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What was once referred to as visitation is now called parenting time. Michigan law starts with the presumption that it is in the child’s best interest to have a strong relationship with both parents. Children have a right to have parenting time with a parent unless it is shown by clear and convincing evidence the parenting time would be harmful to the child; either physically, mentally or emotionally. Further, parents have a right to have a specific parenting time schedule that includes regular dates and times.
Parenting time can be established in a custody action, a divorce action and even in a child support case. Parents can agree on a parenting time schedule which the court will enforce or, in the alternative, the court can dictate a parenting time schedule that it believes is in the child’s best interest. Parenting time can be modified by a motion of either parent if there is proper cause or a change in circumstances.