When parents divorce or separate, one of the most contentious issues they may face concerns parenting time. Not to be confused with child custody, parenting time refers to the amount of time each parent gets to spend with the child. While parenting time matters can be complex and highly emotional, it’s essential to have a skillful family law attorney by your side who can assist you with navigating your case.
At the Law Offices of Kevin R. Lynch P.L.C., we use our extensive knowledge to safeguard our clients’ rights, help them avoid pitfalls, and ensure the best interests of their children are met. Applying over 25 years of experience, attorney Kevin R. Lynch has a thorough understanding of Michigan’s family law code and the cases that interpret it. Dedicated to walking with our clients every step of the way, we will work to obtain the best possible outcome for you and your child.
Michigan courts presume that it is in a child’s best interests to have meaningful parenting time with each parent, unless a court determines otherwise. The goal of any parenting time schedule is to ensure that the child has a relationship with each parent and both parents continue to have access to the child. While parenting time may be established in a divorce proceeding or a separate custody action, courts encourage parents to resolve parenting time disputes outside the courtroom. However, in some cases, this may not be possible and judicial intervention may be required.
If an agreement cannot be reached outside of court, a judge may consider numerous factors under Michigan law to determine the length, frequency, and type of parenting time. These factors include the following:
At the Law Offices of Kevin R. Lynch, we understand that every family has unique circumstances and every child has different needs. We can work with you to determine the parenting time schedule that will best suit your child’s stage of development. If a parenting time agreement cannot be reached between you and your co-parent, we will vigorously advocate on your behalf in the courtroom.
Parenting time in Michigan may be supervised or unsupervised. Specifically, if a judge finds that a child’s safety would be at risk due to a parent’s history of domestic violence, mental illness, or neglect, supervised parenting time may be ordered. Supervised parenting time can also be ordered in situations where there is a risk of kidnapping, the parent is estranged from the child, or there is a history of substance abuse. In such cases, there are several visitation options.
In cases where the child has been estranged from the parent, the court may order parenting time with a family member or friend supervising the visits. Another option for supervision is therapist-supervised visitation. This form of supervised parenting time is typically ordered when a parent does not pose a threat to the child, but the judge believes it would be appropriate to have a mental health professional present.
If the situation is more serious and the parent poses a safety risk or the child’s well-being would be jeopardized, a judge may order agency supervision. This is the most restrictive form of supervised parenting time and is subject to a high level of scrutiny to ensure the child’s safety. In these cases, a parent may only visit with the child at a location approved by family services. There are no unsupervised interactions and physical contact is restricted.
A parent who is under a supervised parenting time order may petition the court for unsupervised parenting time if they have reached the milestones required under the supervised parenting time arrangement, or they can show they have made significant changes. If a judge finds there is proper cause or circumstances have changed, they may lift the restrictions. If appropriate, a judge may also order a gradual shift to unsupervised time. At the Law Offices of Kevin R. Lynch, we provide trusted representation for matters involving supervised parenting time and will work to achieve a positive outcome for you and your child.
Parents can use alternative dispute resolution methods such as mediation or the collaborative process to reach an amicable resolution regarding parenting time without involving the court. Not only can these methods save parties time and money, but they can also allow parents to find solutions that might not be available in the courtroom. While you know your child best, alternative dispute resolution can help you craft a customized parenting time arrangement that takes into account your family’s unique circumstances.
Some common parenting time arrangements that parents may consider can include:
The above are only a few examples of the types of parenting time arrangements that may be available. While an effective parenting time schedule should provide for the child’s stability, it should allow for flexibility. Critically, holidays, school vacations, and each parent’s work schedule must also be considered. At the Law Offices of Kevin R. Lynch, we can assist you with creating an arrangement that will suit your family’s needs and ensure your child maintains a strong bond with each parent.
If you are facing a parenting time dispute, it’s crucial to have a reliable family law attorney by your side. Conveniently located in Sterling Heights, Michigan, the Law Offices of Kevin R. Lynch P.L.C. provides affordable and trusted legal representation for parenting time and custody matters in Macomb County, Roseville, Sterling Heights, and Warren, Michigan. Our offices have flexible hours and available parking. Contact us at tel:586-336-1088 to schedule your free initial consultation.
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