Parenting time is often disputed in Michigan Family Courts. The non-custodial parent will be awarded parenting time with the children unless it can be shown that parenting time will endanger the mental or physical health of the children.

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An order for parenting time will determine weekends, school-breaks, holidays, summer-break and birthdays. Often parents dispute what parenting time plan is in the best interest of the children. If the parties cannot make this decision on their own the court will determine parenting time. 

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How is parenting time determined?

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If the parents can come to an agreement regarding parenting time, the court will review the parenting time agreement and determine if the agreement is in the best interest of the children. If the court determines that the agreement is in the children's best interest, the court will approve the agreement. Sometimes parents cannot come to an agreement regarding parenting time. If parenting time is contested the court will consider the best interest of the children and the court may consider the following parenting time factors provided by MCL 722.27a(6):

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1. The existence of any special circumstances or needs of the child.

2. 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.

3. The reasonable likelihood of abuse or neglect of the child during parenting time.

4. The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.

5. The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time.

6. Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.

7. Whether a parent has frequently failed to exercise reasonable parenting time.

8. 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.

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