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Parenting Time Pursuant to MCL 722.27(a), 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 to have a strong relationship with both of his/her parents. Except as otherwise provided in this section, parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.
Habitually, parenting time is unnecessarily upsetting for parents and more so for children, parenting time is special. This time is reserved to foster the relationship between the child and the non-custodial parent. Some disputes between the parties regarding parenting time can occur because one party is always late, one of the parties arrive with a new boyfriend or girlfriend in-tow, a parent makes excuses for not exercising parenting time, and this list could continue. Please, keep in mind your children are having a difficult time adjusting to the new situation without the parties arguing or carrying on about the other parent, your children need time to adjust to the changes that are occurring in their lives. If you tell a child that you are coming to see them, be sure to show up. The tales of children waiting all weekend for a parent to arrive for parenting time are disturbingly common. The custodial parent is not obligated to sit around and wait to see if the other parent will show. Parents should arrive on time and on occasion within a few minutes of the agreed or designated court ordered time. Out of respect, if a parent is going to be late or is unable to exercise their parenting time, they should contact the other parent to inform them that parenting time will occur or not occur. Parents should not use their children as a source for information regarding the activities of the ex-spouse. This will only create hostility between the parties and the children will soon learn how to play one parent against the other, because they will tailor their remarks to what that parent wants to hear. Avoid these parenting time problems • Don’t arrive for parenting time with lavish presents when your support is in arrears and necessities (groceries, clothing, etc.) are inadequate in the custodial parent’s home. • Don’t forget to supply adequate clothing for parenting time and to inform the non-custodial parent of necessary medication and possible illness. • Don’t keep telling your children you will have custody of them some day. Petition the Court for a change in custody and do your talking in the courtroom, where it counts. • Pick up and return your children on time. • Spend time with your children. Regular parenting time with children cannot be stressed enough. Many times children are home with a babysitter, or lumped together with a new wife or husband’s children, spend quality time with your children. • If there is a problem of communication between the parties, stick to a rigid schedule; wait at the front door or in the car for the children, and have as little contact as possible with the other parent and only discuss the welfare of the minor children. • Do not expect the other parent to let you have the children if you have been drinking or using drugs. • If you do not have a driver’s license, have a relative or friend drive you to pick up your children for parenting time. • Make sure both parties have the proper safety equipment in their vehicle for transporting children during parenting time. This list could be endless. Please avoid as many pitfalls as possible to help alleviate the stressful situation your children are facing. Parenting time with the minor child should be encouraged by both parties even though you may have less than favorable thoughts about the other parent, keep them to yourself and do not share them with your children. Undoubtedly in abuse and neglect cases this can be difficult, these are different circumstances and should be handled by the court. If you are the custodial parent the following tips will assist you in helping your child have a stronger relationship with the other parent. • Make copies of special photos of the children to share with the other parent or relatives. • Let the other parent know of extra curricular activities. Even though their parents are divorces, they still want both parents to be involved and have an interest on what they are doing and accomplishing. • Do not plan or schedule activities for your children that will interfere with the other parent’s parenting time, without first contacted the ex-spouse to discuss the matter. • Make sure the child has enough clothing and supplies (perhaps, a favorite toy, game etc.) and do not arguing in the presence of the child. • Help the child pick out a gift or birthday card for the other parent, or make a homemade card or gift. • Encourage communication between the child and the other parent either by telephone or letters. • Do not interfere or criticize the other parent’s method of parenting, it’s a proven fact that we all parent differently. For example, do not tell your child that the other parent should not let him/her eat between meals, be in bed at a certain time, dress a certain way, and again this list could continue. • Let the other parent know (even though it may be difficult) how important it is having both parents is a child’s life and continue this positive relationship. The above list not only pertains to the custodial parent but to the non-custodial parent. If parents can be cordial to each other while discussing issues regarding their children, this will have a positive affect on your children and help them adjust during this difficult time. Denying parenting time Support and parenting time are separate issues and have there own enforcement procedures and penalties. Parenting time should continue even if support is not being paid. Contact the Friend of the Court Enforcement Officer if you have concerns regarding non-payment of support and to ensure that enforcement measures are in progress. Enforcement of parenting time The Friend of the Court will enforce the written court order. If you feel you are being denied court ordered parenting time complete the form, Complaint for Violation of Parenting Time, submitting your allegations to the Friend of the Court office within 56 days from the date of denial. You must specific days and times you believe your parenting time is being denied. The Friend of the Court office will send notice to the party allegedly denying parenting time informing them that the other party has filed a violation of parenting time and they will have 21 days to respond to those allegations. After 21 days the Friend of the Court will make a determination on whether or not there has been a parenting time violation. If the Friend of the Court office does not receive a response from the party it will be determined that there has been a violation and make up parenting time will be awarded. If this is an on going occurrence, additional days may be added or an Order to Show Cause for Contempt hearing will be schedule to have the parties appear before the court. The Court will determine the sanctions necessary for the continued parenting time violations, which could result in jail time. Both parties must attend the hearing. Modification of parenting time Either parent may represent himself or herself, this is known as Pro Per or Pro Se, when filing a motion for a change in his/her parenting time order. The Friend of the Court office will provide the necessary forms to the party who wishes to file this type of motion without the assistance of an attorney. A party may seek legal counsel to assist them file a motion requesting a change in the parenting time order. Parties can agree (stipulate) to change the parenting time schedule without a court hearing if they believe it will benefit the children (Stipulation to Parenting Time). Please follow the instructions outlined with the underlined form. Friend of the Court Conference A party may request a conference with the Friend of the Court to discuss the parenting schedule or to establish a specific parenting schedule for the non-custodial parent when the parties are having a disagreement with parenting time. The Court requires that the parties meet with the Friend of the Court prior to any petition (motion) being filed with the county clerk and a hearing scheduled before the court. It’s the Court’s intention to have the parties resolve their differences and establish a schedule that will better suit their needs before the court imposes a schedule that is not favorable with the parties. Parenting Time Credit (Abatement) The Michigan Child Support Formula allows for a child support account credit when the non-custodial parent has the minor children for six (6) consecutive overnights or longer. In order to receive a credit toward child support, the non-custodial parent must submit an abatement form to the office of the Friend of the Court within 90 days from the date the minor children return to the custodial parent. A copy of this form will be provided to the custodial parent for verification and barring any objection or no response from the custodial parent, the dates indicated will be entered into the Michigan Child Support Enforcement System (MiCSES). If the custodial parent objects to the dates indicated on the abatement form a hearing will be scheduled before the court and the court will determine the amount of credit that will be received. Most orders follow the Formula and allow a fifty-percent (50%) credit (abatement). When this credit does occur, you are still court ordered to meet your monthly support obligation; therefore, do not adjust your payment by 50%. Contact the Friend of the Court office and they will discuss how the credit will be handled in your case. Forms: Request Friend of the Court Conference Complaint for Violation of Parenting Time Stipulation to Change Parenting Time
Links: Parenting Time Questions & Answers
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