Changing Parenting Time
Not an Emergency Process
Changing parenting time is not an emergency process. There are legal procedures that must be followed and these procedures take time. If you believe there is an emergency, you should consult with an attorney or research other options. The Friend of the Court does not handle ex-parte motions.
Changing a Parenting Time Order
Once a parenting time order has been entered (signed by the judge and filed with the county clerk's office) a party may change the court order by either:
- Consent of the Parties (agreement) - When the parties agree to change the parenting time order, they can either hire an attorney to prepare a stipulated order, prepare the stipulated order themselves. If the parties agree to a significant change in parenting time, a new Uniform Child Support Order (UCSO) may be necessary.
- File a Motion: If both parties do not agree, the party wanting to change the parenting time order must file a motion to modify parenting time.
Filing a Motion
If you choose to represent yourself in a parenting time matter, you should know that FOC staff cannot represent either parent, give legal advice, or assist an individual in deciding what statements should be used to complete the forms. In addition, when filing your motion, you will be held to the same standards as any attorney who practices law.
Proof of Service is also required. The law requires you to serve the other parent with a copy of the motion and any attachments and file a proof of service with the Court. You are also required to provide a copy of your motion to the FOC office.
If you are asking for a parenting time change, you must first show proper cause or a change in circumstances. The court will only reconsider parenting time after you prove one of those things. If you are only asking to change, add, or remove a parenting time condition, you must show that the current order is no longer in your child’s best interests. If your proposed parenting time change will affect how often and how long parenting time occurs, but will not change the established custodial environment (ECE), then even normal changes in your child’s life can be enough to qualify as a change in circumstances.
Are You Really Asking to Change Custody?
If your proposed change in parenting time would change the established custodial environment (ECE) of the child, you may need to file a motion to change custody instead of a motion to change parenting time. Evidence that is not enough to change custody may be enough to change parenting time. You may wish to seek legal advice in these circumstances.
Parenting Time Determination
The Michigan Child Custody Act states that "a child shall have a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that the parenting time would jeopardize the child’s physical, mental or emotional health.” A court may consider the following factors when determining the frequency, duration, and type of parenting time to be granted:
- The existence of any special circumstances or needs of the child.
- Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing.
- The reasonable likelihood of abuse or neglect of the child during parenting time.
- The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.
- The inconvenience to, and burdensome impact or effect on, the child of traveling to and from the parenting time.
- Whether the visiting parent can reasonably be expected to exercise parenting time in accordance with the court order.
- Whether the visiting parent has frequently failed to exercise reasonable parenting time.
- 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 of the custodial parent is intent to retain or conceal the child from the other parent.
- Any other relevant factors.
Parenting Time Hearing
After your motion is filed, the court will determine if a hearing should be held. If a hearing is ordered, your motion may be heard at an FOC Referee Hearing. You and the other party will receive a notice of hearing with instructions. See Referee Hearing for more information about the hearing process.
You may act as your own attorney and represent yourself at the hearing, or you may hire an attorney to represent you. If you choose to represent yourself, you will be held to the same standards as any attorney who practices law.