How Can I Modify Parenting Time in Michigan?

How Can I Modify Parenting Time in Michigan?

Parenting can be challenging enough without the added stress of a rigid parenting time plan that no longer works for your family. If your current arrangement is causing upheaval, it’s important to know that parenting time orders in Michigan aren’t set in stone—they can be modified to better suit evolving circumstances.  

At Iafrate & Salassa, P.C., we have over 50 years of combined experience helping Michigan parents adjust their parenting time plans to protect their rights and prioritize their children’s best interests – we don’t want you to struggle anymore. In this post, we’ll walk you through how to modify your parenting time order and provide insight into what you can expect from the process.

When Can You Modify a Parenting Time Order?

The court allows modifications to parenting time under specific conditions, but you must be able to demonstrate proper cause or a change in circumstances since the existing order was put into place. For example:

• Improved parental stability (e.g., new, stable housing)
• Changes in your child’s needs (e.g., starting school or requiring medical assistance)
• A parent’s failure to comply with the current parenting schedule
• Work-related changes that affect availability (e.g., a new job or different working hours)

The court recognizes parenting time as an evolving issue, but it must be proven that the changes impact the well-being of the child.

The Modification Process

Understanding the steps in modifying a parenting time order is key to smoothly navigating the process.

Step 1: File a Motion Regarding Parenting Time

You’ll begin by filing a Motion Regarding Parenting Time in the family division of your county’s circuit court. This serves as a formal request to adjust the existing court order.

Step 2: Complete Necessary Paperwork

Provide details about the reasons for requesting a change and any supporting evidence (e.g., proof of proper cause or a change in circumstances). This paperwork must be thorough yet concise

Step 3: Pay Filing Fees or Request a Fee Waiver

Filing a motion typically requires payment of a court fee. However, those experiencing financial hardship can request a fee waiver.

Step 4: Review the Current Order

Before filing, carefully review the current parenting time order so you understand what changes you wish to propose. Keep a copy on hand for reference throughout the process.

Step 5: Serve the Motion

Once filed, serve the motion and notice of hearing to the other parent (aka the Respondent). This ensures they’re informed and have an opportunity to respond before the court hearing.

Step 6: Attend a Hearing

If the case is contested, you’ll present your case to the judge or possibly attend mediation through Friend of the Court services. Be prepared to provide documented evidence and articulate why the modification is in the child’s best interests.

What the Court Considers

Michigan courts prioritize the child’s best interests when deciding on parenting time modifications. Judges review a range of factors, including but not limited to:

• The child’s emotional, physical, and educational well-being.
• The benefit of maintaining a stable schedule.
• The relationship between the child and each parent.
• How changes may impact the child’s established routines.

Clear and convincing evidence must demonstrate that the modification serves the child’s overall best interests.

The Role of Legal Representation

Navigating the parenting time modification process can feel overwhelming, especially if the changes are contested. Partnering with an experienced family law attorney ensures your rights are protected while presenting a compelling case to the court.  

Benefits of hiring a family law attorney include:

• Guidance on meeting legal requirements
• Precise preparation and filing of paperwork
• Strong advocacy during hearings or mediation
• Advice on potential financial implications, such as child support adjustments  

Protect Your Parent-Child Relationship Today

The Michigan legal system recognizes that parenting time plans may need to be adapted over time and provides a clear process for parents to seek modifications. The attorneys at Iafrate & Salassa, P.C. are dedicated to helping families navigate the complexities of parenting time modifications with compassion and experience. Contact us today to discuss your case and take the first step toward securing a more suitable arrangement for you and your child.