Understanding Visitation Rights in Michigan: A Guide for Parents
When parents separate or divorce in Michigan, one of the most crucial issues to resolve is child custody and visitation. While Michigan law prioritizes the best interests of the child, it also seeks to ensure that both parents maintain meaningful relationships with their children whenever possible.
Visitation, or “parenting time” as it’s often called, is the legal term for the time a parent spends with their child. In Michigan, visitation rights are structured to ensure that children can have a relationship with both parents, even if they don’t live together. This blog post will break down the different types of visitation rights in Michigan, offering insight into how these arrangements work and what parents can expect.
Types of Visitation in Michigan
Michigan courts generally encourage shared parenting and aim to create visitation schedules that are fair and reasonable for both parents and children. There are several types of visitation arrangements a court may establish, depending on the specific circumstances of the family:
- Regular Parenting Time (Standard Visitation)
This is the most common form of visitation. Regular parenting time is typically scheduled to provide the child with consistent and predictable time with each parent. The schedule usually includes:
– Weekdays: One parent may have the child during the week (e.g., for a few hours after school).
– Weekends: The non-custodial parent may have visitation on alternating weekends.
– Holidays: special visitation for major holidays like Christmas, Thanksgiving, and the child’s birthday.
Regular parenting time schedules are typically established to suit the child’s age, school schedule, and the parents’ work commitments. If the parents agree on a schedule, the court will usually approve it.
- Supervised Parenting Time
In some cases, the court may determine that one parent’s visitation must be supervised, usually due to concerns over the child’s safety or well-being. This may occur if:
– There are allegations of abuse or neglect.
– There is a history of substance abuse or mental health concerns.
– The parent has had little prior contact with the child and needs time to build the relationship.
Supervised parenting time means that a third party—often a professional supervisor, relative, or family friend—must be present during the visits. In extreme cases, visitation may be supervised at a visitation center.
- Extended Parenting Time
Extended parenting time refers to longer, less frequent visitation periods, often over school breaks or holidays. This arrangement might involve:
– Summer vacation visitation, where the child spends an extended period with one parent.
– Extended holiday periods, where the child alternates holidays between parents.
– Other extended visits, such as during the child’s school vacation.
The goal of extended parenting time is to allow the child to spend quality time with both parents without the constraints of a typical weekly schedule. Extended parenting time arrangements usually require the parents to have an established relationship with the child and a stable environment.
- Virtual Parenting Time (or Virtual Visits)
In recent years, virtual parenting time has become more common, especially in cases where one parent lives far away or has mobility challenges. Virtual parenting time refers to visits conducted via video calls (e.g., through Zoom or FaceTime). Courts may include virtual visitation in a parenting time plan when appropriate.
While virtual visits can’t replace in-person interactions, they can help maintain communication and emotional connection, particularly for parents who live far apart or have irregular schedules.
- Unsupervised Parenting Time
Unsupervised parenting time allows one parent to spend time with the child without any third-party supervision. This is the most common arrangement when both parents are in good standing with the court.
Unsupervised parenting time generally requires that:
– The parents have a reasonable relationship and the ability to co-parent effectively.
– There are no concerns regarding the child’s safety or well-being.
Parents can have unsupervised parenting time according to a mutually agreed-upon schedule or as ordered by the court. In some cases, the court may modify an unsupervised schedule if a parent’s behavior or circumstances change.
- Joint Custody and Equal Parenting Time
In Michigan, joint custody is common, where both parents share legal and physical custody of the child. Joint custody doesn’t always mean equal parenting time, but it does typically involve a substantial amount of visitation time for both parents.
– Joint physical custody means the child lives with both parents for a significant amount of time.
– Joint legal custody means both parents share decision-making responsibility regarding major life choices for the child (education, health care, etc.).
Joint custody arrangements vary from case to case. While parents may alternate weeks or months with the child, the court’s focus will always be on what is in the best interest of the child, considering their age, needs, and relationship with each parent.
Factors the Court Considers When Determining Visitation Rights
When a Michigan court decides on visitation arrangements, it considers several factors, including:
– The best interests of the child: This is the central consideration. Courts will evaluate how the visitation plan supports the child’s emotional, educational, and social development.
– Parent-child relationship: The court will consider the child’s bond with each parent and whether either parent has been involved in the child’s life prior to the separation.
– The ability of parents to cooperate: Courts prefer parents who can work together cooperatively, but they will still establish a schedule that is in the child’s best interest.
– The child’s preference: For older children, the court may take the child’s preference into account, although the weight given to this preference will depend on the child’s maturity and understanding.
– History of abuse or neglect: If either parent has a history of abuse, neglect, or violence, the court may restrict or modify visitation.
Modifying Visitation Rights
Visitation arrangements are not set in stone. If circumstances change, such as a parent’s living situation, employment schedule, or the child’s needs, either parent can petition the court for a modification of the visitation plan. Michigan courts will review the request based on the best interests of the child, and if the requested change aligns with those interests, they may approve it.
** Conclusion**
Visitation rights in Michigan are designed to help children maintain relationships with both parents after separation and divorce. There are various types of visitation arrangements, ranging from standard schedules to supervised visits, depending on the needs and circumstances of the family. The Michigan court system encourages cooperative co-parenting and flexible visitation plans, always with the child’s best interests as the priority.
If you’re facing a child custody or visitation dispute, it’s important to seek the advice of an experienced family law attorney. At Kirsch Daskas Law Group, our focus is to vigilantly protect your rights as a parent. Call us today!
