PARENTING TIME & VISITATION ATTORNEY - GRAND RAPIDS MICHIGAN
When you are facing a parenting time dispute and have questions about your options in the Grand Rapids area, it is important to have the representation of a good parenting time attorney. Krupp Law Offices P.C. has been providing quality parenting time representation for over 85 years. If you are facing a parenting time dispute or have questions, call the divorce attorneys at Krupp Law Offices P.C. for a free phone consultation. During your phone consultation, our attorneys will provide you with immediate answers to your questions and schedule an appointment with one of our attorneys.
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CHILD VISITATION AND PARENTING TIME IN MICHIGAN
Michigan law requires that the court consider what is in the best interest of the child when determining appropriate parenting time. Parenting time is the new politically correct term for visitation. The court can consider a number of different factors in formulating a visitation schedule. The primary factors the court usually considers is the age of the child, the work schedules of parties, transportation, the need to maintain a stable environment for the child, and the need to facilitate a close and continuing relationship with the noncustodial parent. The court can order visitation that is extremely liberal or very restrictive. In some cases, the court will order visitation to be supervised by another adult for only a few hours per week. In other circumstances the court will order visitation which would include every weekend, every other holiday, half of all school vacations, and one-half or all of summer vacation. The amount of overnights can significantly change the amount of support paid. The more overnights that are exercised reduces the support obligation.
MCL 722.27(a) states the following:
(1) Parenting time shall be granted in accordance with the best interests of the child. It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents. Except as otherwise provided in this section, parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.
(2) If the parents of a child agree on parenting time terms, the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child.
(3) A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health.
(4) Notwithstanding other provisions of this act, if a proceeding regarding parenting time involves a child who is conceived as the result of acts for which 1 of the child's biological parents is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520e and or a substantially similar statute of another state or the federal government, or is found by clear and convincing evidence in a fact-finding hearing to have committed acts of nonconsensual sexual penetration, the court shall not grant parenting time to that biological parent. This subsection does not apply to a conviction under section 520d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d. This subsection does not apply if, after the date of the conviction, the biological parents cohabit and establish a mutual custodial environment for the child.
(5) A parent may assert an affirmative defense of the provisions of subsection (4) in a proceeding brought by the offending parent regarding a child described in subsection (4).
(6) Notwithstanding other provisions of this act, if an individual is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520e and the victim is the individual's child, the court shall not grant parenting time with that child or a sibling of that child to that individual, unless both the child's other parent and, if the court considers the child or sibling to be of sufficient age to express his or her desires, the child or sibling consent to the parenting time.
(7) The court may consider the following factors when determining the frequency, duration, and type of parenting time to be granted: (a) The existence of any special circumstances or needs of the child. (b) 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. (c) The reasonable likelihood of abuse or neglect of the child during parenting time. (d) The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time. (e) The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time. (f) Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order. (g) Whether a parent has frequently failed to exercise reasonable parenting time. (h) 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. (i) Any other relevant factors.
(8) Parenting time shall be granted in specific terms if requested by either party at any time. (9) A parenting time order may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of parenting time by a parent, including 1 or more of the following: (a) Division of the responsibility to transport the child. (b) Division of the cost of transporting the child. (c) Restrictions on the presence of third persons during parenting time. (d) Requirements that the child be ready for parenting time at a specific time. (e) Requirements that the parent arrive for parenting time and return the child from parenting time at specific times. (f) Requirements that parenting time occur in the presence of a third person or agency. (g) Requirements that a party post a bond to assure compliance with a parenting time order. (h) Requirements of reasonable notice when parenting time will not occur. (i) Any other reasonable condition determined to be appropriate in the particular case.
A person should consult with an experienced divorce attorney who practices extensively in domestic relations law when faced with a parenting time problem or a modification parenting time. Such modifications can alter the amount of child support that the custodial parent receives and possibly resultant in a changing custody.
If you are facing a visitation or parenting time issue, a good divorce attorney is not optional, it is a requirement! Our divorce attorneys can answer your questions with straight talk. Having the right divorce attorney on your side can relieve your stress during this difficult situation. Our Attorneys have over 85 years of divorce experience. Our attorneys have extensive parenting time trial experience. Typical fees to retain attorney for a parenting time issue can range and from 1,000 dollars to as high as 5000 dollars. Considering the seriousness of this life changing event, it is extremely important to retain the services of an experienced attorney in the area of divorce.
Krupp Law Offices P.C.
is located in downtown Grand Rapids, Michigan and has the right divorce attorney for you. We represent clients in all divorce matters throughout West Michigan, including the cities of Grand Rapids, Holland, and Grand Haven, and the counties of Kent, Ottawa, Allegan, Barry, Newaygo, Montcalm, Muskegon, and Ionia.
Call for a free phone consulation. Our office can help.
161 Ottawa NW Suite 404
Grand Rapids MI 49503
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