Parenting Time

What was once referred to as visitation is now called parenting time. Michigan law starts with the presumption that it is in children's best interests to have a strong relationship with both parents. Children have a right to have parenting time with a parent unless it is shown by clear and convincing evidence the parenting time would be harmful to the child, either physically, mentally or emotionally. Further, parents have a right to have a specific parenting time schedule that includes regular dates and times.

Parenting time can be established in a custody action, a divorce action and even in a child support case. Parents can agree on a parenting time schedule which the court will enforce or in the alternative the court can dictate a parenting time schedule that it believes is in the children's best interest. Parenting time can be modified on the motion of either parent if there is a change in circumstances or proper cause.

Parenting time conflicts can be as emotional and as hard-fought as custody disputes. Ultimately the court will determine a parenting time schedule for both parents if they are unable to come to their own agreement. The court's primary concern is the well- being of the child and will act in the best interest of the child. Parenting time disputes can ultimately affect custody. If faced with a motion to modify parenting time, it is imperative to seek advice of an experienced family law attorney. If a parent feels it is in his or her child's best interest to seek modification of parenting time it is important to consult with a skilled family law attorney to discuss strategy and timing in filing the appropriate motion.