Parenting Time in Michigan

A plain-language overview of parenting time in Michigan: why the law favors it, the factors a judge considers, common schedules and conditions, and how orders are enforced or changed.

This guide is written for people in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

What Parenting Time Means

Parenting time is the time a child spends with each parent. Michigan law says parenting time is granted in accordance with the best interests of the child, and that it is presumed to be in a child's best interests to have a strong relationship with both parents (MCL 722.27a). Parenting time is to be granted in a frequency, duration, and type reasonably calculated to promote that strong relationship.

If the parents agree on parenting time terms, the court must order them unless it finds by clear and convincing evidence that they are not in the child's best interests.

Factors the Court Considers

The parenting time statute lists factors a judge may consider when setting the frequency, duration, and type of parenting time (MCL 722.27a), including:

Any special circumstances or needs of the child
Whether the child is a nursing infant
The reasonable likelihood of abuse or neglect of the child during parenting time
The reasonable likelihood of abuse of a parent resulting from parenting time
The inconvenience to, and burdensome impact on, the child of traveling for parenting time
Whether a parent can reasonably be expected to exercise parenting time under the order
Whether a parent has frequently failed to exercise reasonable parenting time
Any threatened or actual attempt to keep or conceal the child from the other parent
Any other relevant factors

Under the statute, a child has a right to parenting time with a parent unless it is shown by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health.

Schedules and Conditions

Parents can agree on their own schedule, and many do. If they cannot agree, the court sets one. If either parent asks, the court must grant parenting time in specific terms (MCL 722.27a). A schedule usually addresses weekdays and weekends, holidays, school breaks, summer, and transportation.

Helpful starting points include:

The Michigan Parenting Time Guideline, published by the State Court Administrative Office's Friend of the Court Bureau, which offers sample schedules and planning tips. It is a tool, not the law. (courts.michigan.gov/siteassets/court-administration/standardsguidelines/foc/pt_gdlns.pdf)
In Wayne County, the Third Circuit Court Friend of the Court publishes co-parenting plans, including a general parenting time plan for parents who live reasonably close and cannot otherwise agree. (3rdcc.org/divisions/friend-of-the-court)
In Monroe County, the Friend of the Court for the 38th Circuit Court publishes a holiday schedule that applies when a court order includes it by reference, along with forms to start, change, or enforce parenting time. (co.monroe.mi.us/653/Parenting-Time)

The order may also include reasonable conditions, such as how transportation and its cost are divided, limits on other people being present, supervised parenting time, or a set return time. Specific, clear terms tend to prevent future disputes.

Moving With a Child

When custody is governed by a court order, a parent generally may not move the child's legal residence more than 100 miles from where it was when the case started without the other parent's consent or court permission (MCL 722.31). The rule does not apply if one parent has sole legal custody, if the two homes were already more than 100 miles apart when the case began, or if the move brings the two homes closer together. The court weighs specific factors before permitting a move. If you are thinking about moving, ask before you go.

When an Order Is Not Followed

If parenting time is wrongfully denied, you can raise it with the Friend of the Court. Each circuit must have a makeup parenting time policy. Makeup time is of the same type and length as the time denied, must be used within one year, and requires advance written notice to the Friend of the Court and the other parent (MCL 552.642). Keep a calm, factual record of missed or denied time, and do not respond to a missed exchange by breaking the order yourself.

Changing a Parenting Time Order

Parenting time orders can be modified when circumstances change, such as work schedules, a move, or a child's needs. The Friend of the Court makes forms available for asking the court to change an order. Put any agreed change in writing and have it entered by the court so it can be enforced.

What to Gather and What to Avoid

Keep your current order, a log of exchanges and missed time, and copies of messages with the other parent. Use calm, business-like communication.

Do not discuss the case with the child or speak badly about the other parent in front of them.
Do not post about the case online.
Do not make side agreements you expect the court to enforce unless they are put into an order.

How I Can Help

If you have a parenting time question or dispute in Downriver (Wayne County), Monroe County, or nearby, I can review your situation, explain the process and your options, and represent you.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.