When parents divorce or separate, they must make arrangements regarding custody of the children and time spent with them. Child custody and parenting time in Michigan are known as Parenting Time Rights. Whether you are the parent of a child or expect to become one soon, it is essential to understand how these rights work so that they can be effectively discussed with your attorney. Once you understand the options available to you and the potential ramifications of each one, you can choose the best plan for your family.
Here are seven things you should know about child custody and parenting time in Michigan:
Filing for child custody
The first step in getting custody of your children is to file for it. You will need to file a complaint for child custody, available from your family law attorney. Your spouse or ex-partner will be served with the complaint and notified that they need to respond. This is usually done through an answer to the complaint. Both documents will be filed with the court, and a hearing date will be set to discuss your custody situation. It is important to know that filing for child custody does not automatically mean that you will get it. You must prove that you are the better parent for the situation and that the children would be better off with you.
Who has parenting time rights?
As mentioned above, both parents are presumed to be fit for custody. However, if one of the parents cannot properly care for the child, they may not be granted custody. An incarcerated parent with a history of abuse, substance abuse, or neglect is unlikely to be granted custody. If one parent doesn’t have parenting time rights, that doesn’t mean they can’t be granted them. If extenuating circumstances, such as the parent moving away, the parent can petition the court to modify their rights. Parenting time can also be modified if the child is no longer in their care or remarrying or if their situation changes.
Standard visitation/custody schedule
Standard visitation means that both parents are granted equal parenting time. This can be in joint custody, in which the children are split between the parents, or a 50/50 schedule, in which each parent has the children simultaneously. Standard visitation is excellent if you want to split up parenting time evenly. However, if you want to spend more time with the children, you may prefer a standard custody schedule. One parent has custody most of the time, and the other has the rest. It can be beneficial because it gives each parent time to establish their parenting routine with the children.
Michigan’s Best Interest Standard
Michigan is one of the few states that follows the Best Interest Standard when deciding child custody cases. This means the judge will decide who gets custody based on what’s best for the child. It might seem like an obvious choice, but it’s important to note that they aren’t limited to the rights of the parent with custody. If a judge decides that the child is better off with the other parent, they can grant that parent custody. If a judge is worried about either parent being able to care for the child, they can grant supervised custody to an appropriate third party.
Exclusive Parenting Time Rights
Exclusive Parenting Time Rights are granted when one parent cannot care for the child. This could be due to mental or physical health issues, substance abuse, incarceration, or other extenuating circumstances. In these cases, the judge will grant exclusive parenting time rights to the other parent. If you are granted exclusive parenting time rights, the other parent will only be granted supervised visitation or parenting time. So if you are granted exclusive parenting time rights, you can expect the other parent to have limited time with the child.
Shared Parenting Rights
Shared Parenting Rights are usually granted if there is a history of collaborative co-parenting. This can include parent-teacher conferences, medical appointments, and other important events. This level of access gives each parent a chance to be fully involved in their child’s life without being overbearing. Shared Parenting rights are an excellent option for parents who have worked together healthily to raise the child. Even if both parents agree on shared parenting, a judge can overturn this decision and grant exclusive parenting time rights if it’s in the child’s best interest.
Visitation Rights for Non-Parents
Sometimes courts will grant visitation rights to non-parents. This can be for grandparents, relatives, or friends who want to see the child. It is only granted if it’s in the child’s best interest. In rare cases, non-parents may be granted custody if it’s best for the child. If you want to become a non-parent who is granted visitation rights, you must petition the court. You must show that it’s in the child’s best interest and that you have a connection to the child. The judge will decide if you’re granted visitation rights based on your circumstances.
Child Custody Lawyer in Traverse City
The court must decide if you and your spouse can’t agree on custody. This process can be stressful and confusing. This is why it is essential to find a child custody lawyer in Traverse City as soon as possible. A good attorney can help you navigate the legal system and protect your rights. They can also help you deal with issues like child support and visitation. In short, a Traverse City child custody lawyer can significantly impact your family’s well-being. So don’t delay getting one—you never know when you might need one!
