Category: Emmer law

How To Avoid Parenting Time Disputes Over The Summer

Ah, yes, one of our favorite times of the year…summer. It epitomizes America, from the 4th of July to Labor Day weekend, and is usually filled with barbeques, swimming, and fireworks. But, for those who co-parent as well as family lawyers and courts from sea to shining sea, summer weekends often turn into parenting time confrontations and disputes between many.

Holidays and special weekends can be tricky and difficult for divorcing and separated parents, as there may be no established rules (or ambiguous ones) for parenting time. During holidays, it is common for co-parents without specific and precise parenting time plans and schedules to get into hot water. For parents in these situations, here are a few tips to help:

Plan and Have Open Communication – The old adage “if you plan for the worst, you can expect the best” holds true. If you discuss and lay out plans in advance, chances are better that you will be able have success in meeting them.

Be Flexible – It also pays for couples to be flexible in giving parents time with children. Long summer days allow for both parents to have a great deal of time with kids, whether it is on Sunday (the Fourth of July) or sometime during the weekend. Also, at the end of the day, family courts expect parents to put their children’s interests first and holiday scheduling is no exception.

Control your emotions – Avoid the temptation to seek retribution when you feel you were wronged or short-changed with parenting time in the past. Playing tit for tat with parenting time is treacherous as it shows that a parent is willing to use their children as pawns in a never-ending twisted game of parental chess. You should never feel you are being taken advantage of or missing time with your child – but be mindful of balancing these feelings with your overall time with your children as well as their best interests and quality of life.

Should you have questions about divorce, custody or parenting time (with respect to a special summer weekend or any other holidays and schedules), please reach out to us or another family law attorney to ensure you are doing what is best for both you and your children this summer season.

Grandparenting Time And Rights In Michigan

The relationship between children and grandparents is cherished and treasured in most, if not all, families. That said, the rights of grandparents to have time with their grandchildren are not as clear cut or inalienable as one might hope or expect.

In certain situations, Michigan family courts will allow grandparents to seek a court order for grandparenting time. There must not be a parental objection and these situations typically arise when there are issues of the parents’ ability to love, support and care for their children. Otherwise, these situations can come up in the event of a divorce, death of a parent/child or quite simply in acrimonious familial dynamics.

Pursuant MCL 722.27b, a grandparent may seek grandparenting time if:

(a) an action for divorce, separate maintenance, or annulment involving the child’s parents is pending before the court;

(b) the child’s parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled;

(c) the child’s parent who is a child of the grandparents is deceased;

(d) the child’s parents have never been married, they are not residing in the same household, and paternity has been established;

(e) legal custody of the child has been given to a person other than the child’s parent or the child is placed outside of and does not reside in the home of a parent; or

(f) in the year preceding the commencement of the action for grandparenting time, the grandparent provided an established custodial environment for the child, whether or not the grandparent had custody under a court order. MCL 722.27b(1).”

There is one important thing to remember if none of the above applies and you are in a situation where you simply cannot or do not agree with your children/the child’s parent(s) and this is a hard truth – the best interest of the child standard is the end all, be all in Michigan family courts. Despite what you may think or genuinely feel, Michigan courts do hold a presumption that a fit parents’ decision to deny grandparenting time DOES NOT create a substantial risk of harm to the child’s physical, emotional or mental health. To overcome this, you would need to demonstrate to the court by a preponderance of the evidence (more likely than it is not) that your grandchildren will suffer physical, emotional or mental harm without time with you. This, unfortunately, is not an easy burden to overcome.

If you have any questions about grandparenting time, rights or any other family related matters or disputes, please do not hesitate to reach out to us today.