Michigan Parenting Time and Visitation Laws

Michigan visitation rights, also known as "parenting time", ensure children maintain strong relationships with both parents after separation or divorce. Courts consider factors like the child's emotional bond with each parent, home stability, and school ties when determining visitation schedules.

As long as the court determines that it's in the best interests of the child, it will ensure that a child has visitation with both the custodial and non-custodial parents. Although Michigan provides model guidelines for determining visitation schedules and terms, not all counties have adopted them. Some may have their own variations.

This article is intended to give you a general overview of how the state of Michigan determines parenting and grandparenting time, common terms and conditions, and other important details.

Michigan Visitation Rights

In Michigan, visitation rights (parenting time) are established within the framework of the custody arrangement determined by the courts. The primary aim is to ensure the well-being of the child, facilitating strong relationships with both parents post-separation or divorce.

Michigan courts assess factors such as the emotional bond between the child and each parent, the stability of the home environment, and the child's ties to their school and community. Visitation schedules are designed to complement the physical custody arrangement, which may be sole physical custody or joint physical custody. It can also include regular overnights and holiday visits.

Parents are encouraged to agree on a visitation plan. If they can't, the court will establish a fair and practical schedule to ensure the child's best interests are met.

Michigan Parenting Time and Visitation Laws: The Basics

You want have more time to visit with your child, which means you probably aren't interested in translating dense legal text. It's important to understand your rights and obligations with respect to parenting time in Michigan, so we've provided the following "plain English" summary of the relevant Michigan laws to help you.

Michigan Parenting Time Statutes

Michigan Compiled Laws Section 722.27a, et seq. (Child Custody Act of 1970)

Michigan Parenting Time: Model Guidelines

Not all counties in Michigan have adopted the state's model guidelines for parenting time schedules, so check with your county for specifics:

Alternating Weekends - From 6:00 p.m. Friday until 6:00 p.m. Sunday

Weekdays - One evening per week from 6:00 p.m. to 8:30 p.m. on a day to be determined by the parties (Wednesday if parties can't agree)

Holidays

For the following holidays, the father has parenting time in odd-numbered years and the mother has parenting time in even-numbered years:

  • Memorial Day weekend, beginning at 6:00 p.m. on that Friday and ending at 6:00 p.m. on Memorial Day
  • Labor Day weekend, beginning at 6:00 p.m. on that Friday and ending at 6:00 p.m. on Labor Day

For the following holidays, the father has parenting time in even-numbered years and the mother has parenting time in odd-numbered years:

  • Fourth of July, beginning at 6:00 p.m. on July 3rd and ending at 9:00 a.m. on July 5th
  • Thanksgiving weekend, beginning at 6:00 p.m. that Wednesday and ending at 6:00 p.m. the Sunday following Thanksgiving

Spring, Summer, and Winter Break

  • Spring Break - Father has parenting time in even-numbered years from 6:00 p.m. the last day of school before break until 6:00 p.m. the day before school resumes
  • Winter Break - Father has parenting time in odd-numbered years, from 6:00 p.m. the last day of school before break until 9:00 p.m. December 24th and mother has parenting time from 9:00 p.m. (12/24) until the day before school resumes; schedule is reversed in even numbered years
  • Summer Break - Non-custodial parent has parenting time beginning the first Friday after July 4th at 6:00 p.m. and continuing for 4 weeks until the fourth Friday at 6:00 p.m.; during this period, custodial parent has weekend parenting time beginning on the second Friday at 6:00 p.m. and ending on Sunday at 6:00 p.m.

Mother's Day and Father's Day - Child shall be with the mother for the entire weekend of Mother's Day and with the father for the entire weekend of Father's Day, from 6:00 p.m. Friday until 6:00 p.m. Sunday

Telephone Contact - When in the care of one parent, a child shall have the right to contact the other parent by telephone or internet. The frequency of calls is established on a case-by-case basis, but at least once a week for school-age children. If the child is residing at a different location than usual, the other parent shall be informed of the address and an alternate telephone number.

Other Parenting Time Options - Other options may include the child's birthday and the option for one of the parents to be the first choice as a child care provider when needed

Note: Although these guidelines specifically indicate "father" and "mother," same-sex parents also have parenting time rights under Michigan's equitable parent doctrine. Cases may vary depending on the circumstances.

Common Terms and Conditions of Parenting Time

The following specific terms and conditions of parenting time may be included in the court order if requested by either party:

  • Division of responsibility to transport the child
  • Division of cost of transporting the child
  • Restrictions on the presence of third parties during parenting time
  • Requirements that the child be ready for parenting time by a specific time
  • Requirements that the parent arrive for parenting time and return the child 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 the parenting time order
  • Requirements of reasonable notice when parenting time will not occur
  • Any other reasonable condition determined to be appropriate

Factors Considered When Determining Parenting Time (Visitation) in Michigan

In order to determine the length, frequency, and type of parenting time, the court considers the following factors:

  • Any special needs of the child
  • Whether the child is less than 6 months old and nursing, or less than 1 year old and receiving substantial nutrition from nursing
  • Reasonable likelihood of abuse or neglect of the child during parenting time
  • Reasonable likelihood of abuse of a parent resulting from parenting time
  • Inconvenience to, and burden on, the child as a result of traveling from one parent to the other
  • Whether a parent can reasonably be expected to comply with parenting time in accordance with the court order
  • Whether the parent has, in the past, frequently failed to exercise reasonable parenting time
  • Threatened or actual detention of the child with intent to keep or conceal the child from the custodial parent
  • Any other relevant factors

Grandparenting Time

A child's grandparent may seek a grandparenting time order under one of the following circumstances:

  • There is an action for divorce, separation, or annulment before the court
  • Child's parents are divorced, separated, or have had their marriage annulled
  • The child's parent, who is a child of the grandparents, is deceased
  • Child's parents have never been married, are not in the same household, and paternity has been established
  • Legal custody of the child has been given to someone other than the parent
  • In the year preceding the action seeking a grandparenting time order, the grandparent provided an established custodial environment for the child

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Michigan Parenting Time and Visitation Rights: Related Resources

Have Questions About Your Visitation Rights? A Michigan Attorney Can Help

Spending time with both parents is usually in the best interests of a child, assuming there aren't any concerns such as child abuse. If you need help asserting your right to visit your child, you may need the assistance of an experienced professional. Speak with a qualified Michigan family law attorney near you to learn more.

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