Parenting Time - What factors need to be considered for a change in parenting time?

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Question

Could you please provide some examples of factors that may be used in obtaining more parenting time with a minor child who is 5 years of age in a joint physical joint legal situation.  Mother has majority of time with the child though.

Parenting plan has been in place since child was 8 months old comprising of alternating weekends from Friday 6 pm to Monday at 10:00 am and alternating Wednesday 6pm to Thursday at 10 am on the non weekend weekends. The alternating weekends, from Wed 3:30 - 7:00 pm. Holidays alternate for the entire weekend from Friday 6:00 pm to Monday at 10:00 am. Alternating Holidays and only 2 weeks of summer vacation for the father.  Since child began Kindergarten (the pm session 1:30 - 4:00 pm.) original judgment is that once child attends school the alternating weekend time is changed to Friday at 6pm to Sunday at 8 pm.  Giving only 6 overnights per month and 2 mid weeks...

Father wants more time with the child. Father had been working with the mother since the divorce ended in September 2004 to either make up time lost due to mother's holiday landing on father's time. She also schedules her vacations on dads' parenting weekends. Mother is not cooperating with the father. Child needs more time with the father and father wants the same. Following are factors although not sure if could be used:

Child is older and needs more time with father
Though it is in the judgment, father lost one overnight since child is in school now.
Father would like to have more time at least 10 overnights
Father wants to be involved with child's school work.
More weekend time to take him to Sunday School
Extracurricular activities - soccer, basketball etc...
Mother is not proficient with English - Supposedly she has a tutor who is her brother and her nephew who do not live with her.
Child does not like step dad .
Mother takes time away from father at every opportunity - Scheduling her summer vacation on dad's time creating a long span of time that child does not see his father.
Father's work is slow - No specific work schedule to follow for work. Only has to go if there is a client to serve. No weekends required and Mondays business is closed.
Child has always had problems going to his mother and wants to stay with his dad..
Are any of the above examples of change of circumstance or proper purpose?

Answer

The determination on whether there is a significant change in circumstances to warrant a change in the parenting time order would be made by the Court upon hearing your motion.  You can file a motion for change either through the use of an attorney or, if you wish, you may represent yourself.  If you wish to represent yourself, you may obtain forms and instructions to do so through your Friend of the court office.

When considering a change in parenting time, the court must consider the parenting time factors in the Child Custody Act of 1970.  Those factors are listed in MCL 722.27a(6).  You can find this statute at: http://www.legislature.mi.gov/(S(o0c1j5atxzbpdw45w5sbpka0))/mileg.aspx?page=getObject&objectName=mcl-722-27a

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Last Updated:  11-17-08

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to: pharter@calhouncountymi.gov