ABC's of Parenting Time

Often times in the stressful and complicated world of custody disputes, parties forget about or minimize the importance of parenting time. Not only does parenting time dictate how often you will see your children, it also has real world consequences regarding the school they attend, your child support obligation or benefit, and even that bigger picture of custody. When trying to negotiate a parenting time schedule keep the following in mind:

1. Parenting time directly affects your child support obligation or benefit.
        On October 1, 2008, the Michigan State Legislature will implement the new Michigan Child Support Formula¹. This new formula will be applied to all new divorce and paternity cases, as well as any new cases requesting a modification of child support. In most counties the Friend of the Court will automatically review child support every three (3) years. Besides the automatic review, any party can request a review of child support at any time given a change in circumstances that warrants such a review. Parenting time is considered during such a review, and more importantly plays a very important role in the new Michigan Child Support Formula.
        First and foremost, the shared economic equation of the past has been removed. No longer will you be allowed to utilize the shared economic responsibility formula if you have your children for 128 overnights or more per year. Now, a parental time offset will be applied to all cases and no parenting time abatements shall apply. This means each parent will have to calculate how many overnights per year they will have with the child, or expect to have, and it will be calculated into the formula to determine how much support is appropriate. Therefore, how much parenting time you have with your children will be a factor that is directly imputed into your child support calculations. Obviously, the more time you have with your children, the less support you will be obligated to pay if you are the payer, and the more support you will be entitled to if you are the payee.
2. Parenting time directly affects your ultimate custody language, if not yet determined.
        Often times in the very first stages of the divorce process, parties agree on a temporary parenting time schedule to govern while custody is being evaluated and determined. Given the amount of time that some custody disputes can take to resolve, a temporary order can be in effect for a long time. This order establishes a precedence on your parenting time schedule and ultimately in custody arrangements. If you agree to a parenting time schedule that grants equal parenting time to each party, you are setting a precedent for joint physical custody. In the alternative, if you agree to a parenting time schedule in which one party has the children for the majority of the time, you are setting a precedent for that party to have sole physical custody. Specifically, when a Judge is considering what custody arrangement to order, they look at numerous factors. Included within those factors, is the custodial environment. Custodial environment, is the environment (i.e. home) in which the children primarily reside, look to for the majority of their love, support, affection, community and familial ties. Obviously, how much time the child spends in any given home is the cornerstone to custodial environment. If you agree to equal parenting time immediately, the custodial environment becomes equally split, making it hard to argue the need for one party to have sole physical custody.
3. You are entitled to a specific and direct parenting time schedule.
        Many parties, especially in amicable proceedings, agree that parenting time shall be scheduled as mutually agreed upon by both parties. They do not include a specific parenting time schedule within the court order. This typically works for a short period of time. However, as time goes by after divorce or paternity proceedings, everyone’s circumstances change. Parties may remarry, have additional children, relocate, and/or change employment affecting their work schedules. All of these things can later dictate what type of parenting time schedule is workable for any given party. What most people are not aware of, is that everyone is entitled to a specific parenting time schedule, should they ask. This is true, even if you simply want a specific schedule contained within an order to reflect what is being done by the parties. If the court does not have a specific parenting time schedule they have nothing to enforce. Specifically, if one party denies another parenting time, they can only be held responsible if there is a schedule in effect. If a schedule is in effect, the court has the power to order make up parenting time and to find parties in contempt of court for denying the other party time. This is why a specific schedule should always be placed within any order, temporary or final.

Parenting time has important and lasting ramifications to your divorce or paternity case. It should not be ignored or taken lightly. Agreeing to any parenting time schedule can affect your custody case, child support, and enforcement capabilities. Any person going through a divorce or paternity matter should discuss these ramifications including the above topics at length with their attorney.