Michigan statutes recognize that when parents separate or divorce, - TopicsExpress

Michigan statutes recognize that when parents separate or divorce, their child(ren)’s best interests are served by continuation of the parent/child relationship. So strong is this recognition that the law establishes a presumption that it is in the best interests of a child(ren) to have strong relationships with both parents. Therefore, parenting time should be of a frequency, duration and type reasonably calculated to promote a strong relationship between the child(ren) and the parent. The child(ren) has a right to parenting time unless the court determines on the record by clear and convincing evidence that parenting time would endanger the child(ren)’s physical, mental or emotional health (MCL 722.27a). Section 7(1)(b) of the Child Custody Act states: “Parenting time of the child by the parent is governed by Section 7a.” Section 7a(1) begins with the statement, “Parenting time shall be granted in accordance with the best interests of the child.” Case law has established that Section 3, which provides the statutory definition of “best interests of the child”, is applicable to parenting time issues. Studies demonstrate the adverse consequences that can follow when the child(ren) does not have a relationship with both parents. Other studies demonstrate that there is a relationship between the participation of a parent in the lives of his or her child(ren) and the willingness of that parent to provide support to the child(ren), including direct support in addition to that which is court ordered. The goal of any parenting time plan should be to ensure that a child(ren) has a relationship with both parents that, as nearly as possible, encourages continued parental responsibility and promotes continued parental access. Excerpt from page 3 of the Michigan Parenting Time Guideline available at courts.mi.gov/Administration/SCAO/Resources/Documents/Publications/Manuals/focb/pt_gdlns.pdf