Parenting Time Orders: Making the Law Work for You

No one hopes for a situation where spending time with their children has to involve the legal system. Unfortunately, this is the reality for countless parents who share child custody with another party. Even worse, problems often arise in these situations. Thankfully, the law may be able to help with modifications and enforcement of parenting time orders in Michigan.

This doesn’t necessarily mean you can get everything you want. However, it’s important to realize that the law does offer recourse if things aren’t working out for you or your child. Through the use of courts, modifications and enforcement of parenting time orders can help you find a situation that better suits you and your child’s needs.

Seeking Enforcement of Parenting Time Orders in Michigan

Whether parents created their own parenting time plan or a judge made the decision, a court order isn’t merely a suggestion. It’s a legally binding mandate, and if your child’s other parent isn’t abiding by it, there are enforcement options available to you. It’s always best when something can be worked out between parents, but when this isn’t possible, these are your options:

  • File a complaint with the court: As this is a civil matter, any recourse to enforcing parenting time orders must start with filing a complaint with the courts
  • Contempt hearing: After a complaint is filed, the court will likely hold a hearing to determine if the non-compliant parent is in contempt of court. If so, they can face fines, community service, and even jail time
  • Make-up parenting time: Michigan and some other states offer the potential for make-up parenting time. The law allows a parent who was wrongfully denied time with their child to get additional time as compensation
  • Mediation and counseling: It’s possible that the courts may require parents to attend counseling or mediation to resolve disputes. This is an effort to avoid potential future violations and foster a healthy co-parenting relationship

In many instances, parents will default to contacting the police. This should be avoided unless your child or one of the parents is facing imminent danger. Unfortunately, officers will not know the specifics of your case — so enforcing a parenting time order in Michigan is not something they do. Even if you have a copy of the order, police won’t know if this is the most recent order and it is not their job to enforce parenting time orders.

Fortunately, your options extend far beyond contacting law enforcement — and if your child’s other parent continues to violate the order, rest assured that the courts will eventually involve the police.

Seeking Modifications of Parenting Time Orders in Michigan

When parenting time orders are issued, they’re based on the best interests of the children involved. However, the courts realize that situations can change. What may have once been an ideal situation can become unstable due to significant changes in circumstances. In such a situation, it’s possible to request a judgment modification to alter a parenting time order.

There are a few major considerations that you should account for if you’re seeking a modification:

  • Best interests of the child: Any parent who requests a modification will need to show that the change will be in the best interests of the child. The court will consider a variety of factors — ranging from the child’s emotional needs to their home environment
  • Changes in circumstances: It’s typically not appropriate for a person to request a modification simply because they didn’t like an outcome in court. They’ll need to show that a significant change in circumstances occurred to justify such a modification
  • Filing a motion: A parent seeking to modify their parenting time order will need to file a motion in family court. This can go smoothly if both parents agree, but if the request is contested, it will have to be decided by a judge.
  • Hearing: Once a motion is filed with family court, a hearing will be scheduled. At this hearing, each parent will have the opportunity to argue their case and present evidence. Court order: If the court decides that a modification is in the best interests of the children involved, it will issue a new judgment that reflects these changes

It’s an unfortunate reality, but men are often at a disadvantage in these cases. While gender should never play a role, statistics show that it certainly does. Women get far more parenting time than men on average.

However, this doesn’t have to be how your situation plays out. If you believe that modifying your parenting time order would benefit your child, speaking with a family law attorney to learn more about your options is a good start.

Is the Family Court System Biased Against Men?

There have certainly been significant changes in the family court system over the years. It once seemed like women secured child custody and more parenting time in nearly all situations. This has changed, but there’s no denying that some bias still exists. This is particularly true in cases involving younger children — who may be unable to express their wishes.

Recent family statistics show that mothers get nearly double the parenting time of fathers. This can obviously complicate modifications and enforcement of parenting order times in Michigan. Put simply, women typically have the benefit of the doubt in these cases — even if such assumptions aren’t actually engrained in the law.

This is why it’s so important to seek a family law professional that focuses on men’s rights. Contact the American Divorce Association for Men today at 248-290-6675. Our legal team is ready to fight for your rights.