What the Court Considers when Changing Parenting Time

by Laurie Schmitt on May. 22, 2019

Divorce & Family Law Child Custody Divorce & Family Law  Family Law Divorce & Family Law  Divorce 

Summary: Are you considering requesting the court to modify your parenting time?  Has the other parent filed a motion to change parenting time?  If so, what does the judge consider when granting or denying  a motion to change parenting time?

Are you considering requesting the court to modify your parenting time?  Has the other parent filed a motion to change parenting time?  If so, what does the judge consider when granting or denying  a motion to change parenting time?

MCL 722.27a (6) provides guidance on what the court may consider when determining the frequency, duration and type of parenting time,  These factors are as follows:

(a)        The existence of any special circumstances or needs of the child

(b)        Whether the child is a nursing child less than 6 months of age, or less than 12 year of age if the child                 receives substantial nutrition through nursing.

(c)        The reasonable likelihood of abuse or neglect of the child during parenting time.

(d)       The reasonable likelihood of abuse of a parent resulting from the exercise of parenting      time.

(e)        The inconvenience to, and burdensome impact or effect on, the child traveling for purposes of                          parenting time.

(f)        Whether a parent can reasonably be expected to exercise parenting time in accordance with the court              order.

(g)        Whether a parent has frequently failed to exercise reasonable parenting time.

(h)        The threatened or actual detention of the child with the intent to retain or conceal the child from the                  other parent or from a third person who has legal custody.  A custodial parent's temporary residence                with the child in a domestic violence shelter shall not be construed as evidence a custodial parent's                  intent to retain or conceal the child from the other parent.

In addition, there are some other considerations that can be looked at, such as:

•           The flexibility of the parents' schedules

•           The developmental stage of the children

•           Special needs or restrictions of a parent

•           Ability of the parents to communicate and cooperate

•           Conflict level between the parents

•           Distance between the homes of the parents

•           The maturity level of the children

•           Children's commitment to community such as work, school events, or participation on other activities

•           The children's cultural and religious practices

•`         The nature of the parent/child relationship at the present time

•           Parental fitness concerns, such as domestic violence, substance abuse or mental health issues

•           The parent's ability to care for the children and meet the needs of the children

•           The parent's availability to meet the need of the children

•           When determining he breaks from school, consider the number of exchanges

 

Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce. Contact Laurie at (616) 608-4634 for a confidential consultation. 

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.