Our lives change over time, and what may have seemed like a workable or fair parenting schedule at the time of divorce may no longer be ideal in the long term. Children have different needs and concerns as they grow, and sometimes, parents need to adjust their parenting schedules and situations. When that happens, they can ask the courts to change their visitation arrangement. The courts will only grant these requests with a good reason, however.
Is Visitation the Same as Parenting Time?
Parenting time is the current term for what Michigan previously termed visitation. It describes the time that a child spends with each parent when those parents no longer live together. State law presumes that a parent has a right to spend time with their children unless a court determines that the parent poses a risk to the child’s safety.
Valid Reasons for Changing Parenting Time in Michigan
Michigan law requires courts to make all decisions regarding a child’s well-being, including matters of visitation, based on what it considers to be in the child’s best interests. As such, the only valid reasons to adjust parenting time are those that involve a change in one of the following best-interest factors:
- The love, affection, and emotional ties between the child and each parent
- Each parent’s ability to give love, affection, guidance, and continue the child’s education and religious upbringing
- Each parent’s ability to provide food, clothing, medical care, and other necessities
- How long the child has lived in a stable environment and the importance of keeping things consistent
- The moral fitness of each parent
- The mental and physical health of each parent
- The child’s home, school, and community record
- The child’s preference, if old enough to express one
- Any history of domestic violence, whether or not the child was directly involved or witnessed it
- Any other factors the court finds relevant to the custody dispute
Practically speaking, a change in circumstances that might necessitate a modification to a parenting time arrangement could include:
- The relocation of a parent
- A parent posing a danger to the child
- Changes in the child’s needs
- Other changes in circumstances, such as an illness or a new work schedule
How to Modify Your Parenting Time Schedule
To modify parenting time in Michigan, you need to follow these steps:
- Gather Evidence: Collect evidence that shows why the change is necessary and how it benefits your child.
- File a Motion: Complete and file a motion with the court. You can find the forms and instructions at your local Friend of the Court office.
- Serve the Motion: Once you file the motion, you must serve it to the other parent. This means delivering a copy to them, which you can do through a process server or certified mail.
- Attend the Hearing: After filing, you will receive a court date. Attend the hearing and present your case. Bring all relevant evidence and be prepared to explain why the change is in the child’s best interest.
Do I Need a Lawyer to Change a Parenting Time Order?
While you could seek to change a visitation order on your own, a lawyer can expedite the process for you. They can gather evidence to support the need for a change in the current custody arrangement, draft and file the paperwork on your behalf, represent you at the court hearing, and appeal court decisions as necessary. Without a lawyer’s help, you’re on your own against an overburdened family court system that will likely defer to the terms of the existing parenting time order.
Contact Our Michigan Custody Attorneys for Help
The team at Alward Fisher is ready to help you modify your existing child custody or parenting time arrangement. Contact us today for a free consultation with our child custody lawyers.
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