Even if you and your spouse agree on every major issue, Michigan law still requires a judge to review and approve the terms of your parenting time arrangement in an uncontested divorce. Courts will not simply rubber-stamp an agreement because both parents signed it. Michigan law presumes that a child benefits from a strong relationship with both parents, and judges must confirm that proposed arrangements truly serve each child’s best interests before finalizing any parenting time plan involving minor children.
At Alward Fisher, our Traverse City family law attorneys help parents throughout Northern Michigan create reasonable parenting time agreements that meet applicable legal standards and reflect what works best for their families. Contact us today to discuss your situation with an attorney who understands parenting time in Michigan uncontested divorce cases.
How Is Parenting Time Decided in an Uncontested Divorce in Michigan?
In uncontested divorce cases, parents typically negotiate the terms of parenting time between themselves, often with help from their attorneys. Once they reach an agreement, they submit it to the court as part of their divorce paperwork. Under Michigan law, the court must approve the parenting time terms that the parents agree to unless it finds that the terms don’t serve the child’s best interests.
This means judges must review proposed schedules carefully rather than simply approving them as a formality. If an arrangement appears reasonable and consistent with the child’s welfare, the court will generally accept it. But if the judge has concerns, such as an unclear schedule or a provision that could put the child at risk, they may require changes before finalizing the divorce.
What Does the “Best Interests of the Child” Standard Mean?
Michigan law defines “best interests of the child” as the sum of several factors the court must weigh when making decisions that could affect the child. These factors include:
- The love, affection, and emotional ties between each parent and the child
- Each parent’s capacity to provide guidance, education, and a stable home environment
- Each parent’s ability to provide food, clothing, medical care, and other material necessities
- How long the child has lived in a stable environment, and the value of maintaining that stability
- The moral fitness and the mental and physical health of each parent
- The child’s home, school, and community history
- The reasonable preference of the child, if the child is mature enough to express one
- Each parent’s willingness to facilitate a close relationship between the child and the other parent
- Any history of domestic violence, regardless of whether the child witnessed it directly
- Any additional circumstances that the court considers relevant to the specific family
What Should a Michigan Parenting Plan Include?
A strong Michigan parenting plan covers far more than a basic visitation calendar. In a comprehensive parenting time agreement, parents should address the practical details that affect daily life and reduce the chances of future conflict. A good plan typically accounts for:
- Regular Schedules – A clear breakdown of which parent typically has the child on which days, including on school nights and weekends.
- Holidays and School Breaks – Specific arrangements for holidays, holiday breaks, birthdays, and extended school breaks, like summer or winter vacation.
- Transportation – Details on who will transport the child when necessary, where exchanges will take place, and how parents will divide costs.
- Communication – Guidelines for how the child may communicate with the parent who does not have them at a given time, including by phone or video.
- Decision-Making Authority – A description of how parents will handle decisions about the child’s education, medical care, and other significant matters.
- Dispute Resolution – Predetermined processes for resolving any disagreements that arise after the divorce, such as mediation before either parent returns to court.
Can Parents Create Their Own Parenting Time Schedule?
Yes. State law allows parents to design their own parenting time schedules in Michigan divorce cases, and courts generally favor arrangements that parents create together over ones the court must impose. Parents know their children’s routines, school commitments, emotional health needs, and extracurricular activities better than anyone else, and custom schedules can reflect that familiarity in ways that a generic order cannot.
That said, the court retains the authority to require changes if an agreement does not serve the child’s best interests. For example, a judge may order revisions if a schedule fails to account for a child’s developmental needs or safety concerns, or if it lacks enough detail to prevent confusion between households. Parents who work together with their attorneys to follow the Michigan parenting time guidelines published by the State Court Administrative Office often find it easier to craft schedules the court will approve without objection.
How a Michigan Family Lawyer Can Help with Parenting Time Agreements
An experienced lawyer can make a significant difference in building an effective parenting time agreement, even when both parents are already fully cooperative. At Alward Fisher, our family law attorneys help Michigan parents draft plans that address all the practical details that courts expect to see, from transportation logistics to decision-making authority. We also help parents review proposed agreements for potential gaps or gray areas that could create problems later, such as vague holiday provisions or unclear communication expectations regarding where the child spends their time.
Beyond the drafting process, our attorneys can help parents ensure that their final agreements meet the legal standards that Michigan courts apply to cases involving child custody and parenting time in Michigan. We know what judges look for in these cases, and we help our clients present agreements with clear and convincing evidence that withstands scrutiny. With guidance from a Michigan parenting time attorney, many families can save time and avoid preventable stress or costly revisions down the line when determining how to exercise reasonable parenting time.
Contact an Experienced Michigan Family Lawyer
The parenting time arrangements you put in place today can affect your child’s daily life and your relationship with them for years to come. Before you finalize an uncontested divorce involving a child, it makes sense to have an experienced attorney review your agreement and confirm that it meets Michigan’s legal standards. That’s where the team at Alward Fisher comes in.
Our attorneys bring over 100 years of combined experience to family law matters throughout Northern Michigan, and we take the time to understand what matters most to your family before making any recommendations. Contact our family law attorneys today to arrange your initial consultation with us and get the guidance you need to help protect your child’s best interests.