Ellen Paynter – Michigan Divorce Lawyer - Michigan Divorce and Family Law Firm

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PARENTING TIME IN MICHIGAN

We can help you navigate through the legal process of a Michigan parenting time. The following is information about parenting time laws in Michigan that you may find helpful.

Michigan Parenting Time Agreements

  • If both the father and the mother agree to a Michigan parenting time agreement, they can agree to enter a written parenting time order with the Michigan Court that states the terms of the arrangement.
  • If the parenting time order complies with Michigan law, the Court will generally enter the agreed upon order.
  • A form parenting time order can be found on the State Court Administrator’s website.  Click here for a form parenting time order Order.

Michigan Parenting Time when there is not an agreement

If both parents cannot agree as to Michigan parenting time, the “best interests of the child factors”, of the Michigan Child Custody Act, are the factors used by the Court making a parenting time decision.

  • Usually, the matter is first referred to the Friend of the Court for an investigation and recommendation.  Sometimes the Friend of the Court will charge for this investigation and recommendation.
  • A recommendation by the Friend of the Court is not binding, but is a good indicator of what the Judge in your case may do.
  • If one of parents disagrees to the recommendation made by the Friend of the Court, then the matter is either scheduled for an evidentiary hearing or a trial before the Judge.

Michigan Custody Factors

The best interests of the child factors to be considered, evaluated, and determined by the Court are found in the Michigan statutes at MCL 722.23 and are as follows:

  • The love, affection, and other emotional ties existing between the parties involved and the child.
  • The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
  • The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
  • The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
  • The permanence, as a family unit, of the existing or proposed custodial home or homes.
  • The moral fitness of the parties involved.
  • The mental and physical health of the parties involved.
  • The home, school, and community record of the child.
  • The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
  • The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
  • Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
  • Any other factor considered by the court to be relevant to a particular child custody dispute.

In Michigan at what age can a child choose who they want to live with

Some people mistakenly believe that when a child reaches a certain age in Michigan that child may choose what parenting time they should have with each parent.  That is not true.

  • In Michigan the child must be an adult, age 18, before he/she can decide with whom they will live.
  • Although factor 9, listed above, considers the reasonable preference of the child, it is only one factor evaluated among the others, and it is not the deciding factor.
  • So, while the preference of the child is taken into consideration, it is not given any more weight than any other factor.
  • On a practical note, most police departments in Michigan will not enforce the return of a 16 year old to one parent when that 16 year old is with the other parent.

Michigan Parenting Time Websites

You can find information about custody and parenting time in Michigan at the sites below:

Standard Parenting Time

Some courts in Michigan have recommended standard parenting time schedules.  In the metro Detroit area, some parenting time examples are:

Let Us Help You

The above is not intended to be legal advice, and is only a brief overview of Michigan parenting time. If you have any questions regarding your Michigan visitation matter, or if you believe you may be facing a child custody battle in Michigan, contact us today.  We will provide you with information to protect you and your children – for years to come.