Custody & Parenting Time

(231) 779-9494, ext. 2007

AN INTRODUCTION TO CUSTODY

It is always easiest and encouraged for parents to work with each other and make their own agreements regarding custody. However, when parents cannot agree and need the court to make a decision, the court will do so by analyzing the “best interests of the child” factors listed in the Michigan Child Custody Act. Those factors will be analyzed at a hearing, during which the parents may present evidence and make their case to a referee, who will weigh each factor and make a decision regarding custody and parenting time.

When a motion is filed, the referee must consider ordering joint custody. “Joint custody” means either the child resides alternatively for specific periods with each parent (known as “joint physical custody”), or the parents share decision-making authority for important decisions affecting the welfare of the child (known as “joint legal custody”), or both. If both parents agree to a joint custody arrangement, the court must order it unless the court determines that joint custody is not in the “best interests of the child.” The court must state its reasons for granting or denying the request for joint custody and does so through issuing a Referee Recommended Order. The court may also consider ordering joint custody even if neither parent has requested it. A court that is considering ordering joint custody must consider both the “best interests” factors and also whether the parents will be able to cooperate and agree on important decisions affecting their child’s welfare.

If the court determines that a child’s interests are not adequately represented in the custody proceedings, the court may appoint a lawyer guardian ad litem to represent the child. The court may require the parties to pay the lawyer guardian ad litem’s fees. For more information about child custody issues, see the Michigan Custody Guidelines.

AN INTRODUCTION TO PARENTING TIME

A parenting-time order specifies when a child will spend time with each parent. A parent is responsible for all routine decisions that affect the child during his or her parenting time. The Michigan Child Custody Act states: “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. If the parents of a child agree on parenting time terms, the court shall order the parenting time terms . . . [unless it is shown] that the parenting time terms are not in the best interests of the child. A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child’s physical, mental, or emotional health. [MCL 722.27a(1)–(3).]”

The Michigan Child Custody Act also lists factors that the judge may consider when determining the frequency, duration, and type of parenting time. Those factors may be found by viewing MCL 722.27a(7)(a-i)–click here to view this link. More information about parenting time can be found by viewing the Friend of the Court Bureau’s Parenting-Time Guidelines on the Michigan Supreme Court’s website or by clicking the link.

Each local FOC office has it’s own county-specific guidelines–you can find the Wexford/Missaukee Friend of the Court Parenting Time Policy here. In some situations, issues and disagreements that arise regarding parenting time may be resolved through mediation. You may contact your local FOC office to determine what services may be available and whether they are appropriate for the situation.

Enforcement

The FOC is required to enforce parenting-time orders. The FOC office usually starts enforcement action when it receives a written complaint stating specific facts that show a violation of an order governing custody or parenting time.

The FOC may decline to respond if: (1) the alleged violation occurred more than 56 days before the complaint is made; (2) the complaining parent has previously made two or more similar complaints that were found by the court to be unwarranted and the complaining parent has failed to pay the costs assessed in those prior proceedings; or (3) the court order does not include an enforceable parenting time provision.

The FOC starts enforcement proceedings by sending a copy of the written complaint to the other parent within 14 days of the FOC office’s receipt of the complaint. If the FOC finds that the court’s order has been violated, the FOC has the following options:

• Apply “makeup” parenting time
• Set a hearing requiring the parent who is accused of denying parenting time to show cause to the court as to why the court should not find that parent in contempt of court
• Schedule a joint meeting with the parents

To Change Your Order

A parent may file a motion to change the custody or parenting-time order, if the parent can show proper cause to change the order or that there has been a change in circumstances from the date of the last order. The FOC office has printed forms and instructions for filing these types of motions. Parents have the option of hiring an attorney to assist with the motion, if they choose.

However, be advised that all motions MUST be filed with the FOC office to be scheduled. Once the FOC receives the original motion with the required payment or approved Fee Waiver Request form, the motion will be scheduled and mailed to both parents.  The FOC will file the original motion with the County Clerk.

If the parents are in agreement to changing their order, either parent can contact this office at (231) 779-9494, extension 2005 to schedule an appointment with a mediator to help put their agreement into a new court order. Even in cases where the parents have agreed to a change, the current order remains in effect until the judge signs the new order.

IF YOU WISH TO CHANGE YOUR CUSTODY OR PARENTING TIME ORDER, YOU ARE WELCOME TO FILE ONE OF THE FOLLOWING:

MOTION REGARDING CUSTODY
RESPONSE TO MOTION REGARDING CUSTODY
MOTION REGARDING PARENTING TIME
RESPONSE TO MOTION REGARDING PARENTING TIME
MOTION REGARDING DOMICILE/LEGAL RESIDENCE
RESPONSE TO MOTION REGARDING DOMICILE/LEGAL RESIDENCE

FREQUENTLY ASKED QUESTIONS ABOUT CUSTODY