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Parenting Time in Michigan: Creating a Fair Visitation Schedule

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    Parenting Time in Michigan: Creating a Fair Visitation Schedule

    After a divorce or separation, one of your biggest concerns is probably how much time you’ll spend with your children. Parenting time—what many people still call visitation—determines when your children are with you and when they’re with their other parent. Getting this right matters enormously, both for your relationship with your kids and for their sense of stability.

    Michigan law recognizes that children generally benefit from meaningful relationships with both parents. Courts create parenting time schedules designed to serve the child’s best interests while giving both parents regular, predictable time with their children.

    At Boroja, Bernier & Associates, we help parents throughout Southeast Michigan establish, modify, and enforce parenting time arrangements. Here’s what you need to know about creating a schedule that works for your family.

    Understanding Parenting Time vs. Custody

    Parents often confuse custody and parenting time, but they’re distinct concepts under Michigan law.

    Legal custody refers to decision-making authority over major aspects of your child’s life—education, healthcare, religious upbringing, and other significant choices. Parents can share joint legal custody (both have input) or one parent can have sole legal custody.

    Physical custody determines where the child primarily lives. The parent with primary physical custody is sometimes called the custodial parent.

    Parenting time is the schedule of when each parent has the child in their care. Even a parent without primary physical custody has parenting time rights. Michigan law presumes that parenting time with both parents serves the child’s best interests unless there’s evidence to the contrary.

    A parent can have limited physical custody but still have substantial parenting time. For example, children might live primarily with one parent during the school year but spend significant time—including overnights, weekends, and extended summer periods—with the other parent.

    Common Parenting Time Schedules in Michigan

    There’s no single “standard” parenting time schedule that applies to every family. Courts and parents consider the children’s ages, parents’ work schedules, geographic distance, and the family’s unique circumstances. That said, several arrangements are common in Michigan.

    Alternating weekends with midweek time. The non-custodial parent has the children every other weekend (Friday evening through Sunday evening) plus one weekday evening or overnight each week. This is one of the most traditional arrangements.

    The 2-2-5-5 schedule. Children spend two days with one parent, two days with the other, then five days with the first parent, then five days with the second parent. This creates a predictable two-week rotation while ensuring neither parent goes too long without seeing the children.

    Week-on, week-off (7-7). Children alternate entire weeks with each parent. This works well for older children and when parents live relatively close to each other. It minimizes transitions but means each parent goes a full week without seeing the children.

    The 3-4-4-3 schedule. One parent has the children for three days, then the other has them for four days, then they switch (four days with the first parent, three with the second). This ensures neither parent goes more than four days without time with the children.

    Extended time for distance. When parents live far apart, parenting time might involve fewer but longer periods—extended summer vacations, spring break, winter break, and occasional long weekends rather than weekly exchanges.

    The best schedule depends on your specific situation. Younger children often do better with more frequent transitions and shorter periods away from either parent. Teenagers may prefer longer stretches with each parent to maintain social activities and routines.

    Holiday and Vacation Schedules

    Regular parenting time schedules typically include provisions for holidays and school breaks, which often override the normal weekly rotation.

    Common holiday arrangements include:

    • Alternating major holidays by year (Thanksgiving with one parent in even years, the other in odd years)
    • Splitting holidays (Christmas Eve with one parent, Christmas Day with the other)
    • Designating certain holidays to specific parents based on family traditions or religious observance
    • Dividing school breaks (first half of summer with one parent, second half with the other)

    Holidays typically addressed in Michigan parenting time orders:

    • New Year’s Eve and New Year’s Day
    • Martin Luther King Jr. Day weekend
    • Presidents’ Day weekend
    • Spring break
    • Easter or Passover
    • Memorial Day weekend
    • Fourth of July
    • Labor Day weekend
    • Halloween
    • Thanksgiving and the following weekend
    • Winter break (Christmas/Hanukkah period)
    • Each parent’s birthday
    • Each child’s birthday
    • Mother’s Day (with mother) and Father’s Day (with father)

    Be specific in your parenting time order. Vague language like “holidays will be shared” creates conflict. Specify exact times (“from 9:00 a.m. on December 25 until 6:00 p.m. on December 26”) and which provisions take priority over the regular schedule.

    Michigan’s 100-Mile Rule and Domicile Changes

    Michigan has specific rules about relocating with children after a custody order is established. Understanding these rules is essential if you’re considering a move—or if your co-parent is.

    Under MCL 722.31, a parent cannot move a child’s legal residence (domicile) more than 100 miles from the child’s current residence without court approval or the other parent’s written consent. This applies even if the move stays within Michigan.

    The 100-mile rule is measured from the child’s legal residence at the time of the last custody order—not from the other parent’s current home. If you’ve already established a residence and want to move farther, you’ll need to petition the court.

    For moves outside Michigan, court approval is required regardless of distance. A move from Detroit to Toledo (about 60 miles) requires court permission because it crosses state lines.

    When deciding whether to allow relocation, courts consider:

    • Whether the move would improve the quality of life for both the parent and the child
    • The degree to which each parent has complied with the current custody order
    • Whether the other parent is seeking relocation to frustrate the other parent’s relationship with the child
    • How the move would affect parenting time arrangements
    • Whether a reasonable alternative schedule can maintain the child’s relationship with the non-relocating parent

    If you’re considering a move, consult an attorney before making plans. Moving without proper authorization can seriously damage your custody case.

    Modifying Parenting Time When Life Changes

    Life doesn’t stand still after your divorce. Jobs change, children grow, parents relocate, and circumstances evolve. Michigan allows modification of parenting time when there’s proper cause or a change in circumstances.

    Common reasons for modification include:

    • Work schedule changes. A new job with different hours might make the current exchange times impossible or create opportunities for more parenting time.
    • Children’s changing needs. A schedule that worked for a toddler might not suit a teenager with sports practices, social activities, and homework demands.
    • Safety concerns. Evidence of substance abuse, domestic violence, neglect, or other safety issues can justify modifying or restricting parenting time.
    • Parental relocation. When one parent moves (with proper authorization), the parenting time schedule usually needs adjustment to remain practical.
    • Improved circumstances. A parent who previously had limited time due to housing instability, work demands, or other issues may seek expanded parenting time once circumstances improve.
    • The child’s preferences. As children mature, their reasonable preferences carry more weight. A teenager’s strong preference for a different schedule may support modification.

    To modify parenting time, you’ll file a motion with the court that issued the original order. You’ll need to demonstrate what has changed and why the proposed modification serves the child’s best interests.

    Not every disagreement justifies court intervention. Before filing a motion, consider whether the issue can be resolved through direct communication with your co-parent or through mediation.

    Enforcing Your Parenting Time Rights

    What happens when your co-parent violates the parenting time order? Maybe they consistently return the children late, cancel your scheduled time at the last minute, or refuse exchanges altogether. Michigan provides remedies for parenting time interference.

    Document everything. Keep a detailed log of every violation—dates, times, what happened, and any communication about it. Save text messages and emails. This documentation is essential if you need to take legal action.

    Communicate in writing. When problems arise, address them through text or email so you have a record. Stay calm and factual. Courts look unfavorably on parents who escalate conflicts or respond to violations with their own bad behavior.

    Contact the Friend of the Court. Michigan’s Friend of the Court offices can help with parenting time disputes. They may offer mediation services or investigate complaints.

    File a motion to enforce. If violations continue, you can file a motion asking the court to enforce the parenting time order. Courts can order make-up time for missed parenting time, modify the schedule, require makeup time, or hold the violating parent in contempt.

    Request makeup parenting time. Under MCL 722.27a, if a parent is wrongfully denied parenting time, the court must consider granting additional parenting time to compensate for the missed time. This creates real consequences for interference.

    Contempt of court. Repeated or serious violations can result in contempt findings. Contempt can lead to fines, jail time, modification of custody, or other sanctions.

    Don’t respond to violations by withholding child support or engaging in self-help remedies. Two wrongs don’t make a right, and violating your own obligations weakens your position in court.

    Co-Parenting Tools and Communication

    Successful parenting time arrangements require ongoing communication between parents. Even when the relationship is strained, focusing on the children’s needs can help.

    Co-parenting apps like OurFamilyWizard, Talking Parents, and AppClose provide documented communication platforms. Messages are time-stamped and can’t be deleted, creating a clear record. Many Michigan courts accept printouts from these apps as evidence.

    Shared calendars help both parents track schedules, activities, and appointments. Google Calendar and similar tools allow real-time updates that both parents can see.

    Parallel parenting works when co-parents can’t communicate effectively. Each parent manages their own household independently, with minimal direct contact. Exchanges happen at neutral locations, and communication goes through apps or email rather than face-to-face.

    Mediation can resolve ongoing disputes without court intervention. A neutral mediator helps parents find solutions that work for everyone. Mediation is typically faster, cheaper, and less adversarial than litigation.

    The goal is creating stability for your children. They benefit when parents can cooperate—or at least coexist peacefully—even after divorce.

    Frequently Asked Questions About Michigan Parenting Time

    What is standard parenting time in Michigan?

    Michigan doesn’t have a single “standard” schedule that applies to all cases. Common arrangements include alternating weekends with midweek time, 2-2-5-5 rotations, or week-on/week-off schedules. The right schedule depends on your children’s ages, parents’ work schedules, and geographic distance.

    Can a parent deny visitation if child support isn’t paid?

    No. Parenting time and child support are separate legal obligations. You cannot withhold parenting time because your co-parent is behind on support, and your co-parent cannot deny your parenting time for non-payment. Both issues must be addressed through proper legal channels.

    At what age can a child refuse visitation in Michigan?

    There’s no specific age at which children can refuse parenting time. Courts consider children’s preferences as they mature, but a child’s refusal doesn’t automatically override a court order. If a teenager consistently refuses to go, parents should seek legal guidance rather than simply ignoring the order.

    Can parenting time be supervised in Michigan?

    Yes. When there are safety concerns—substance abuse, domestic violence, mental health issues, or risk of abduction—courts can order supervised parenting time. Supervision might be by a family member, a professional supervisor, or at a supervised visitation center.

    How do I change my parenting time schedule?

    File a motion to modify parenting time with the court that issued your original order. You’ll need to show proper cause or a change in circumstances and demonstrate that the modification serves your child’s best interests.

    Take the Next Step: Protect Your Time with Your Children

    Your relationship with your children matters. Whether you’re establishing an initial parenting time schedule, seeking modification as circumstances change, or enforcing your rights when they’re being violated, getting proper legal guidance helps you achieve the best possible outcome.

    At Boroja, Bernier & Associates, our family law attorneys help parents in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan with all aspects of parenting time. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we’re here to help you build a schedule that works for your family.

    To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We’ll help you understand your options and protect your time with your children.