How to Enforce Parenting Time in Michigan: A Complete Guide for Kalamazoo County Fathers When the Other Parent Refuses Visitation
Kalamazoo County fathers need to know how to enforce parenting time when the other parent denies visitation. This guide explains the Friend of the Court process, show cause hearings, what remedies fathers can request, and how to file complaints or motions themselves.
Your court order says you have parenting time. But the other parent is refusing to let you see your children. You feel powerless and frustrated. You are not alone.
Michigan law gives fathers the same right to enforce parenting time orders as mothers. This guide explains exactly how the system works, what you can do, and what to expect.
The Friend of the Court Must Enforce Your Order
The Friend of the Court (FOC) is required by law to enforce custody and parenting time orders. In Kalamazoo County, you file a written complaint with the FOC office to start enforcement proceedings.
The FOC will notify your child's other parent of your complaint. They may choose not to act if the violation came more than 56 days ago, but they are still required to help you prepare your complaint if you ask them to.
The FOC is required to help you prepare your written complaint if you ask them to. The FOC will notify your child's other parent of your complaint.
The FOC will encourage you to try to resolve the dispute yourselves first. If your dispute cannot be resolved, or if the other parent does not respond, the FOC can take action.
What the FOC Can Do When Parenting Time Is Denied
When the FOC finds that parenting time was denied, they have three options:
- Order make-up visitation for the missed parenting time
- File a motion to modify the parenting time schedule
- Request an order for a show cause hearing
At a show cause hearing, a judge decides whether the other parent is in contempt for failing to obey the terms of the order. The judge also decides what remedies to use.
You Can File Your Own Motion
You have the right to file a Motion and/or Order to Show Cause yourself. This is more complicated than filing with the FOC, but it gives you more control.
You can get the Motion and/or Order to Show Cause from the Supreme Court's One Court of Justice website. This website does not give you information about how to file your own Show Cause Motion, but you can get the Motion and/or Order to Show Cause from the Supreme Court's One Court of Justice website.
The judge may send you back to the FOC, which would add more time to the process. This could cause problems if you had an urgent reason for filing your own motion.
Make Sure Your Order Has Specific Terms
- Number of overnights per month
- Drop-off and pick-up times
- Holiday schedule
- Communication methods
The FOC cannot enforce vague terms. You should try to work out other issues with the other parent that are not addressed in your order. Remember that the judge can only enforce the terms of your order.
Show Cause Hearings Explained
A show cause hearing is a court hearing where the judge asks the other parent to explain why they should not be found in contempt for violating the parenting time order.
At a show cause hearing, you should attend. You can let the FOC know about the custody or parenting time violation and what remedy you want to ask the court for. You also have the right to file a Motion and/or Order to Show Cause yourself.
The judge will decide whether your child's other parent is in contempt for failing to obey the terms of the order. The judge will also decide what remedies to use.
Possible Remedies for Parenting Time Violations
- Make-up visitation for missed time
- Modification of the parenting time schedule to give you more time
- Fines or sanctions
- Jail time in extreme cases
- Suspension of drivers or hunting licenses
- Credit agency reporting
- Property liens
- Garnishment of wages or bank accounts
Finding a Lawyer
Whether you have a low income or not, you can use the Guide to Legal Help to find lawyers in your area. If you have a low income, you may qualify for free legal services.
If you are not able to get free legal services but cannot afford high legal fees, consider hiring a lawyer for part of your case instead of the whole case. This is called limited scope representation. You can find a limited scope lawyer through the State Bar of Michigan lawyer directory.
Child Support and Parenting Time Are Separate
Remember that child support and parenting time are not dependent on one another. Parents must pay court-ordered child support even if they are not spending time with their child. Also, parents must allow court-ordered parenting time even if they are not being paid child support.
The FOC can start child support enforcement on its own or at your request. You can also file a Motion and/or Order to Show Cause yourself for child support violations.
How the FOC Handles Child Support and Parenting Time Separately
The best way for the FOC to make sure support is paid is withholding income directly from a paycheck or some Social Security benefits. If income withholding does not work in your case and your child's other parent fails to pay child support, the FOC may ask for a court hearing called a show cause hearing.
At a show cause hearing the judge will decide whether the other parent is in contempt of court for not obeying the child support order. If there is a show cause hearing, you should attend. You can tell the court about income or assets the other parent has. You may also be able to help the FOC locate your child's other parent.
- Garnishment of wages or bank accounts
- Property liens
- Credit agency reporting
- Intercepting tax refunds
- License suspension
- Jail time
The Friend of the Court Has Enforcement Workers
In many counties, the FOC has a worker who handles only enforcement issues. You can file a written complaint with the FOC to start enforcement proceedings if you were denied parenting time or believe your child's other parent violated the terms of your custody or parenting time order.
First, make sure that your order includes specific parenting time provisions the court can enforce for example, number of overnights per month or drop-off time.
Your Rights as a Father
You have the same rights as any other parent to enforce your parenting time order. Michigan law does not distinguish between fathers and mothers when it comes to enforcement rights.
If you have questions about how, when, or why to change a child support order, read the Michigan Legal Help guide on changing child support orders. To learn more about filling out blank court forms, read the guide on how to fill out, serve, and file court forms.
Take Action Now
If you are being denied parenting time, do not wait. File a complaint with the Friend of the Court immediately. The FOC is required to enforce your order.
- Dates and times you were supposed to have your children
- Dates and times you actually had your children
- Communication attempts with the other parent
- Any witnesses who can verify denied parenting time
These records will help your case at a show cause hearing or when the FOC reviews your complaint.
Sources
This article was generated with AI assistance. Facts and sources are verified where possible.