Michigan statute provides that children have a right to maintain a relationship with both parents. Parenting time is different from custody as it determines the actual visitation rights of each parent. Parenting time may involve a court mandated schedule or a simple and amicable agreement between the parties. It is important to work with an experienced attorney when figuring out a parenting time agreement, as it can be a sensitive subject for many and can be difficult to change once orders are in place.
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Contact us today! We can help you determine whether or not a modification of parenting time action is right for you.
A common issue between both divorced and separated couples is parenting time disputes. Ideally, both parents would be able to come up with their own schedule that would allow for liberal and reasonable parenting time by each party However, this is not always the case.
When parents are unable to agree on a reasonable parenting time agreement, the courts will set up and enforce a parenting time schedule. Once a schedule is in place by the court, proper cause or change of circumstances must be shown to modify the parenting time schedule.
In order to successful modify parenting time, the party must show by preponderance of the evidence that the modification is in the best interest of the child.
The burden is different from when trying to modify custody in that normal life events can be used for the basis of modification. This means that something as simple as the “child is getting older” may be sufficient to modify parenting time.
However, the moving party must still show that the child’s needs are not being sufficiently met in the current parenting time arrangement in order for modification to be granted.