for enforcement of support with the Friend of the Court; don’t try the self-help remedy of denying parenting time. The converse is also true, if you are being denied parenting time, continue to pay support and file a complaint for enforcement of parenting visitation (see Enforcement). A Friend of the Court enforcement officer cannot advise a custodial parent as to whether or not it is appropriate to deny visitation under any circumstances.

Grandparent visitation

In accordance with MCL 722.27b, a grandparent of the minor child whose parents are in the process of divorce may petition the court for parenting visitation privileges. Persons who become grandparents through their son’s/daughter’s written acknowledgment of paternity or by the adjudication of a court or by their son’s/daughter’s regular contribution to the support of a child may also petition the court for visitation. The Friend of the Court does not file such petitions. It may be necessary for the grandparents who desire visitation to hire an attorney to assist them in this matter. The Friend of the Court will enforce visitation for a grandparent once an order is entered.

Post Judgment Modification of Parenting Time

A parenting time order can be modified to meet the changing situations of the parties or the children. Either party may, at any time, petition the court for modification of a parenting time order through private counsel. If there is a dispute as to parenting time that is not resolved by the parties through a meeting with the Friend of the Court or through domestic relations mediation, the Friend of the Court may petition the court for a modification for the parenting time order.

Enforcement of Parenting Time

If you are being denied parenting time, a written parenting time enforcement request form should be filed with the Friend of the Court Office. The request should include the case name and case number and should address the following items:

1. The date of when parenting time last occurred.
2. Documentation of efforts to visit.
3. Description of the circumstances surrounding the current denial of parenting time.
4. Signature, address, and telephone number of the party being denied parenting time.
5. Upon the receipt of a written complaint, a letter will be sent to the custodial parent. The parties will be given an opportunity to resolve the parenting time dispute either through the Friend of the Court Parenting Time Enforcement Department or through domestic relations mediation. If the dispute cannot be resolved, or if there is no response to the letter within fourteen (14) days, an order to show cause will be requested if it appears circumstances warrant such action. If the judge finds either parent in contempt, conditions will be set to enable that parent to clear himself/herself of contempt. If that parent is sentenced to jail, he/she will be released from custody as soon as the judge has reasonable cause to believe that the parent will comply with the parenting time order, even though the term of the sentence may not have expired.

Make-up Parenting Time Policy

In some cases, the Friend of the Court Parenting Time Enforcement Department may determine that it is appropriate to apply the Make-up Parenting Time Policy.

This policy provides that if the custodial parent wrongfully denies the non-custodial parent court-ordered parenting time, the custodial parent may accumulate a parenting time arrearage. Wrongfully denied parenting time may be made up at a later date with the same type of parenting time that was denied, i.e. weekend for weekend, week day for week day, holiday for holiday, and summer parenting time for summer parenting time.

Within seven (7) days of an alleged, wrongfully denied parenting time, the non-custodial parent must write to the Friend of the Court Office, stating the dates and circumstances of the alleged, wrongfully denied parenting time. The Friend of the Court Office will send a notice concerning the alleged denial within five (5) working days of the receipt of the complaint. If there is no response from the custodial parent within seven (7) days of the date of the notice, this will be considered as an agreement that parenting time was wrongfully denied and the Friend of the Court Office will establish a parenting time arrearage. If the custodial parent does reply within the seven (7) days, a hearing will be scheduled before a referee or a staff member from the Parenting Time Enforcement Department to determine whether parenting time was wrongfully denied.

Either party can appeal the decision to the family court within fourteen (14) days of the decision. After a final determination that parenting time was wrongfully denied, the Friend of the Court Office will establish a visitation arrearage. The wrongfully denied parenting time must be made up within one year of the denial.

The non-custodial parent will receive a copy of all notices. Either party may ask his/her attorney to accompany him/her to any hearing.

Some things you should know

The list of possible sources of friction with parenting time is endless. Please avoid as many of the following pitfalls as possible.

1. Be prompt, pick up the children, and return them on time. The Friend of the Court policy is to allow a thirty-minute grace period for both custodial and non-custodial parents in the event of an unforeseen circumstance. Please phone a few days ahead if there is any question of your coming or not coming.
2. If you can’t talk to your ex-spouse at all, stick to a rigid schedule; wait for the children at the front door or in the car and have as little contact as possible with your ex-spouse.
3. Don’t expect the custodian to let you have the children if you have been drinking, using drugs or have an outstanding bench warrant for your arrest.
4. If you do not have a driver’s license, a relative or a friend must do the driving.
5. Don’t bring up unresolved issues of the divorce or child support during times meant for exchanging the children for parenting time.
6. Car seats are required by Michigan law for all children less than one year of age. Children between the ages of one and four must ride in a car seat if they are front seat passengers but a seat belt is permitted in the back seat. Parents who transport their children for purposes of parenting time must provide car seats, as required by law.
7. Parents should not use the children as sources of information as to activities of the other parent.
8. Parents should speak positively to the children about the other parent, or say nothing at all. Speaking negatively about the other parent will do more harm than good.