Michigan Parenting Time- DV Charges

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If charged with domestic violence in Michigan and you have children, the other parent may try to take your kids away from you, or limit the time you spend with them.  In Michigan, parenting time means how many overnights you have with your children, which ultimately is factored into child support. 

In Michigan, there is a presumption that it is in the best interest of the child to have a strong relationship with both parents.  If one parent has sole physical custody of a child in Michigan it is presumed that the other parent will be granted parenting time, which means spending time with the child.

Parenting time in Michigan will be granted to a parent as frequency, prolonged and type reasonable to promote a strong relationship between the child and parent who is granted parenting time.  This might mean certain weekends, holidays, certain extended vacations; courts and parties can get creative in determining parenting time in Michigan. 

Parties are free to come to an agreement on their own about parenting time in Michigan cases, which are subject to the court's review of the "best interest of the child" or a court may determine the parenting time.  

Parenting time is modifiable in Michigan by the parties consent or a party filing a motion, and the court making a determination if proper cause has been shown and if there is a change of circumstances, which warrant the modification. 

If you're in the middle of a custody battle, the other parent will likely be trying to take away or limit your parenting time.  They may even seek that the parenting time be supervised with a third party present, who observes and reports back to the court.  One parent cannot simply decide to deny the other parent time with the kids.

In Michigan the Friend of the Court is the go-to person for enforcing parenting time.  If the Michigan Friend of the Court receives a written complaint with specific facts constituting a custody or parenting time violation, they must take action.

A parenting time or custody order violation in Michigan is defined as "an individual's act or failure to act that interferes with a parent's right to interact with his or her child in the time, place, and manner established in the order that governs custody or parenting time between the parent and the child and to which the individual accused of interfering is subject"

The remedy for a violation of a parenting time order in Michigan is usually to apply "make-up" time to the aggrieved parent, or if necessary schedule alternative dispute resolution or a joint meeting between the parents.  
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