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Under what circumstances can Michigan parenting time be modified?

On Behalf of | Apr 19, 2019 | family law and divorce, Firm News | 0 comments

One of the first steps parents in Trenton take after deciding to end their marriage is to have a Michigan judge enter a temporary custody order in their case. A mom or dad who isn’t awarded primary custody of their son or daughter is referred to as the non-custodial parent. How much parenting time they’ll be given with their child depends on a variety of factors.

If the non-custodial parent fails to obey a parenting time order, then the primary custodian can submit a written petition to the Friend of the Court asking for enforcement. It may be possible for the non-custodial parent to make up their missed parenting time. Alternately, mediation sessions may be scheduled to resolve differences in opinion.

In some cases, a civil contempt hearing may be called. If this happens, then a modification of custody or parenting time may occur.

Custodial parents can’t simply stop making their son or daughter available if the non-custodial parent stops paying child support. They must instead continue to abide by a judge’s orders until the case has been reprocessed through the family law system.

A parent can’t be made to see their children if they don’t want to see them. The Friend of the Court does nonetheless suggest that it’s important for a child to develop a strong relationship with both parents. They recommend for all parties involved to consider attending counseling or mediation if this doesn’t seem to be a priority for both mom and dad. They note that it may be possible for the custodial parent to file a motion to have the parenting time order modified.

Moms and dads who are awarded parenting time with their kids are obligated to return them at their assigned time. If they fail to do so, then the custodial parent should contact both the prosecuting attorney and police to let them know that their child has been kidnapped.

When a mom or dad is awarded parenting time with their child, it’s done so that they can prove that they’re capable of caring for their son or daughter. If they show a judge that they can do this, then they may consider awarding them shared custody later on. If you and your ex are struggling to reach an agreement about parenting time, then a family law and divorce attorney can help you resolve your concerns.