In such cases, the parent with the rights is called the custodial parent, while the other is called the non-custodial parent; Joint or Shared Custody: Here, the parents may split physical custody and legal custody rights in a way prescribed by the court; and; Various other types of custody rights. (Mich. Comp. If the parents agree on joint custody, the court must order it unless the court determines that joint custody is not in the best interests of the child. Michigan Compiled Laws. Laws § 722.26a (1).) It's different from a parenting plan (which details parenting rules).. Lawyers, mediators, Friend of the Court case managers, and custody technology can help you make a parenting schedule. A custody order is granted as part of a divorce case (if you are married) or a custody case (if you are not married or if you don’t want a divorce). A court in Michigan will only modify a child custody order if there is clear and convincing evidence that a meaningful change of circumstances has occurred and a modification of custody will serve the best interests of the child. Routten v. Routten This article explains how Michigan courts decide custody issues, including the factors a court will look at in awarding custody. Statutes. Custody and parenting time are important decisions that affect where your children live and how often they see each parent. Courts may recommend generous visitation or even shared custody regardless of whether the parent required to pay child support is actually up to date on those payments. JOINT CUSTODY:At the request of either parent, the court must consider ordering joint custody. Your parenting time schedule is a court order that details physical custody — when your children spend time with each parent. In Michigan, however, the law only requires the court to advise both parents of joint custody and requires the court to consider joint custody only if either or both parents request it. Most of the time, the bad acts of a non-custodial parent do not give a custodial parent a legal basis for denying the parent his or her visitation rights. Non-payment of child support is not often considered a reason to limit kids' time with their non-custodial parent. (Genetic Parentage Act); How Custody is Determined in Michigan. Modification of Child Custody in Michigan . As the custodial parent, it is understandable to be stressed when the non-custodial parent doesn’t pick up the children. The visitation order should reflect the reality it at all possible but the court commonly do not change an order if the non-custodial chooses not to exercise. Some custodial parents may seek to modify a visitation order based upon a non-custodial parent’s failure to exercise defined parenting time. A Final Word on Non-Custodial Parent Visitation Violations. Read this article to learn more about how custody and parenting time decisions are made. For example, even if the non-custodial parent has defaulted on child support payments, this is not a basis for the custodial parent to deny visitation. (Child Custody Act of 1970); Section 722.1461, et seq. Routten filed on June 5, 2020, the NC Supreme Court resolved this conflict and held that custody cases between parents do not implicate the parents’ constitutional right to exclusive care, custody and control of their children that the trial court must consider in cases between a parent and a non-parent. I argue that is wrong as BOTH parents have a right to plan and count on the parenting time schedule. Co-parenting can be tough, especially if your ex-spouse does not follow the visitation order. 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