how to file a motion for parenting time in michigan

3 min read 06-02-2025

how to file a motion for parenting time in michigan

Navigating the complexities of Michigan's family court system can be challenging, especially when it comes to parenting time. This article will guide you through the process of filing a motion for parenting time in Michigan. Understanding the procedure and gathering the necessary documentation is crucial for a successful outcome. Remember, this information is for educational purposes and not a substitute for legal advice. Consult with a qualified Michigan family law attorney for personalized guidance.

Understanding Parenting Time in Michigan

Before diving into the filing process, let's clarify what "parenting time" means in Michigan. It's the time a child spends with each parent. Michigan courts prioritize the child's best interests when determining parenting time arrangements. These arrangements can be incredibly diverse, ranging from a traditional custody agreement to a highly individualized schedule tailored to the specific family's needs.

Types of Parenting Time Orders

Michigan courts can order various types of parenting time arrangements, including:

Joint Legal Custody: Both parents share decision-making responsibilities regarding the child's upbringing.
Sole Legal Custody: One parent holds primary decision-making authority.
Joint Physical Custody: The child spends significant time with both parents.
Sole Physical Custody: The child primarily resides with one parent.

The court will consider numerous factors when determining the most appropriate parenting time arrangement. These include the child's wishes (if age-appropriate), the parents' ability to cooperate, and the child's overall well-being.

Filing a Motion for Parenting Time: A Step-by-Step Guide

Filing a motion for parenting time involves several key steps. Let's break down the process:

Step 1: Determine the Necessary Court

First, identify the correct court in which to file your motion. This is typically the county where you or your child resides.

Step 2: Prepare Your Motion

Your motion should clearly state your request for modification of parenting time. Be specific about the changes you are seeking. Include any supporting evidence, such as:

Evidence of a change in circumstances: Has there been a significant change in the child's life or the parents' lives that warrants a modification? This is crucial.
Detailed proposed parenting time schedule: Outline your proposed parenting time schedule, including specific days and times. Be realistic and consider the child's best interests.
Documentation supporting your claims: Gather any relevant documentation, such as school records, medical records, or emails demonstrating communication issues.

Step 3: File Your Motion with the Court

Once your motion is complete, file it with the court clerk. You will need to pay the required filing fees. Keep copies of everything you file for your records.

Step 4: Serve the Other Party

After filing, you must formally serve the other parent with a copy of your motion and all supporting documents. Service can be accomplished by personal service, certified mail, or other methods as per court rules. Proof of service must be filed with the court.

Step 5: Attend the Hearing

The court will schedule a hearing to consider your motion. Be prepared to present your case and answer questions from the judge. It's highly recommended to have an attorney present.

What to Expect at the Hearing

At the hearing, the judge will consider all the evidence presented. The judge's primary focus will be the child's best interests. The judge may ask questions, and you'll have the opportunity to present your case.

Seeking Legal Counsel

This process can be intricate. Navigating family law matters requires expertise. An experienced Michigan family law attorney can provide valuable guidance and representation throughout this process. They can help you prepare your motion, represent you in court, and advocate for your rights and your child's best interests.

Additional Resources

Michigan Courts Website: The Michigan Courts website offers helpful information about family law procedures.
Michigan Bar Association: The Michigan Bar Association can assist you in finding a qualified family law attorney.

Remember, seeking legal counsel is often the best approach to ensure a smooth and successful resolution to your parenting time concerns. Don't hesitate to reach out to a legal professional for assistance. The well-being of your child should always be the top priority.