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Legal Information: Michigan

Custody

Updated: 
March 27, 2024

How will a judge make a decision about parenting time?

To decide whether or not to order parenting time and what sort of schedule would be best, the judge has to look for what’s in the best interest of the child. You can read the factors the judge will consider in How will a judge make a decision about custody? (“Best interest of the child” standard).

To establish how often (frequency), the length (duration), and they type of parenting time, the judge may consider:

  • any special circumstances or needs of your child;
  • if your child is less than six months of age and nursing or less than one year of age and receiving a considerable amount of his/her nutrition from nursing;
  • if there is a reasonable possibility of your child being abused or neglected during parenting time;
  • if there is a reasonable possibility that you will be abused during parenting time;
  • how inconvenient or burdensome it would be to make your child travel for parenting time;
  • how reasonable it is that either parent will be able to use (exercise) his/her parenting time based on the court order;
  • if either parent has frequently failed to use or provide (exercise) reasonable parenting time;
  • if either parent has threatened or has actually taken the child with the intent of keeping him/her from the other parent or from someone else who has legal custody except if this was a temporary residence in a domestic violence shelter; or
  • any other relevant factors.1

1 MCL § 722.27a(7)