Arguments over custody and parenting time are among the most contentious disputes arising from a divorce or breakup. Michigan courts treat denials of parenting time seriously because of the potential damage to the parent-child relationship and the child’s emotional well-being. If you have reasons for denying your ex-partner parenting time or if your co-parent has withheld your children during your court-ordered parenting time, get legal help immediately. Contact Alward Fisher today for a case evaluation with an experienced child custody lawyer in Traverse City.
What is a Parenting Time Agreement?
A parenting time agreement is a court order outlining how separated parents will share physical custody of their child or children. The arrangement will specify which times one parent will exercise physical custody. For example, it might stipulate that children spend Monday through Thursday overnights with the parent of primary residence to attend school and Friday through Sunday overnights with their other parent.
Parenting time schedules also determine which holidays, birthdays, and other special events children spend with each parent. They can also include provisions governing when and how parents can take children on vacation. For example, an agreement may give a parent a week or more to take the children on vacation or require a parent to obtain consent from the other parent or court approval to take the children out of the state or country.
A parent who violates any provision of a court-approved parenting time agreement can be held in contempt of court.
What to Do If You Are Denied Parenting Time
Unfortunately, some parents deny their exes access to their children, either due to personal conflicts, concerns about how the ex treats the children, or concerns over the children’s safety in their other parent’s care.
If you think your co-parent is denying your rights to parenting time, you should:
- Review your current custody order and parenting time schedule to confirm its terms and your rights.
- Draft a written complaint, including the dates your ex denied you parenting time.
- Contact the Friend of the Court office to submit your complaint and check whether the office requires any additional information regarding your complaint. You must submit your parenting time violation complaint within 56 days of the date your ex denied your parenting time.
- Keep a copy of the complaint for your records.
A child custody attorney can help you understand the terms of your parenting time agreement and draft a parenting time complaint. Working with a lawyer with a history of handling family law cases can simplify a complex and often emotionally difficult process.
Is it Ever OK to Deny Parenting Time?
Not all denials of parenting time are made for selfish or petty reasons. Sometimes, several legitimate concerns might lead a parent to take this action, such as:
- The child’s other parent arriving at the custody exchange intoxicated or in an emotionally unstable state
- The parent has concerns about the safety of their ex’s home, either due to domestic violence or other people living there
- Children having reported abuse or neglect by their other parent
- Children refusing to spend time with their other parent
However, a parent who denies parenting time afforded to a co-parent by a court order could get themselves in legal trouble. If you have concerns about your ex exercising parenting time, consult a child custody attorney rather than taking matters into your own hands.
Consequences of Denying Parenting Time in Michigan
A parent who violates a parenting time order in Michigan may face various legal consequences, such as:
- Contempt – A court may hold a parent who refuses to exchange custody as required by a parenting time schedule in contempt. The court can punish the parent with fines or jail time. The court can also award the other parent make-up parenting time.
- Attorney’s fees – A court can also order a parent who violates a parenting time schedule to pay their ex’s legal fees and expenses incurred in obtaining relief from the violation.
- Loss of custody – Michigan courts can modify the parenting time schedule or custody arrangement in response to serious or repeated violations of the parenting time agreement. This might involve altering the split of parenting time, switching the designation of parent of primary residence, or revoking a parent’s physical or legal custody.
Options for Handling Parenting Time Violations
If your ex has violated your family’s parenting time agreement, you can pursue relief and protection against future violations. First, you can file a parenting time complaint with the office of the Friend of the Court, which can investigate your complaint and recommend remedies to the court.
You can also file a motion for contempt with the family court, which can impose penalties on the other parent and order and provide relief, such as reimbursement of your legal fees and make-up parenting time.
Finally, you might consider filing a motion to modify the custody order, which can help prevent future violations of the parenting time schedule by granting you a more significant share of parenting time, making you the parent of primary residence, or giving you sole custody, as appropriate for your child’s best interests. Getting guidance from a skilled child custody attorney can help you decide on the options that will work to protect your child and align with Michigan courts’ intent to apply the law to benefit the child.
Seeing Your Kid Matters – Contact Our Traverse City Child Custody Lawyers Now
Parenting time is a right for Michigan children unless the courts rule otherwise. If you are denied parenting time in Traverse City or worried about your child’s safety, Alward Fisher can help. Our law firm has over 100 years of combined experience representing individuals in family law matters, including divorce, missing child support payments, custody arrangements, and parenting time enforcement. Contact our firm today for a confidential consultation with an experienced family lawyer.