Supervised Visitation in Michigan Family Court: What Kalamazoo County Fathers Need to Know About Restrictions, Types, and How to Fight for Unsupervised Time

## When Courts Restrict Your Time With Your Child

In Michigan family court, a judge can order that one parent only visit their child under strict supervision. This means every visit happens with a third person watching. For fathers, this restriction can feel like a barrier to your relationship with your child. But the law is specific about when this restriction applies, what types exist, and how you can work toward removing it.

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 childs physical, mental, or emotional health. This means supervised visitation is not the default option. It is reserved for circumstances where the court finds a genuine risk to the child.

## When Judges Order Supervised Visitation

Michigan courts want a childs relationship with either parent to remain healthy and unchanged, if at all possible. Supervised visitation and any restricted visitation rights are ordered only in the most extreme of circumstances.

Reasons why a judge may order supervised visitation include the following:

• A history of domestic violence, whether directed toward the child or an adult
• A parent is estranged from their child
• A parent has a mental illness or physical disability which challenges their ability to care for a child properly
• Abandonment may lose a parent right to return to their child life
• The parent has a history of drug addiction or alcohol abuse which might make them dangerous and put a child at risk if they were left alone
• The parent has a history of inappropriate sexual activity either with the child or around the child
• The parent has a known history of negligence
• If a child has ever been neglected by their parents, this will affect their visitation rights
• The parent has been recently convicted for a serious crime, was recently in prison, or is currently on parole
• The parent represents a flight risk as a judge fears they may kidnap the child

In some cases, the child may expressly ask for visitation with supervision.

## The Three Types of Supervised Visitation in Michigan

Michigan has three different types of supervised visitation, and each has its own level of restrictions.

Third-Party Supervised Visitation

Third-party supervised visitation allows a close friend or family member to serve as the supervisor of a visit. This is the most lenient form of supervised visitation and is only granted by the courts if they believe the parent does not pose a dangerous threat to the child.

This option is often reserved for situations involving parents who have become estranged from their children, parents recently released from jail for non-violent crimes, and parents in recovery programs for drug or alcohol addiction.

Even with this lighter form of supervised visitation, there are additional levels of restrictions. The loosest form requires that the third party be within the same house at the time of the visitation. The middle level requires that the third party be in the same room as the adult when visiting with the child. Finally, there is a restriction level that requires the third party supervisor to keep visual contact with the child and parent at all times.

Therapist Supervised Visitation

Therapist supervised visitation, also known as therapeutic parenting time, is for situations where the court believes the parent poses no threat to the child, but they have reason to believe that the visitations would go better with a mental health professional present.

While the therapists primary concern will be for the comfort and well-being of the child, they will also be there to help the parent communicate with the child better. The rules and restrictions are similar to third-party supervision, but a therapist will likely take a more active role in the shared visitation.

The parent with supervised visitation restrictions may petition later on that, thanks in part to the therapists supervision, the concerns have now been laid to rest and they should be granted unsupervised visitation.

Agency Supervised Visitation

Agency parenting time, otherwise known as agency supervised visitation, is the strictest form of supervised visitation in Michigan. This is usually ordered when a judge believes that the parent poses a mental, physical, or sexual threat to the child.

Under agency supervision, the parent is only allowed to visit with their child at a family services approved area. They must not touch the child – only the child may initiate contact. Additionally, they cannot pass along written notes to the child, all gifts must be thoroughly inspected, and they must not speak with the child inaudibly.

## How to Move from Supervised to Unsupervised Visitation

Supervised visitation can be a frustrating experience. However, some fathers may have an opportunity to fight for loosened visitation restrictions.

An experienced child custody lawyer can assist you in presenting a case to the courts that you no longer require supervised visitation. Whether approval for unsupervised visitation will be granted depends on the circumstances of your case.

For example, those with a history of sexual violence or those with mental illnesses which make them incapable of serving as guardians will likely never be granted unsupervised visitation. Others have a chance, though, especially with a skilled family law attorney in your corner.

## The Legal Standard for Granting Parenting Time

Under Michigan law, parenting time shall be granted in accordance with the best interests of the child. 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.

When deciding the frequency, duration, and type of parenting time to be granted, the court may consider the following factors:

• The existence of any special circumstances or needs of the child
• 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
• 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
• The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time
• 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
• 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 parents temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parents intent to retain or conceal the child from the other parent
• Any other relevant factors

## A Parenting Time Order May Include Restrictions

A parenting time order may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of parenting time by a parent, including 1 or more of the following:

• Division of the responsibility to transport the child
• Division of the cost of transporting the child
• Restrictions on the presence of third persons during parenting time
• Requirements that the child be ready for parenting time at a specific time
• Requirements that the parent arrive for parenting time and return the child from parenting time at specific times
• Requirements that parenting time occur in the presence of a third person or agency
• Requirements that a party post a bond to assure compliance with a parenting time order
• Requirements of reasonable notice when parenting time will not occur
• Any other reasonable condition determined to be appropriate in the particular case

## Key Takeaways for Fathers in Kalamazoo County Family Court

• Supervised visitation is not automatic. It requires clear and convincing evidence that unsupervised visitation would endanger the child
• Michigan courts have three types of supervised visitation, ranging from third-party supervision to strict agency supervision
• Third-party supervision is the most lenient and may allow the supervisor to be in the same house at the time of visitation
• Therapist supervision involves a mental health professional who takes an active role in helping the parent communicate with the child
• Agency supervision is the strictest and limits where visits can occur and what physical contact is allowed
• You may petition the court to move from supervised to unsupervised visitation if you can show the concerns have been addressed
• The court will consider multiple factors when deciding parenting time, not just safety concerns

Sources

• MCL - Section 722.27a - Michigan Legislature: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-722-27a
• Michigan Legal Help: https://michiganlegalhelp.org/resources/family/custody-and-parenting-time
• Adam Divorce Law: https://www.adamdivorcelaw.com/what-are-the-rules-for-supervised-visitation-in-michigan/