Michigan Parenting Time Guidelines Explained: What Kalamazoo County Fathers Need to Know About How Parenting Schedules Are Determined and What Fathers Can Expect

How Michigan Determines Parenting Time and What Fathers Should Know About Their Rights

When fathers face custody and parenting time decisions in Kalamazoo County family court, understanding how the system determines parenting schedules is essential. Michigan law establishes clear principles about parenting time that every father should know before walking into a Friend of the Court conference or hearing.

The Foundation of Parenting Time Decisions

Michigan law presumes that it is in the best interests of a child to have a strong relationship with both parents. According to MCL 722.27a, parenting time shall be granted in accordance with the best interests of the child, and it is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents.

A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health.

Every child has an inherent right to the love, affection and financial support of both parents. Every child has a right to spend time with both parents and it is the responsibility of both parents to insure this right of their children.

The Friend of the Court in Kalamazoo County operates with several key principles in mind when determining parenting time schedules:

• Every child has an inherent right to the love, affection and financial support of both parents
• Every child has a right to spend time with both parents
• Both parents are responsible to ensure this right of their children

The Statutory Factors That Matter

When parents cannot agree on a parenting time schedule, the Friend of the Court must analyze specific statutory factors listed in MCL 722.27a. These factors include:

Special Circumstances and Needs of the Child

The court considers the existence of any special circumstances or needs of the child. This factor allows the Friend of the Court to account for medical needs, educational requirements, developmental considerations, and other special factors that may affect the child's well-being.

Age and Nursing Status

Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing. Younger children may have different parenting time needs than older children.

Safety and Abuse Concerns

The reasonable likelihood of abuse or neglect of the child during parenting time. The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time. These safety factors are critical when determining whether a parent should have unsupervised time.

Travel Burdens

The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time. This factor recognizes that long distances between parents can significantly impact the quality and frequency of parenting time.

Parental Consistency and Reliability

Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order. Whether a parent has frequently failed to exercise reasonable parenting time. These factors address the importance of consistency and reliability in parenting time arrangements.

Detention and Concealment

The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent's temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent's intent to retain or conceal the child from the other parent.

Any Other Relevant Factors

This catchall provision allows the Friend of the Court to consider any other circumstances that may be relevant to the specific case.

Practical Parenting Time Guidelines

The Eaton County Friend of the Court has published sample parenting time schedules that illustrate how these guidelines work in practice. These schedules serve as reference points but are not automatically applied to every case.

Children Under Two Years Old

For children younger than two years, the guidelines suggest:

• Alternate weekends, Saturday 9 a.m. until Sunday at 6 p.m.
• Two weekday evenings each week for two hours with a return time no later than 8 p.m.
• Alternate holidays

During the Christmas holiday, children under two shall have parenting time from 9 a.m. on Christmas Eve to 9 a.m. on Christmas Day. During the Spring Holiday, the child shall have the normal alternating weekend parenting time.

Children Age Two and Older

For children age two and older, the guidelines suggest:

• Alternate weekends from 6 p.m. Friday to 6 p.m. Sunday
• One weekday evening each week for two hours, with a return time no later than 8 p.m.

Important Considerations for Fathers

Every family situation is unique. The parenting time schedule may look very different in a family where the parents live hundreds of miles distant from one another compared to a family with an easy commute between their homes.

A family where there has been a history of abuse and neglect of a child or domestic abuse by one parent against the other may need a very different schedule from a family without that history.

A parent who has not been consistent about showing up to have time with their children may require a more limited parenting time schedule than a parent who has been a regularly and actively involved parent.

In some instances, including but not limited to parents with substance abuse disorders and/or mental illness, a parent may need to have their parenting time suspended for the safety of the child until the parent no longer poses a risk to the child. Supervised parenting time may also be a solution for parents who pose some risk to their child due to addiction, mental illness, or violent behaviors.

The Myth of Reasonable Parenting Time

Many fathers mistakenly believe that the term "Reasonable Parenting Time" means a specific schedule that the court will assign to their case if they fail to include specifics in their pleadings. This is not accurate.

The Friend of the Court strives to consider the facts and circumstances existing in each case and the needs of the children when determining the frequency, duration and type of parenting time recommended. When parents cannot agree on a reasonable parenting time schedule, the Court through the Friend of the Court office will become involved.

The guidelines may have to be altered or limited due to special conditions of the children or the parents. If your order sets forth a specified parenting time schedule, that order will determine your parenting time schedule.

Flexibility and Communication

If you consider what is enjoyable to the children rather than convenient or fair to you, your decision will probably be made in keeping with the children's best interests. Parenting time schedules should have flexibility built in as the children grow and parents circumstances change.

The Court strongly encourages the parents to communicate to develop their own arrangements, which will take into consideration the unique circumstances of their family and can be changed from time to time.

Preparing for Your Case

Before attending a Friend of the Court conference or hearing, fathers should review the statutory factors in MCL 722.27a with their attorney if represented, or review them before a FOC conference if representing themselves.

The Parenting Time Worksheet contained in the Michigan Parenting Time Guideline booklet can be helpful in preparing for a conference with a Friend of the Court Investigator. However, there is no one size fits all answer for how parenting time should look. Factors such as the needs of the child, parent availability, domestic violence and others should be examined before determining what parenting time schedule is appropriate for your specific situation.

Conclusion

Understanding Michigan parenting time guidelines helps fathers navigate the family court system with confidence. The law presumes that children benefit from strong relationships with both parents, but each case requires careful consideration of the specific facts and circumstances. Fathers who understand these guidelines can better prepare for their cases and advocate for parenting time arrangements that serve their children's best interests.