In a divorce case involving a minor child, the issue of custody and visitation is a central matter that requires resolution between the parties. Custody arrangements are ordered based on the court’s analysis of specific circumstances unique to each case concerning the best interests of a minor child.

What is better known as “visitation” rights in many jurisdictions, a parent who was not awarded custody of their child has rights to what is called “parenting time” under Michigan law.

When determining issues of parenting time, a court must consider the following factors listed under Michigan Compiled Laws § 722.27a(7):

  • The existence of any special circumstances or needs of the child.
  • Whether the child is a nursing child less than six (6) months of age, or less than one (1) year of age if the child receives substantial nutrition through nursing.
  • The reasonable likelihood of abuse or neglect of the child during parenting time.
  • The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.
  • The inconvenience to, and burdensome impact or effect on, the child traveling for purposes of parenting time.
  • Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.
  • Whether the parent has frequently failed to exercise reasonable parenting time.
  • The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent’s temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent’s intent to retain or conceal the child from the other parent.
  • Any other relevant factors.

Modifying Parenting Time

After the court renders its final judgment regarding the parties’ divorce, a party can request to alter the terms of an order—such as one for child custody, alimony, or child support—in a modification. Under Michigan law, modifying an established court order after the court issues its final judgment for divorce requires proof that “proper cause” or a “change of circumstances” occurred, justifying the court in altering the change parenting time of its order.

A party seeking to modify a parenting time arrangement must prove that either of those standards applies before the court can reevaluate the child’s best interests.

For example, a party seeking to modify their parenting time arrangement may want to alter or remove certain conditions, such as drug testing, supervised visits, or counseling. In such cases, courts have applied a more flexible standard for modifying or terminating a condition that no longer serves the best interests of the child.

Additionally, changes in the child’s needs or circumstances often prompt requests to modify parenting time. These changes might include the child starting school, changing schools, involvement in extracurricular activities, or changes in the parents’ work schedules. The court will consider whether the requested change will positively impact the child’s welfare and overall well-being.

It is important to note that the party requesting the modification must file a motion with the court clerk’s office, providing detailed reasons and evidence supporting the need for the change. The other parent will have an opportunity to respond to the motion, and a hearing may be scheduled where both parties can present their case.

The Friend of the Court often plays a role in investigating and making recommendations regarding proposed modifications to parenting time. Their involvement helps the judge decide whether the requested change aligns with the child’s best interests and welfare.

Parents are encouraged to try to agree on modifications outside of court when possible, as this can reduce conflict and avoid lengthy legal proceedings. However, if an agreement cannot be reached, the court process ensures that the child’s needs and best interests remain the primary focus.

When considering modifications, the court evaluates various best interest factors, including the child’s relationship with each parent, the stability of the home environment, the child’s educational and medical care needs, and any special considerations such as the child’s religious upbringing.

Ultimately, the goal of modifying parenting time is to adjust the parenting time schedule to better suit the child’s current circumstances and promote their well-being, while ensuring that both parents maintain a meaningful relationship with the child whenever possible.

Proper Cause and Change of Circumstances to Change Parenting Time

The standard for modifying a parenting time order involves proof by a preponderance of the evidence that either a proper cause or change of circumstances occurred since the time the court rendered its final judgment.

The terms “proper cause” or “change of circumstances” does not have a statutory definition. However, courts have held that the standard may include “normal life changes that occurred with the minor” in some instances.

To illustrate this point, consider a parenting time order that was issued when a child was in elementary school. When the child reaches high school, the parenting time order may be modified to accommodate the child’s extracurricular and social activities as a high school student.

Although the “change of circumstances” involved does not exceed the ordinary changes any child would be expected to encounter, courts have held that this may be sufficient to support a change parenting time to the current custody arrangement.

The American Divorce Association for Men (ADAM) Can Help

If you are a husband or father seeking a professional opinion and voice to support your interests in a legal matter involving Michigan family law, you should contact the American Divorce Association for Men (ADAM) for legal advice. The ADAM legal team is here to listen to your side of the story and zealously advocate for your rights and the interests of your children.

Please call ADAM at or contact us online for a free phone consultation about your legal options today.