Parenting Time

During and following a divorce, it is the goal in the State of Michigan that parents maintain a strong relationships with their child(ren). In order to accomplish this goal, courts will attempt to promote such a relationship by determining the length, frequency and type of parenting time that is in the child(ren)'s best interests.

In doing so, the court considers several factors:

1. Special circumstances or needs of the child.
2. Whether the child is a nursing child less than 6 months of age, or less
than 1 year of age if the child receives substantial nutrition through
nursing.
3. The reasonable likelihood of abuse or neglect of the child during
parenting time.
4. The reasonable likelihood of abuse of a parent resulting from the exercise
of parenting time.
5. The inconvenience to, and burdensome impact or effect on, the child of
traveling to and from the parenting time.
6. Whether a parent can reasonably be expected to exercise parenting time
in accordance with the court order.
7. Whether the parent has frequently failed to exercise reasonable parenting
time.
8. 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.
9. Any other relevant factors.

Parenting time orders can be as general or specific as the parents wish. However, parenting time orders are required to be granted in specific terms if requested by a party and may contain any reasonable terms or conditions, including but not limited to:

1. Dividing the responsibility to transport the child(ren).
2. Dividing the cost of transporting the child(ren).
3. Restricting third persons from being present during parenting time.
4. Specific times for pick up and return of the child(ren)
5. Requiring a specific person or agency be present during parenting time.
6. Requiring a party post a bond to assure compliance with a parenting time order.
7. Requiring reasonable notice of cancellation of parenting time.
8. Any other reasonable condition a court determines to be appropriate.

Remember, at all times the goal of any parenting time plan is to promote a strong relationship with both parents and their child(ren) and also to encourage continued parental responsiblity and access to the child(ren).

Annulments In Michigan

I get alot of questions about whether annulments (a judicial determination that a valid marrigage never occurred) are possible in the State of Michigan. The answer is yes but only under very limited circumstances.

Per MCL 552.1 Marriages will always be determined to be void under the following circumstances:

Bigamy
Marrigage between blood relatives
Incompetence of a party when entering into the marital contract
A person is under the age of 16 and did not have parental consent

Annulments may also occur if a marriage is obtained by force or fraud. Some examples would be where a wife fraudulently claims a man is the father of her child to trick him into marrying her, concealing the fact that one is a homosexual, failing to disclose the inability to conceive a child or concealing the fact at the time of the marriage that there is no intention to have sex with the spouse during the marriage.
Go here for the statute dealing with annulment under fraud and duress.

Please note that once a party to the marriage learns of any of these things, they must cease living together if they wish to obtain an annulment.