What Are My (Visitation) Rights in Michigan?

Michigan's Powerful Parenting Time Statute

by William J. Reisdorf, JD

One of the best kept secrets in Michigan Family Law is MCLA 722.27a, Michigan’s Parenting Time Statute. Most parents don’t know that Michigan has one of the most powerfully worded parenting time statutes in the nation. It says for example that:

            A) parenting time shall be granted to a parent in a frequency, duration and type reasonably calculated to promote a strong relationship between the child and the parent.

            B) a child has a “RIGHT” TO PARENTING TIME unless it is shown by clear and convincing evidence that it would endanger the child.

One of the first things I ask a Friend of the Court case worker or referee is:  "DO YOU THINK A PARENT SEEING HIS CHILD (ONLY) EVERY OTHER WEEKEND IS GOING TO “PROMOTE A STRONG RELATIONSHIP WITH THE CHILD?"  I have never heard any one say “yes" to this question.

By the way, for the last ten years, non custodial parents are, happily, no longer considered “visitors.” The word “visitation” has been removed from the statutes and the better word is “parenting time.”

When you go to a Michigan Family Court on a Custody or Parenting time issue, your attorney needs to develop a strategy taken from the Michigan Parenting Time statute. It is a powerful weapon!

The statute also has other important provisions that, for example:

            A) allow a judge to divide the travel distance between the parties for pickups,

            B) mandate that if you don’t have a specific schedule, you'll get one if you ask.

FOR MORE INFORMATION ABOUT THE MICHIGAN PARENTING TIME LAW, contact attorney William J Reisdorf (248) 766-4484 or go to his website to get the answers you need! 

William J. Reisdorf

248-766-4484