Location Parenting time should occur in a child and family friendly setting Living and Working in Michigan During the COVID-19 Pandemic, The “Best Interests of the Child” Factors, Michigan Department of Health and Human Services - Hearings and Decisions, Michigan Department of Health and Human Services. The judge will only reconsider parenting time after you prove one of those things. and your city or county, and click "Find a Lawyer." For example, you will explain what parenting time change you want the judge to order and why the change would be in your child’s best interests. Select a county above for resources near you, Helping Michigan residents solve their legal problems, Are You Being Evicted? Losing custody of a child generally means loss of joint legal and/or physical custody. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. The parent requesting a change in parenting time must prove by a preponderance of the evidence that it is in the child’s best interests to change parenting time. Enter the type of lawyer you need (divorce, bankruptcy, etc.) If you get public assistance or cannot afford to pay the fee, you can ask the court to waive your fees. The Michigan court will always consider "the best interest of the child" and want to create a stable, nurturing environment. In that case, there is no court hearing unless the judge requests one. Or the order may simply say there will be reasonable or regular parenting time. All Rights Reserved. If you meet with a Friend of the Court worker, he or she will likely make a recommendation to the judge about whether to change parenting time. If you need help enforcing your parenting time order, read Enforcing Orders for Custody, Parenting Time, and Child Support. If you have low income, you may qualify for free legal services. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. Proper cause must be related to at least one of the 12 best interest factors. 3. The court will charge a fee to file your motion. The judge will only reconsider parenting time after you prove one of those things. All custody is slightly impacted by provisions on parenting time If something that happened after the judge signed the last custody order qualifies as a change in circumstances, it is usually also proper cause. The court clerk will keep the original for the court file and one copy for the Friend of the Court.The clerk will return the remaining copies to you. If you want to change your parenting time schedule, first look at what your court order says about it. With reasonable parenting time, the parents must work out the details of the schedule together. However, when there will be no change to the ECE, there are more situations that will qualify as a proper cause or change in circumstances. It is harder to convince a judge to change parenting time if the change will affect the ECE because the clear and convincing standard is a higher level of proof than the preponderance standard (see below). The Friend of the Court process varies widely by county. Select Your County to Get Legal and Financial Help. Support for Michigan Legal Help is provided by: Copyright © 2020 Michigan Legal Help. To learn more, read The “Best Interests of the Child” Factors. For a list of the parenting time factors, read Custody and Parenting Time. Child support is calculated using many factors, including the number of overnights each parent spends with the child. To change any other parenting time order, you can use our Do-It-Yourself Motion to Change Parenting Time tool to create the forms you need. You might decide you want a lawyer to help you. Note: Parenting time visits that last overnight or for multiple days, such as over a weekend, are not considered a temporary break placement; see FOM 722-03D, Placement Change. Select Your County to Get Legal and Financial Help. How will the COVID-19 (Coronavirus) Emergency Affect My Legal Problem? Proper cause or a change in circumstances must be significant for the judge to consider changing custody or parenting time in this situation. Title: Child Custody and Parenting Time Forms Author: Michigan Department of Human Services Keywords: child,custody,parenting Created Date: 4/25/2006 3:15:30 PM Either type of recommendation can become a final order in your case, but you will have a chance to object to it before that can happen. The parent who files a motion to change parenting time could be either the Plaintiff or the Defendant in the existing family case.

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