Parenting Time in Michigan: Because Every Wednesday Night and Every Holiday Morning Matters

Custody determines the legal framework. Parenting time determines your actual life with your children — which weeknights you tuck them in, which holidays you wake up together, which summers you spend making memories.

At Boroja, Bernier & Associates, we help parents build parenting time arrangements that work in the real world, enforce orders when the other parent doesn’t comply, and navigate Michigan’s strict relocation rules before a move jeopardizes everything. Because the schedule you agree to today becomes your reality for years.

Serving Southeast Michigan, Central Michigan & Mid-Michigan

Meet Joel Bernier, Family Law Partner

The Schedule Isn’t Just Paperwork. It’s Your Relationship With Your Kids.

Here’s what nobody tells you during divorce negotiations: the parenting time schedule you agree to — or that a court orders — will govern your life for years. Miss something in the details, and you’ll feel it every time a holiday rolls around. Accept vague language to “be flexible,” and watch that flexibility disappear the moment conflict arises.

Parenting time under Michigan law (MCL 722.27a) isn’t about what’s fair to parents. It’s about what serves children. Courts start from the premise that children benefit from meaningful relationships with both parents — and parenting time is how that relationship happens in practice.

But “meaningful relationship” means different things to different families. A schedule that works for a family with two parents working 9-to-5 jobs in the same school district looks nothing like a schedule for parents with shift work, travel demands, or homes 45 minutes apart.

And then there’s relocation. Under MCL 722.31, Michigan restricts how far a custodial parent can move without court approval or the other parent’s consent. Ignore these rules, and you could lose custody entirely. Understand them, and you can plan appropriately — whether you’re the parent considering a move or the parent trying to prevent one.

At Boroja, Bernier & Associates, we’ve helped parents throughout Michigan build parenting time arrangements that actually function, enforce orders when the other parent violates them, and navigate relocation disputes on both sides. We know that what looks reasonable on paper can be a disaster in practice — and we help you think through the details before they become problems.Quotable Expert Statement: “In our experience representing parents across Southeast Michigan, Central Michigan, and Mid-Michigan, the parenting time disputes that end up back in court almost always trace back to vague language in the original order. ‘Reasonable parenting time’ sounds flexible until parents disagree about what’s reasonable. ‘Alternating holidays’ sounds simple until you realize nobody defined when Christmas starts and ends. Specificity isn’t rigidity — it’s protection against future conflict.”

How Michigan Parenting Time Works: The Legal Framework

Parenting time — sometimes still called “visitation,” though that term understates its importance — refers to the schedule of when children spend time with each parent. Under MCL 722.27a, Michigan courts must establish parenting time that serves the child’s best interests while preserving the child’s relationship with both parents.

The Starting Presumption

Michigan law presumes that parenting time with both parents benefits children. Courts don’t start from zero and make you prove you deserve time with your own kids. They start from the assumption that children need both parents — and work from there.

This presumption can be overcome. Evidence of domestic violence, substance abuse, neglect, or other factors that would harm the child can limit or eliminate parenting time. But absent such evidence, both parents get meaningful time.

Who Gets More Time?

Physical custody determines primary residence. But physical custody and parenting time exist on a spectrum, not in binary categories.

Some arrangements split time roughly equally — week-on/week-off, or 2-2-3 rotations that balance weekday and weekend time. Others give one parent the majority of overnights while ensuring the other parent has consistent, predictable time.

The specific arrangement depends on factors including:

• Each parent’s work schedule
• Children’s school and activity schedules
• Geographic distance between homes
• Children’s ages and developmental needs
• Historical caregiving patterns
• Each parent’s ability to facilitate the schedule

The Friend of the Court’s Role

When parents can’t agree on parenting time, Michigan’s Friend of the Court (FOC) often gets involved. The FOC may investigate, recommend specific schedules, and provide mediation. Many counties have standard parenting time guidelines that serve as starting points — though these are guidelines, not mandates.

Here’s something most parents don’t realize: FOC recommendations and procedures vary significantly from county to county. The parenting time guidelines in Macomb County aren’t identical to Oakland County’s, and the way investigators approach cases in Wayne County can feel completely different from what you’d experience in Ingham or Genesee County. Your attorney needs to know how your specific county’s FOC operates — not just what the statute says.

If you can reach agreement with the other parent, you have far more flexibility than if you leave decisions to the court or FOC recommendations.

Building a Schedule That Actually Works

A parenting time order needs to answer every question before the question becomes a fight. Vague orders create conflict. Specific orders create predictability.

Regular Parenting Time

The backbone of any schedule: which days and nights does each parent have the children during normal weeks?

Common arrangements include:

• Every other weekend: Friday evening through Sunday evening, plus one weeknight dinner or overnight
• Extended weekends: Thursday or Friday through Monday morning
• Week-on/week-off: Alternating full weeks with each parent
• 2-2-3 rotation: Two days with Parent A, two days with Parent B, three days with Parent A, then reverse
• 5-2-2-5: Five days with Parent A, two with Parent B, two with Parent A, five with Parent B

No arrangement is inherently superior. The right schedule depends on your family’s circumstances, your children’s needs, and what both parents can realistically sustain.

Holiday and School Break Schedules

Holidays override regular schedules — but only if your order specifies how. A good parenting time order addresses:

• Major holidays: Thanksgiving, Christmas Eve, Christmas Day, Easter, July 4th, Memorial Day, Labor Day
• Parent-specific holidays: Mother’s Day (with mom), Father’s Day (with dad)
• Children’s birthdays: Who has the child on their actual birthday?
• School breaks: Winter break, spring break, summer vacation
• Three-day weekends: Do they extend regular parenting time or follow separate rules?

The level of detail matters. “Alternating Christmas” doesn’t specify whether that means Christmas Eve, Christmas Day, or both. “Christmas Day from 10 AM to 8 PM in even years” eliminates ambiguity.

Summer Parenting Time

Summer typically allows extended time with the non-custodial parent — often several weeks of uninterrupted time. Your order should specify:

• How many weeks each parent receives
• How far in advance selections must be made
• Whether summer weeks can be consecutive or must be split
• How summer time interacts with the regular schedule
• Notice requirements for vacation travel

Transitions and Logistics

Where do exchanges happen? What time? Who’s responsible for transportation? What if someone is late?

These details seem minor until they become sources of weekly conflict. Good orders specify:

• Exchange locations (often school, a public place, or alternating responsibility)
• Exchange times
• Transportation responsibilities
• Communication protocols for schedule changes
• Makeup time for missed parenting time

When the Other Parent Doesn’t Follow the Order

A parenting time order is a court order. Violating it has consequences — though enforcing those consequences requires action on your part.

Common Violations

• Refusing to make children available for scheduled parenting time
• Returning children late consistently
• Scheduling activities during the other parent’s time without consent
• Denying phone or video contact
• Badmouthing the other parent to undermine the relationship
• Canceling parenting time for insufficient reasons

Documentation Is Everything

Before you can enforce anything, you need evidence. Courts won’t take action based on “they always do this.” You need specifics:

• Dates and times of denied or shortened parenting time
• Communications (text messages, emails) showing the denial
• Witnesses who observed the violation
• Patterns demonstrating consistent interference

Keep a parenting time log. Note every exchange — time, location, any problems. Save every text message. This documentation becomes evidence if enforcement becomes necessary.

Enforcement Options

Michigan provides several enforcement mechanisms under MCL 722.27a:

Motion for Makeup Time: Courts can order compensatory parenting time to make up for time wrongfully denied. This is more than a theoretical remedy — Michigan courts regularly award makeup time when one parent demonstrates a pattern of interference, and it sends a clear message that parenting time orders aren’t suggestions.

Motion for Show Cause/Contempt: The violating parent can be held in contempt of court — potentially resulting in fines, attorney fee awards, or even jail time for repeated, willful violations.

Modification of Custody: Persistent interference with parenting time demonstrates unwillingness to facilitate the child’s relationship with the other parent (best interest Factor 10) — which can support a motion to modify custody.

Police Involvement: For clear violations, you can contact law enforcement. However, police often treat custody disputes as civil matters and may be reluctant to intervene without unambiguous order language.

The Reality Check

Enforcement is time-consuming and expensive. Filing motions, attending hearings, and proving violations takes effort and attorney fees. Courts are often more forgiving of occasional violations than parents expect.

That doesn’t mean enforcement isn’t worthwhile — persistent violations absolutely warrant action. But picking battles strategically matters. Document everything, address patterns rather than one-off incidents, and consult with counsel about when court intervention makes sense.

Quotable Expert Statement: “Parents often ask why the other parent ‘gets away with’ violating the parenting time order. The honest answer: courts see a lot of parents accusing each other of violations that turn out to be misunderstandings or minor inconveniences. When you can demonstrate a pattern — with documentation — courts take it seriously. The parent who keeps meticulous records and presents clear evidence of systematic interference gets results. The parent who shows up angry but unprepared gets sympathy but not relief.”

Michigan’s 100-Mile Rule: What You Must Know Before Anyone Moves

Here’s where parenting time intersects with one of the most contentious issues in Michigan family law: relocation.

Under MCL 722.31, a parent with custody cannot move the child’s residence more than 100 miles from the child’s current residence without either:

1. Consent from the other parent, or
2. Court approval

This restriction applies regardless of whether you’re moving within Michigan or out of state. A move from Shelby Township to Traverse City (about 250 miles) triggers the rule just as much as a move to Chicago.

What Counts as “Residence”?

The 100-mile restriction is measured from the child’s legal residence at the time of the last custody order — not from the other parent’s current home, not from where you’re currently living, and not from some other reference point.

If your custody order establishes your home as the child’s legal residence in Macomb County, you cannot move that residence more than 100 miles away without consent or court approval.

The Consent Path

If both parents agree to the relocation, you can file a stipulated modification with the court. This is far simpler than contested relocation — but requires genuine agreement documented in writing.

Don’t rely on verbal consent. Parents who agree verbally and then change their minds leave the relocating parent in an impossible position. Get it in writing, file it with the court, and get a modified order before you move.

The Court Approval Path

If the other parent won’t consent, you must file a motion seeking court permission to relocate. Courts evaluate relocation requests based on five factors under MCL 722.31:

1. Whether the relocation would improve the quality of life for both the child and the relocating parent
2. Whether each parent has complied with the current custody order
3. Whether the non-relocating parent’s opposition is primarily motivated by desire to secure financial advantage (reduced support)
4. The degree to which the non-relocating parent’s involvement in the child’s life will be affected
5. Whether there is an established custodial environment

These factors don’t require you to prove the move is necessary — only that it’s reasonable and that appropriate adjustments to parenting time can maintain the child’s relationship with both parents.

If You Want to Relocate

File your motion before you accept the job, sign the lease, or commit to the move. Courts don’t appreciate parents who create facts on the ground and then ask permission.

Your motion should explain why the move improves your and your child’s life, propose a detailed modified parenting time schedule, and address how the child’s relationship with the other parent will be preserved (extended summer time, video calls, splitting transportation costs, etc.).

If You Want to Prevent Relocation

Act quickly. If you receive notice of intended relocation (required under MCL 722.31), you have limited time to object. Failure to object may be treated as consent.

Your opposition should focus on how the move would harm your relationship with the child and why the proposed modified parenting time is inadequate. General objections (“I don’t want my child far away”) carry less weight than specific evidence of how the distance would damage an active, involved parental relationship.

The Stakes Are High

Relocation disputes are high-stakes litigation. A parent who loses may effectively lose meaningful regular parenting time — reduced to long-distance visits, summer weeks, and alternating holidays. A parent who moves without permission may face contempt charges, forced return, and potential custody modification.

Don’t navigate this without experienced counsel.

“Relocation cases are where preparation makes the biggest difference. The parent who files a motion with a vague ‘better job opportunity’ and no proposed modified schedule almost always loses. The parent who presents detailed evidence — the specific career advancement, the improved school district, and a concrete plan showing how the child’s relationship with both parents will actually be strengthened — gives the court something to work with. These cases are won in the preparation, not in the courtroom.”

Modifying Parenting Time: When Schedules Need to Change

Children grow. Parents’ circumstances change. A schedule that worked when your child was 4 may be completely wrong when they’re 14.

Modifying by Agreement

If both parents agree that the schedule should change, you can file a stipulated modification. This is straightforward — draft the new schedule, sign it, file it with the court, and get a modified order.

Don’t just informally change the schedule without modifying the order. If the relationship later deteriorates, the original order — not your informal arrangement — controls. Protect yourself by making changes official.

Modifying Over Objection

If one parent wants to modify parenting time and the other refuses, the requesting parent must file a motion and demonstrate either proper cause or a change of circumstances.

Changes that might justify modification:

• Significant change in either parent’s work schedule
• Child’s changing needs (older children often want different arrangements)
• One parent’s consistent failure to exercise parenting time
• Geographic relocation (within the 100-mile limit)
• Changes in the child’s school or activity schedule
• Safety concerns that didn’t exist previously

Changes that typically won’t justify modification:

• General dissatisfaction with the current schedule
• Desire for more time without changed circumstances
• New relationship (yours or theirs) without impact on the child

What Courts Consider

When evaluating parenting time modifications, courts look at the child’s best interests — similar to custody determinations, though typically with less intensive analysis. The court wants to know: will the proposed modification serve the child better than the current arrangement?

If an established custodial environment exists, the standard is higher. Courts protect stability.

How BBA Law Handles Parenting Time Matters

Parenting time isn’t abstract legal theory. It’s Tuesday evenings. It’s Christmas morning. It’s summer vacations. We approach these matters with the seriousness they deserve.

We Think Through the Details

When building parenting time agreements, we ask the questions that prevent future conflict. What happens if a child is sick on exchange day? Who decides about extracurricular activities scheduled during the other parent’s time? How do you handle schedule conflicts with extended family events?

These details feel tedious during negotiation. They feel essential when problems arise.

We Prepare for Enforcement

If the other parent isn’t following the order, we help you build the documentation and case necessary to get court intervention. We’re direct about when enforcement makes sense and when you’re better served by other approaches.

We Navigate Relocation Strategically

Relocation disputes are among the most complex family law matters. Whether you’re seeking permission to move or fighting to prevent a move that would devastate your relationship with your child, we bring the preparation and strategic thinking these cases demand.

We Communicate Clearly

Parenting time matters affect your daily life in ways that property division never will. You deserve to understand what’s happening, what your options are, and what to expect. We keep you informed because informed clients make better decisions.

Questions Michigan Parents Ask About Parenting Time

Every parenting time dispute has a tipping point. Before you agree to a schedule you’ll regret, before you let another violation slide, before you make a move that triggers the 100-mile rule — get legal guidance. A consultation with Boroja, Bernier & Associates gives you a clear picture of your rights and your options. Call (586) 991-7611.

The Schedule You Accept Today Is the Life You Live Tomorrow

Parenting time decisions have consequences that last for years. The schedule you negotiate during divorce, the enforcement actions you take or don’t take, the relocation decisions you make — all of it shapes your relationship with your children in tangible, daily ways.

Consider consulting with a parenting time attorney if:

• You’re negotiating a parenting time schedule and want to make sure it actually works
• The other parent consistently violates your parenting time order
• You’re considering a move that might trigger the 100-mile rule
• The other parent is planning to relocate with your child
• Your current schedule no longer fits your family’s circumstances
• You have questions about your rights before agreeing to anything

At Boroja, Bernier & Associates, we help parents think through the practical implications of parenting time arrangements before problems arise — and address problems effectively when they do.

Don’t Sign Anything Until You Understand What You’re Agreeing To

Parenting time seems straightforward until it isn’t. The vague language that seemed “flexible” becomes a weapon. The informal arrangement you didn’t document becomes unenforceable. The move you didn’t think through becomes a custody crisis.

You deserve an attorney who thinks through the details, who asks the questions that prevent future conflict, and who helps you understand exactly what any proposed schedule means for your actual life with your children.

At Boroja, Bernier & Associates, we help families throughout Macomb County, Oakland County, Wayne County, and across Southeast Michigan, Central Michigan, and Mid-Michigan navigate parenting time with the preparation and strategic thinking these matters demand.

Schedule a consultation with Joel Bernier at Boroja, Bernier & Associates. Let’s review your situation, discuss what matters most to you, and make sure whatever arrangement you agree to actually serves your family.

Because your time with your children is worth getting right.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call (586) 991-7611.

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Office Hours: Monday–Thursday: 9:00 AM–5:00 PM | Friday: 9:00 AM–3:00 PM | Saturday & Sunday: By Appointment

Service Area Statement: Boroja, Bernier & Associates handles parenting time and relocation matters throughout Southeast Michigan (Macomb, Oakland, Wayne, Washtenaw, Livingston, Monroe, St. Clair Counties), Central Michigan (Ingham, Eaton Counties), and Mid-Michigan (Genesee, Lapeer Counties). Headquarters in Shelby Township (49139 Schoenherr Rd., Shelby Township, MI 48315) with additional offices in Troy, Ann Arbor, and Lansing.