|
|
|
|
|
Reasonable Rights of Parenting
Time
Jackson County, Michigan — Parenting time is expected to be followed as ordered by
the court. The following information will provide the parties with
guidelines for how this parenting time should be conducted, and how the
Friend of the Court will enforce the parenting time provisions of your
court orders.
One of those provisions is to allow "Make-Up Parenting
Time" for any times that are wrongfully denied, below.
-
Every other weekend, from Friday night at
6:00 p.m. until Sunday night at 6:00 p.m.
-
Midweek parenting from immediately after
work and/or school until 8:00 p.m., each and every week, except those
weeks that are designated to the other parent.
-
Every other spring vacation, with the mother
having even numbered years, and the father having odd numbered years.
This parenting time shall commence at 6:00 p.m. on the last day of
vacation, and end at 6:00 p.m. on the last day prior to the Child's
commencement of school.
-
All Holidays shall be from 9:00 a.m. until
8:00 p.m. except for Halloween and the child's birthday, which should be
9:00 a.m. until 9:00 p.m. when Halloween or the child's birthday falls
on a weekend day (Saturday or Sunday) or during summer vacation. When
Halloween or the child's birthday falls on a weekday (Monday - Friday),
the parties will have the minor children from immediately after work
and/or school, until 8:00 p.m.
-
When a Holiday (other than Halloween and the
child's birthday) falls on a Friday or a Monday, the parent who is
scheduled to have that Holiday shall be entitled to the entire three day
weekend with the minor child or children. The Thanksgiving Holiday will
always be a four day weekend from Thursday through Sunday.
-
Mother's day shall be afforded to the
mother, each and every year, between the hours of 8:00 a.m. and 9:00
p.m.
-
Father's day shall be afforded to the
father, each and every year, between the hours of 9:00 a.m. and 8:00
p.m.
-
Four weeks of summer vacation, to be taken
in two, two week blocks.
-
Any other times that might be mutually
agreeable between the parties.
-
Every other Holiday to include:
New Year's
Day;
Easter;
Memorial Day;
Fourth of July;
Labor Day;
Thanksgiving Day;
Halloween;
Christmas Eve;
Christmas Day; and
Child's Birthday.
|
|
|
|
> Make-Up Parenting Time Policy |
|
|
The Family Court strongly believes that is
is important for the child or children to have a good relationship with
both parents, and has therefore adopted a Make-up Parenting Time Policy.
Before Make-up Parenting Time is applied in
a particular case, the Office of the Friend of the Court shall send a
notice to both parties, by ordinary mail, to each parent's last known
address, advising them that the policy will be applied in their case.
Make-up Parenting Time shall be the same
type and duration as the parenting time that was denied, including but
not limited to, weekend parenting time for weekend parenting time,
holiday parenting time for holiday parenting time, week day parenting
time for week day parenting time, and summer parenting time for summer
parenting time.
Make-up Parenting Time shall be taken within
one (1) year after the parenting time was wrongfully denied. The time of
the Make-up Parenting Time shall be chosen by the parent whose parenting
time was denied.
The Office of the Friend of the Court
shall keep an accurate record of alleged parenting time arrearages, and
the parent being denied time shall give a
written notice of an alleged denial of parenting time to the Friend of
the Court within seven (7) days of the alleged denial.
If denied parenting time is alleged
and the Friend of the Court determines that action should be taken, the
following steps shall occur. The Friend of the Court shall give to the
parent who is alleged to have denied the parenting time, a notice which
shall contain the following statement in boldface type of no less than
12 points: FAILURE TO RESPOND TO THE FRIEND OF THE COURT
WITHIN 7 DAYS SHALL BE CONSIDERED AN AGREEMENT THAT PARENTING TIME WAS
WRONGFULLY DENIED, AND THE FRIEND OF THE COURT WILL ADJUST THE PARENTING
TIME ACCOUNT ACCORDINGLY.
If the parent who is alleged to have denied
parenting time makes a timely reply, contesting the allegation of
parenting time denial, both parties shall appear at the Friend of the
Court for a Parenting Time conference with designated Friend of the
Court personnel. If this conference does not resolve the parenting time
dispute, a hearing shall be scheduled, with appropriate notice being
forwarded to both parties.
If a hearing is held before a referee,
either party shall be entitled to a de novo hearing before a Family
Court Judge, if they dispute the referee's findings.
After a final determination that parenting
time was wrongfully denied, the Friend of the Court shall adjust the
parenting time account accordingly.
The parent who will receive the make-up
parenting time shall give to the Friend of the Court, and the other
parent , a written notice of the selected time for make-up parenting
time, at least one (1) week before a weekday or weekend make-up period,
and at least 30 days before a make-up holiday or summer parenting time
period.
If the Friend of the Court determines that
additional legal action is required, they may commence a civil contempt
proceeding to resolve a parenting time dispute by initiating a Parenting
Time Order to Show Cause proceeding against the parent who has been
accused of denying the court ordered parenting time.
If the Court finds that either parent has
violated a Parenting Time Order, the Court may find that parent in
contempt, and may do one or more of the following:
-
Require additional terms and conditions
consistent with the Court's Order for Parenting Time.
-
Modify the Parenting Time Order in keeping
with the best interests of the minor child or children.
-
Order make-up parenting time for the parent
who was wrongfully denied their scheduled parenting time.
-
Order the parent found in contempt, to pay a
fine of not more than $100.00.
-
Commit the parent found in contempt to a
term in the County Jail.
-
Commit the parent found in contempt to a
term in the County Jail, with privilege of leaving the jail, during such
hours as the Court determines, and under such supervision as the Court
considers necessary, for the purpose of allowing the parent to go to and
from his or her place of employment.
A commitment under subsection (E) or (F)
shall not exceed 45 days for the first finding of contempt, or 90 days
for any subsequent finding of contempt.
A parent committed to jail may be released,
if the Court has reasonable cause to believe that the parent will comply
with the Parenting Time Order.
Parenting Time is every child's right.
Responsible parents will put individual differences aside to see to it
that parenting time is encouraged. The following examples are arguments
that are NOT VALID for denial of parenting time:
-
The child is sick. The only time illness is
valid for a denial of parenting time is when a medical doctor has
indicated that the child is restricted to bed rest only. In all other
cases of illness, the prescribed medications are to be provided to the
parent who will be having parenting time with the child, along with
appropriate instructions from the doctor.
-
The child has to go somewhere else.
-
The child is not home.
-
The parent with parenting time is behind in
their child support.
-
The child doesn't want to go.
-
The custodial Parent does not want the child
to go.
-
The weather is bad.
-
The child does not have appropriate
clothing.
-
The child has better things to do.
The following represent examples of times
that denial of parenting time may be appropriate:
-
The parent arrives to pick up the child for
parenting time and has been drinking excessively, or is under the
influence of drugs.
-
The parent arrives to pick up the child for
parenting time more than one half hour (30 minutes) late from the
specified time, or one hour (60 minutes) late during the winter months
(November, December, January, February, March) in those cases where the
parent receiving parenting time must travel more than 30 minutes to pick
up the child. In those cases where the parent with parenting time must
travel more than 100 miles, they shall be afforded the opportunity of
being up to one hour late, regardless of the time of year.
The Friend of the Court would also point out
to you that parenting time is considered such an important issue for
parents, that they have established certain guidelines for parents to
follow. |
|
|
|
> Parenting Time Guidelines |
|
|
Parenting time is the right of a child or
children to spend specified time with each parent. In some cases,
parenting time may also be granted to people other than parents. The
purpose of this list of policy statements is to assure that parenting
time will always be conducted with the best interests of the child or
children coming first.
Some court orders provide for "Reasonable
Rights of Parenting Time." This allows the parents the flexibility of
working out schedules as they may agree. However, if there is
disagreement by the parents as to the actual intent of "Reasonable
Rights of Parenting Time," then the parents need to refer to the minimum
definitions of this schedule as provided in the Friend of the Court
office.
Parenting time is typically designated in
court orders after all aspects of a case have been reviewed. Some of
these aspects may include the age, maturity and needs of the child,
along with length of time between parenting times, relationship between
the child and the parent, physical distance between the parties, and/or
any other relevant issues. In the event of conflicts with the parenting
time schedule, it will be necessary to inform the Friend of the Court of
the dispute, in writing.
Some court orders provide for very specific
parenting time schedules. In those cases, the fixed schedule will be
detailed in the order, and may not afford the parties any flexibility.
Due to high emotional conflict in some cases, this type of parenting
time schedule may be the best arrangement for the minor child or
children.
Communication, cooperation, and mutual
respect are essential for parents to make a parenting time schedule
work. This type of effort by the parent will also assist in avoiding
conflict and frustration. Parenting time should be a happy time for the
parents and the children.
Parenting time should be scheduled at times
and places convenient and agreed to by both parties, or as outlined in
court order. Children should be ready, both physically and emotionally
at the appointed times, and parents should be on time to commence the
parenting time schedule. If a parent is one half hour (30 minutes) late
from the specified time, or one hour (60 minutes) or more late during
the winter months (November, December, January, February, March) for
those parents traveling more than 30 miles, parenting time may be denied
unless prior arrangements have been made with the other parent. In those
cases where the parent with parenting time must travel more than 100
miles, they shall be afforded the opportunity of being up to one hour
late, regardless of the time of year. However, it is very important that
parents work with each other around requested adjustments to parenting
time schedules. Each parent will undoubtedly have schedule conflicts at
some point in time, therefore it is important to work with the other
parent when they have a problem that requires a change to the scheduled
time. Telephone contact should be made with the other parent the moment
they know that a schedule conflict has arisen. Parents should never
leave a child waiting for a scheduled parenting time without notifying
them of the fact that the parent may be late, or have to change the
scheduled date or time.
Parents are encouraged to maintain access
between the children and grandparents as often as is reasonable.
Although there are usually no provisions for this contact in your court
orders, it clearly benefits children to maintain contact within the
family.
The following rules apply to all parents
involved with parenting time schedules:
-
Parents should not use the child or children
as sources of information. This can be emotionally upsetting for all
concerned and can create major problems between the parents. Children
often learn to play one parent against the other, which then causes the
parents to face periods of great conflict. Communication between parents
can often overcome these types of problems and stop unfavorable behavior
on the part of the child or children.
-
Make certain that you are following your
parenting time schedule closely. It is important for parents to show
consideration for each other and for the children. Maintain the agreed
upon parenting times unless prior arrangements have been agreed upon
between the parents.
-
Before a child leaves for a scheduled
parenting time, please make certain that appropriate clothing is
provided for the entire period. If a child is ill, make certain that
medications are provided, along with a written statement as to what
medication is to be taken, in what quantities, and at what schedule. If
other restrictions have been given by the child's doctor, those should
also be passed on to the other parent at the time of the child's
transfer. If a child becomes ill during a scheduled parenting time, make
certain the other parent is informed of the illness, and what medical
actions may have been taken.
-
If the parents are simply unable to
communicate at all, they should avoid physical contact at all costs. It
may be necessary for a parent to wait in the car when the children are
being picked up for parenting time. Parents should never have
confrontations or arguments in front of the child or children.
-
You should not arrive for a scheduled
parenting time under the influence of drugs or alcohol. This requirement
is for your safety and for the safety of your children. If a parent
appears to the "under the influence" at the time of the parenting time
pickup, parenting time may be denied by the other parent. If a denial
occurs under these circumstance, it is important that the parent denying
the parenting time inform the Friend of the Court of this action
immediately, in writing, listing the dates, times, and circumstances of
the denial.
-
If you have scheduled parenting time, but no
active driver's license, someone else must do the driving. Both parents
need to understand that there are circumstance that might require
someone else to pick up the child for the parenting time visit. This
person should be someone known to the child.
-
It is very important to keep your child or
children out of the middle of any potential custody or parenting time
dispute. These are adult issues, and should never be discussed with the
children. Children should never be threatened with loss of time with the
other parent, under any circumstance.
-
Spend your parenting time with your child.
Far too often children are taken for parenting time visits, and then
left with relatives, new girlfriends, new boyfriends or even strangers.
The child needs time with you. Regular parenting time cannot be stressed
enough.
-
If you have a responsibility for child
support payments, make sure that they are always current. It is not
advisable to buy a child expensive gifts if the child support is not
being paid on time. Furthermore, it is not appropriate to deny a child
the right to have gifts from the other parent, or other family member.
-
Never feel obligated to make your parenting
time a constant round of movies, ball games, trips to restaurants, the
circus or other expensive events. Feel free to do quiet and casual
things with your child. Popping popcorn and watching a movie on
television can often be a very positive experience for the children and
the parent. Remember, your child simply wants time with you. Please give
it. Neither parent should ever attempt to deny the child the right to
have an enjoyable time with the other parent.
-
Neither parent has the right to stop paying
child support because parenting time is being denied, nor to stop
parenting time because child support is not being paid. These are two
distinctly different items, and are not linked together in any way.
CHILD SUPPORT AND PARENTING TIME ARE NOT DEPENDENT UPON EACH OTHER.
If you have problems with child support or parenting time, contact the
Friend of the Court for assistance. Never take actions against the other
parent through your child.
-
Both parents need to work together regarding
decisions surrounding child discipline. Support each other in these
efforts so one parent is not working against the other. Children often
will attempt to play one parent against the other when discipline is
being assigned to a child.
-
Always work together, toward the emotional
well being, health, happiness and safety of your children. To do
otherwise will simply destroy your child.
-
Never discuss your perceived shortcomings of
the other parent in front of the children. Remember that a child can
best develop properly with an image of two loving parents.
-
Make certain you have returned all items the
children took with them on parenting time visits.
-
Make certain your child is given all
medication at the appropriate times.
-
Notification as to which weeks of summer
parenting times have been chosen must be made in writing by April 15 of
the calendar year during which the parenting times will be conducted. A
copy of this notification shall also be sent to the Friend of the Court
office.
-
Each parent should be afforded at least two
weeks of unencumbered parenting time with the minor children, each
summer. During any other parenting time of two weeks duration or longer,
the parent not having the minor child(ren) shall be afforded alternating
weekend parenting time between 6:00 p.m. on Friday and 6:00 p.m. on
Sunday.
-
The transportation of the children during
the parenting time shall be the responsibility of both parents. However,
if the parties are unable to agree as to the transportation arrangements
for the minor children, the parent exercising their parenting time will
initiate the pick up of the child or children.
-
A general itinerary and emergency telephone
number will be provided to the other parent if an out-of-town vacation
is conducted.
-
The parent exercising their parenting time
may designate a third party to transport the children, so long as the
person is known to the children.
-
In all circumstances, holiday and school
vacation parenting time shall take priority over other periods of
custody or parenting time.
If you are denied your court ordered
parenting time, you must fill out the Parenting Time Compliant
Form
<divorcePeers.com>
and send it to the Friend of the Court. |
|
|
|
> Request a Change in Parenting Time |
|
|
Generally speaking, the court will order
parenting time that allows a child as much time as possible with both
parents. The court will always consider the best interest of the child
when ordering or changing parenting time. The court may require that the
FOC do an investigation and make a report and recommendation before the
court will order a change in parenting time. If there is still a dispute
between the parents, the judge may order that an evidentiary hearing be
held. The judge or a referee may talk to the child or children before
making a decision.
-
If parents agree that parenting time should
be changed, and if they agree on a new parenting time schedule, they may
ask the FOC to prepare a stipulated order to be signed by both parties
and then given to the judge.
-
If there is a change in circumstances that
makes a change in parenting time necessary, or if a parent wants to have
specific parenting time with a child, that parent may ask his or her
attorney to file a motion. If the parent wishes to file a motion on his
or her own, the parent should file
Motion Regarding Parenting Time
(forms in *.pdf format available for download from Jackson County
Friend of the Court website).
The other party may file a Response
To Motion Regarding Parenting Time
(forms in *.pdf format available for download from Jackson County
Friend of the Court website). The party
who files the Motion must pay a $20.00 Motion fee when the motion is
filed with the court clerk. The party who files the motion must get a
hearing date and notify the other party of the hearing and send a copy
of the motion as well. The judge or a referee will decide whether a
change in parenting time should be made, or whether parenting time
should be established. If a referee holds the hearing and makes a
proposed decision, either party has the right to object and see the
judge the same day. The judge will then make an order. |
|
|
|
|
Information on this page has been
extensively quoted from the Jackson County website which is "public
domain." Updated on divorcePeers.com November 23, 2002. Content is
unchanged from the original, with the exception of minor formatting
changes where deemed necessary for clarity.
Footnote 1: Child with mother in even years; child with father in odd
years.
Footnote 2: Child with mother in odd years; child with father in even
years. |
|
|
|
|
|
|
|
|
|
> List of Divorce Peers resources: Children and divorce |
|
|
"The Messy (Legal) Steps of Divorce"
Attorneys' Roles in Mediation
Camps for Kids
Child Custody and the "100-Mile Rule"
Divorce Court - "Forget Me Not" Program for Never Married Parents
Divorce Court - "Reasonable" Parenting Time, Defined
Divorce Court - "SMILE" Program Description, Advice
Divorce Court - Analysis of "Best Interests of the Minor Child"
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (A)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (B)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (C)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (D)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (E)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (F)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (G)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (H)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (I)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (J)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (K)
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (L)
Divorce Court - Michigan Friend of the Court Bureau
Divorce Court - Parenting Time Make-Up Policy
Divorce Statistics - Children and Divorce, Effects of Divorce on Child
Divorce Statistics - How Do Child Custody Placements End Up?
Divorce Statistics - How Is Child Custody Decided?
Divorce Statistics - Visitation and Child Support, Divorced Parents
Eavesdropping between Divorced Parents
Explaining Your Divorce to Your Children
In Favor of Mediation
Not Divorcing - for the Sake of the Children
One Mediator's Life as a Parent
Parenting Time Coordination via Internet-Based Scheduler
Photo Albums On-Line
|
|
|
|
|
|
"The Messy (Legal) Steps of Divorce"
After Your Judgment of Divorce
Attorneys' Roles in Mediation
Child Custody and the "100-Mile Rule"
Divorce Court - "Forget Me Not" Program for Never Married Parents
Divorce Court - "Reasonable" Parenting Time, Defined
Divorce Court - "SMILE" Program Description, Advice
Divorce Court - Analysis of "Best Interests of the Minor Child"
Divorce Court - Legal Divorce Process
Divorce Court - Mediation Overview
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Court Rules (MCR), pro per advice
Divorce Court - Michigan Friend of the Court Bureau
Divorce Court - Michigan: One Court of Justice
Divorce Court - Parenting Time Make-Up Policy
Divorce Court - Property division precedents
Divorce statistics - Michigan Divorces, Wayne County (MI)
Eavesdropping between Divorced Parents
In Favor of Mediation
One Mediator's Life as a Parent
Title to Property: Words Determine Rights
Why Not Date During Divorce?
|
|
|
|
|
