“Parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time. If the parents of a child agree on parenting time terms, the court shall order the parenting time terms . . . [unless it is shown] that the parenting time terms are not in the best interests of the child. A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child’s physical, mental, or emotional health.” (MCL 722.27a)
That statute also lists factors that the judge may consider when determining the frequency, duration, and type of parenting time. (MCL 722.27a)
Parenting Time Enforcement by the Friend of the Court
The Friend of the Court is required to enforce parenting time orders. The Friend of the Court office usually will initiate enforcement action when it receives a written complaint stating specific facts that show a violation of an order governing custody or parenting time. However, the Friend of the Court may decline to respond for any of the following reasons:
The alleged violation occurred more than 56 days before the complaint is made.
The complaining party has previously made two or more similar complaints that were found by the court to be unwarranted and the complaining party has failed to pay the costs assessed in those prior proceedings.
The court order does not include an enforceable parenting time provision.
Parenting Time Modification
A party may file a motion to change the parenting time order. The Friend of the Court office has printed forms and instructions for filing this type of motion. You may want to hire an attorney to assist you with the motion.
♦ Related Form: Motion Regarding Parenting Time
♦ Related Form: Response to Motion Regarding Parenting Time
♦ Related Publication: Osceola County Standard Parenting Time Schedule
♦ Related Publication: Osceola County Long Distance Parenting Time Schedule
My order for parenting time states I will have “reasonable” parenting time. What does this mean?
Δ Ask the Friend of the Court to determine whether the order is specific enough to allow the office to offer assistance.
Δ File a motion on your own or contact an attorney.
My order lays out a specific parenting time schedule. I would like to change that schedule. What can I do?
The other parent is not making the child support payments required by our court order. Do I have to allow parenting time?
The other parent is not sending or returning clothing or other personal items that our child uses during parenting time. Can the Friend of the Court do something about that?
The other parent is not obeying the parenting time order. What can I do?
If I think that the other parent is under the influence of alcohol or drugs, do I have to let the children go with that other parent for scheduled parenting time?
The other parent will not let me telephone my children. What can the Friend of the Court do?
I think that my child is being abused during parenting time spent with the other parent. What should I do?
My child does not want to spend time with the other parent. What can I do?
♦ Seek counseling for your child, yourself, or the other parent.
♦ Contact the Friend of the Court and request mediation.
♦ File a motion asking the court to change your parenting time order.
The other parent refuses to see our children. What can the Friend of the Court do?