A lot of parents want to stay in their child’s life even after a divorce. If you live in Michigan and do not get joint physical custody of your child, you can still get parenting time.
In this article, we discuss parenting time and what you should expect from this concept.
What Is Parenting Time?
Generally, parenting time is defined in law with the following provisions:
722.27a Parenting time.
Sec. 7a. (1) Parenting time shall be granted 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 of his or her parents. Except as otherwise provided in this section, 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.
(2) If the parents of a child agree on parenting time terms, the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child.
(3) 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.
What Determines Parenting Time?
Parenting time is determined by the court through the assessment of the following factors:
- The existence of any special circumstances or needs of the child.
- 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.
- The reasonable likelihood of abuse or neglect of the child during parenting time.
- The reasonable likelihood of abuse of a parent resulting from the exercise during parenting time. The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time.
- Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.
- Whether a parent has frequently failed to exercise reasonable parenting time.
- 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; and
- Any other relevant factors.
This is taken directly from the law to prevent any misinterpretation.
Can the child decide where to live?
No, children cannot decide on where they can live. Until a child has reached the age of 18 years old, the court will determine what is best for the child based on his own preferences.
The child may be asked by the judge to determine his interest in who he would want to live with. However, the judge still has the final word on where the child would live.
Are there any changes in family law in Michigan at the time of the coronavirus? This is the next concern that most parents asked us during the pandemic. Let us provide some answers in another article.
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The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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