Parenting TimeParenting Time

Parenting time is awarded in accordance with the best interests of the child.  It is presumed to be in the best interests of a child for the child to have a strong relationship with both parents.  Unless otherwise deemed inappropriate, parenting time will 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.  A child has a right to parenting time with a parent unless it would endanger the child’s physical, mental, or emotional health.  Generally, parenting time is awarded to each parent as appropriate based upon the history of the parents’ involvement with the children, each parent’s work schedule, and the children’s specific needs.

In a joint physical custody case, a specific parenting plan is typically laid out as to which parent will have the child on which days and at what times whereas in a sole physical custody environment a parenting plan is generally granted to the noncustodial parent.

Absent an acceptable agreement by the parents, Michigan courts may consider the parenting factors under the Michigan Child Custody Act to determine the frequency, duration, and type of parenting appropriate in a specific parenting plan:

  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 for purposes of parenting time.
  6. Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.
  7. Whether a 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.

MCL 722.27a

Due to the specifics of parenting time disputes and the law involved,
this subject should be discussed in-depth with your attorney.

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Family Law Mediation

Mediation is a voluntary process where the parties to a dispute are aided in their settlement negotiations by an impartial, neutral third party called the mediator. In mediation, the parties control the outcome. Mediation enables the parties to communicate their perceptions, feelings, and information directly to one another in a safe, controlled environment. This often reduces hostility and facilitates rational discussions. The results of mediation are not limited to the outcomes of litigation and are, therefore, often creative.

The success rate for mediation is high, since it is a voluntary process and most participants are highly motivated to reach an agreement. It is estimated that between 80% and 85% of mediating parties reach a full agreement. In mediation, all discussions and materials, with very few exceptions, are confidential.

Amicable resolution of your family law conflict minimizes the emotional impact of indecisions and enables you to move forward with life’s changes. That is why we focus on helping people evaluate the best approach for achieving family transitions and resolving conflicts.

Due to the extensive nature of family law mediation issues and the law involved,
this subject is best left to an in-depth discussion with your mediator.

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