How is Parenting Time Decided in Michigan?

 Posted on December 05, 2024 in Family Law

When you are in the midst of an ongoing divorce, questions about parenting time and custody are likely among your most pressing concerns. This can be a highly stressful time for all parties involved. The courts spend time determining a child’s best interest before making decisions about physical custody, or parenting time.

A family law attorney in Oakland County, MI, can provide compassionate, individualized counsel to help you reach a place of stability with your child. Attorneys Susan L. Elkouri and Symantha Heath have over 46 years of combined experience proudly representing the people of southeastern Michigan in complex, emotionally charged family law cases.

Joint Custody Agreements

When two spouses in a divorce can agree to split the responsibilities of parenting their children, a joint custody agreement allowing for shared parenting time may be appropriate. In these arrangements, parents typically roughly receive an equal amount of time with their child, adhering to a regular schedule. Parents who split parenting time equally may also share responsibility over certain decisions, known as joint legal custody.

This is a preferred outcome for the court in many cases as it allows the child to maintain a close relationship with both parents. If the parents conclude that joint custody would be the best solution, a judge is unlikely to rule against it as long as it does not go against the child’s best interests.

Sole Custody Agreements

If the court decides that a child would be better off in the physical care of one parent, then a judge may decide to grant that parent sole custody. This could be based on several factors, including:

• The distance between the spouses’ residences after a divorce.

• If one spouse has a restrictive work schedule that would make shared parenting time impractical.

• Whether one spouse has the means to take care of the child.

In Michigan, a parent may have grounds for sole physical custody if he or she has maintained an established custodial environment during the separation. In this context, "custodial environment" refers to how a parent provides for a child’s needs, factoring in physical and emotional well-being. Both parents can create a custodial environment, but if only one parent is consistently addressing the child’s needs, that parent may be given the right to sole custody.

If a parent is awarded sole physical custody, the other parent may still be entitled to time with the child as long as that does not jeopardize the child’s best interests. A judge will decide whether these visits should be supervised, and help the spouses reach a decision about when these visits should take place.

Meet with a Northville, MI Child Custody Lawyer

Finding a viable solution for parenting time can be a delicate balancing act between standing up for your parental rights and acknowledging what is best for your child. At Elkouri Heath, PLC, an Oakland County, MI family law attorney can assist with and help advocate for a favorable outcome for your family. To schedule a free consultation, call our office at 248-344-9700 today.