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If you are divorced or separated and have children in Michigan, then you are probably familiar with the term "parenting time".  Parenting time is the schedule that governs with which parent the children will be staying on which days, nights, weekends and holidays.  Once parenting time is established, it can be relatively difficult to change without the agreement of the other parent.  Some minor adjustments or necessary restrictions on parenting time are a little easier to accomplish but actually changing the parenting time can be difficult for a variety of reasons. Nevertheless, in most cases where the parents agree to a temporary change in parenting time, the court will grant that change.  However problems can arise when the parent that temporarily relinquished some parenting time subsequently wants to revert to the previous parenting time order but the other parent does not want to give up that additional time they received under that order.

This blog is written to broadly address the issue of how a parent can temporarily relinquish their parenting time to the other parent, due to some immediate issue such as physical health, mental health, housing or substance abuse, so that once that parent is back on their feet and the storms have passed, they can get back their parenting time without having to fight for every minute they want back with the child.  If you have questions about your own situation, please do not hesitate to schedule a consultation by clicking on this link or calling (248) 608-4123. 

How Can I Protect My Parenting Time if I Need to Temporarily Have the Other Parent Take the Child for More Time?

You should be very careful if you are agreeing to grant more parenting time to the other parent or otherwise limiting your parenting time for what you intend to only be a limited period of time or otherwise as a temporary thing.  If you do not properly word the orders that are entered with the court, you may find yourself in a very bad position and having to fight very hard to get back every minute of parenting time. 

You should first have in-depth, in-person discussions with the other parent about what is going on, why you are seeking the modification and for how long or until what circumstances change this modification will remain in place before reverting back to the current parenting time.  When you do come to an agreement regarding a temporary change, you should be very thorough about explaining in the order that is entered with the court that it is intended to be a temporary order that does not alter the current established custodial environment.  Then you should specify in the order the intended length of time or other qualifications, milestones or requirements that must occur in order to revert back to the previous parenting time order.  The more definitive you can be about the circumstances required to terminate the new temporary parenting time order and revert to the previous order, the better.  This leaves the other side less wiggle room to try and change their mind if they decide they would prefer to just keep the child for more time under the temporary order.

At any rate, this is a very complicated area of family law that can be swamped with pitfalls and quicksand for the unwary.  It is very important that you consult with a knowledgeable family law attorney about modifying your parenting time, even on a temporary basis and even if you believe that a temporary change would be in the child's best interests.  if you have questions about your own situation, please contact us by clicking this link or calling (248) 608-4123.