Best Child Visitation Lawyers in Michigan

About Child Visitation Law in Michigan, United States

Child visitation, also known as parenting time, refers to the scheduled period when a non-custodial parent spends time with their child following a separation or divorce. In Michigan, visitation laws are designed to ensure that children maintain a healthy relationship with both parents, unless there are strong reasons to restrict contact. The court typically determines parenting time based on the best interests of the child, considering factors such as the child’s age, emotional needs, and the relationship between the child and both parents.

Why You May Need a Lawyer

While some parents can agree on visitation arrangements without legal intervention, many situations require the guidance of a qualified attorney. You may need a lawyer if:

• You and the other parent disagree on a parenting time schedule
• You believe your child is at risk of harm during visitation
• The other parent is denying you your court-ordered visitation rights
• You want to modify an existing visitation order due to changing circumstances
• There are allegations of abuse, neglect, or substance abuse
• You are concerned about out-of-state relocation or parental kidnapping
• You have difficulties enforcing a parenting time order
• You need help navigating complex legal paperwork and hearings

Local Laws Overview

Michigan law prioritizes the best interests of the child in all matters of parenting time. Key aspects of the state’s child visitation laws include:

• Best Interests of the Child: The court examines twelve factors, such as emotional ties, stability, and the capacity to meet the child’s needs, to determine visitation schedules.
• Presumption of Parenting Time: Unless evidence shows that visitation would endanger the child’s physical, mental, or emotional health, the court generally awards reasonable parenting time to the non-custodial parent.
• Enforcement: Michigan courts can enforce, modify, or create parenting time schedules. Violations can result in penalties or changes to the existing order.
• Modification: Parents can request changes to visitation if there is proper cause or a significant change in circumstances. The process involves filing a motion and, in some cases, attending mediation or court hearings.
• Supervised Visitation: If the child’s safety is at risk, the court may order supervised visitation, where a third party is present during parenting time.

Frequently Asked Questions

What is the difference between custody and visitation?

Custody refers to the right to make decisions about the child's upbringing and primary residence, while visitation (parenting time) involves the schedule for the non-custodial parent to spend time with the child.

How is parenting time determined in Michigan?

The court considers the best interests of the child, reviewing factors such as the relationship with each parent, the child’s home environment, and the mental and physical health of everyone involved.

Can my child choose which parent to live with?

Michigan courts may take into account a child’s preference, but it is just one of many factors. The child’s age and maturity level will influence how much weight is given to their wishes.

What should I do if the other parent denies my visitation Rights?

You should document the denial and contact your attorney or the local Friend of the Court office to file a complaint. The court can enforce the order or take corrective action against violations.

Can parenting time be changed after the initial order?

Yes, parenting time orders can be modified if there is proper cause or a significant change in circumstances. A court motion should be filed to request modification.

Are grandparents entitled to visitation in Michigan?

Grandparents can request visitation, but must show that lack of contact would harm the child or that visitation is in the child’s best interest. This is not automatically granted.

Will the court always grant visitation to the non-custodial parent?

Generally, yes, unless it can be shown that visitation would pose a risk to the child’s safety or well-being. In such cases, supervised visitation may be ordered.

What can I do if the other parent is not following the visitation order?

You can file a parenting time complaint with the court or the Friend of the Court office to address violations. Legal enforcement may lead to consequences for the non-compliant parent.

Is supervised visitation permanent?

Supervised visitation is usually temporary and is imposed only when necessary for the child’s safety. The court may lift supervision if circumstances improve.

Do I need a lawyer to file for visitation or modify an order?

While you are not required to have a lawyer, legal representation can help navigate complex legal issues, advocate your interests, and ensure that filings are completed correctly and on time.

Additional Resources

• Friend of the Court (FOC): Serves as a resource and enforcement agency for child custody and visitation matters in each Michigan county.
• Michigan Courts Website: Offers forms, rules, and self-help guides regarding parenting time and family law.
• Michigan Department of Health and Human Services: Provides family assistance programs and support services.
• Legal Aid and Pro Bono Services: Organizations such as Legal Services of Eastern Michigan and Michigan Legal Help may offer free or low-cost assistance.

Next Steps

If you are facing challenges related to child visitation in Michigan, consider taking the following actions:

• Write down your main concerns and document any issues with visitation or custody
• Gather important documents, including court orders and communication records with the other parent
• Contact your county’s Friend of the Court office or a qualified family law attorney to review your situation
• If you cannot afford a lawyer, reach out to local legal aid organizations for guidance
• File the necessary paperwork or complaints promptly to avoid delays in resolving your visitation issue

Dealing with child visitation can be emotional and complex, but understanding your rights and the legal process in Michigan is the first step toward resolution. Consulting with a knowledgeable attorney can help ensure the best outcome for both you and your child.