Can You Modify a Parenting Time Schedule in Michigan?
Parenting time orders are a standard part of child custody, and in Michigan, they are not set in stone. If you have had a change in circumstances that warrants an adjustment to the schedule you share with your co-parent, you have legal options for seeking that modification. Several factors can complicate the process, but working with a Northville custody attorney ensures you understand your rights and the steps required to seek modification.
Do You Have To Go to Court To Modify Parenting Time in Michigan?
In Michigan, you have three options for modifying parenting time:
-
Working it out with your co-parent: If you have discussed the necessary change to the parenting time schedule with your co-parent and they agree, you can request a meeting with the Friend of the Court to prepare a consent order based on your agreement.
-
Using mediation: This option allows you to meet with your co-parent and a neutral third party to resolve issues with your parenting time order. When you reach an agreement, the mediator will prepare an order to submit to the court. Mediation is also sometimes done with the help of a Friend of the Court.
-
Filing a motion with the court: If your co-parent disagrees with the change you are seeking, you can file a motion to request the change through your attorney and allow a judge to review your case.
Coming to an agreement on your own or through mediation is typically easier and less costly, but sometimes, you need a judge to decide for you both.
How Does a Judge Decide Whether To Change Parenting Time in Michigan?
If you file a motion with the court, a judge will assess the situation, with the child’s best interests in mind, and choose whether to allow the change in parenting time. The first step is to determine if the motion can be considered. Often, parents need to change the frequency or length of visits or change the conditions, such as adding supervision or drug testing. The requirements for these changes are different, and the judge must assess based on those requirements.
Next, the judge will need to see proof that there has been a change in circumstances or proper cause for the request. If you are requesting a change in parenting time that is significant enough to call for a change in custody, you must provide proof that the custody change is necessary. The change in circumstances needs to be something that happened since the previous order and is more substantial than the normal changes that come with a growing child. If you have concerns about how the court may view your request to modify parenting time, an experienced attorney can help.
Schedule a Free Consultation With a Novi, MI Child Custody Attorney Today
Crafting a parenting schedule that works for everyone is in your child’s best interests, and at Elkouri Heath, PLC, that is our top priority in child custody cases. Whether you need to make a minor adjustment to your plan or have issues that may require a major overhaul of the custody order, our experienced Oakland County, MI child custody lawyers are available to answer your questions and ensure you understand your rights. Call 248-344-9700 today to schedule a free consultation to find out more.




