What Are Parenting Time Schedules?
‘Parenting time’ is the term used to describe shared parenting arrangements in Michigan. The Michigan family courts will always attempt to act in the children’s best interests. The courts believe in fostering a strong connection between a child and both of their parents and, whenever possible, they will enact arrangements that can help facilitate such bonds between parent and child. This means that noncustodial parents are supposed to be granted ‘reasonable’ parenting time, provided that the noncustodial parent has no history of violence, crime, or abuse of drugs or alcohol. By encouraging shared parenting time, the courts see that the child is raised, albeit untraditionally, by both biological parents, benefiting from both of their teachings.
But what happens when the holidays roll around and disrupt the previously arranged parenting schedule? Say the noncustodial father usually gets to see their child over the weekend, but Christmas is on their weekend, what then? And what if the noncustodial parent wants to spend a holiday with their child, but the custodial parent says no?
It is important to consider the holidays when planning your parenting time.
Luckily, the Michigan Family Law Court has pre-written holiday parenting time schedules, including those written by and for each county.
Is There an Established Typical Holiday Visitation Schedule in Place?
Michigan family courts recommend alternating holidays between the custodial and noncustodial parent every year. Unless the judge overseeing the case believes that sharing holiday parenting time with one adult jeopardizes the child’s health or well-being, the judge will likely strongly encourage this alternating plan. This typically means that there are nine major holidays during the year and you alternate which parent has each holiday, so if you had Labor Day this year you would not have it the following year.
The Michigan Supreme Court put together a set of guidelines to help parents, court personnel, lawyers, and other interested parties have a template of where to begin holiday parenting time negotiations. The most commonly used template comes from the FOC (Friend of the Court). Different counties in Michigan have different holiday parenting time schedules so you should see the website for your local FOC. But the schedules are not that different from county to county.
What is an Example of a Father’s Holiday Parenting Time Schedule?
The Friend of the Court guidelines present the possibility of a father’s holiday schedule.
For example, in even-numbered years, the father could have child custody on the following holidays:
- Memorial Day.
- Labor Day.
- Halloween.
- Christmas Eve.
- Christmas morning.
- New Year’s Day.
In odd-numbered years, the father could have the following holidays:
- Easter.
- The 4th of July.
- Thanksgiving.
- Christmas day – after noon, as the mother would have the child for the morning – through to the next day.
- And the birthdays of the children.
For periods like winter break, spring break, or summer break, the mother and father can split that time down the middle as equally as possible. For example, the father could have the children for the first half of winter break, and the mother could have custody of the children during the second half of the break. Or you can alternate the school breaks.
What is an Example of a Mother’s Holiday Parenting Time Schedule?
Following the same schedule example used in the father’s parenting schedule, the mother would have the children over the following holidays on even-numbered years:
- Easter.
- The 4th of July.
- Thanksgiving.
- Christmas day from noon through to the following day.
- And the birthdays of the children.
In odd-numbered years, the children would stay with the mother on the following holidays:
- Memorial Day.
- Labor Day.
- Halloween.
- Christmas Eve and Christmas morning until noon.
- New Year’s Day.
Remember: these are only guidelines. This template is used as a recommendation, and it is not the only potential solution. You are allowed to work off of the template and come to an arrangement that better suits your particular needs.
Important note: you should always look at the school calendar for your child, schools have days off you might not be aware of and you will want to include those “holidays” in your court order. Also, be sure to request the adjoining weekend of there is one, get Labor Day weekend and not just the Monday.
What Happens When You Lose Regularly Scheduled Parenting Time to the Other Parent’s Holiday Time?
Holiday and school break parenting time takes priority over regular parenting time. When the holiday ends, the regular parenting time schedule resumes as previously planned. There is no adjustment to the weekends to accommodate for the holiday interrupting the schedule.
In simple terms, there is no ‘make-up’ parenting time to get back the time lost on a holiday. Some years, your ex-spouse’s holiday may land at your scheduled time, and that means that you do not get to have your children over that time. While unfortunate, that is simply the nature of things. On other months and other calendar years, the holidays may benefit you more. But there is no use arguing for a change in the schedule if a holiday interrupts the previously agreed-upon parenting schedule.
What if a Shared Parenting Time Arrangement Cannot Be Worked Out for the Holidays?
If you and your ex-spouse get along, you can anticipate more flexibility on the parenting time schedule, including as it relates to the holidays. If, however, the relationship has become contentious, it is crucial that you hire Michigan lawyers for child custody disputes to represent your interests.
If you fail to agree to a schedule, you may file a ‘motion regarding parenting time’ in the local county court. Speak to a lawyer to learn more.
Contact Us Today for a Free Consultation
At ADAM, we’ve been protecting father’s rights in child custody arrangements since 1988. Our extensive experience in this area of family law has granted us the skill to help provide countless fathers with improved parenting time and custodial rights. We believe that your rights are too often overlooked in these matters. You won’t have to worry about that here. At ADAM, we take pride in defending your rights and pursuing the most satisfying outcome for our clients.
To learn more about our legal services, please contact our Southfield-based law offices to schedule a free case evaluation today. (248) 290-6675.