What is needed to increase parenting and what thresholds must i pass to do so?
When the mother is in a good mood i can usually have him on non regular days but when she is not she then refuses. I am very involved with him, sports, school etc. We have a great relationship. The mother often interfers with out relationship, not letting me speak on the phone with him, multiple parenting time violations, keeping important information from me. Just making it very difficult to be involved at times when she is angry. Its very inconsistent for our son. I was looking to increase time so i don't have to rely on her moods to spend more time with our son? Do i have chance for a increase of parenting time?
5 attorney answers
Although your question does not state what county the custody/parenting time case in I would warn you that in my opinion that in Kent County it can be somewhat hard to change parenting time. Even so I would advise you to....document...document...document.... and take all the extra parenting time you can get. I would save all email messages and text messages which prove the fact that you received extra parenting time . Also, you have not disclosed when the last order (pertaining to custody/parenting time ) was entered. If it was only recently entered I would advise you to consider waiting before filing for a change of parenting time because if there has not been a significant amount of time that has went by the court will likely be reluctant to modify parenting and you will have to wait before making the request again.
The information contained in this answer is intended to convey general information. Nothing contained in this answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.
Start with creating a calendar so that you can show the court that you are very involved, that you exercised extra parenting time. If you are good enough to exercise additional time some weeks, then you are logically good enough to get a court order for additional time. When did you last ask for additional parenting time? How old is your son? Those are factors that the judge will take into consideration. Filing a motion is not something that you can try several times. If you do this on your own and you lose, you cannot try again with an attorney. Therefore, do this once and do it well with the help of an attorney.
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Hi, There is a much lower threshold to change parenting time/visitation than there is for changing custody. I urge you to talk to an attorney at once to explore all of your options. The parenting time schedule is based upon the best interests of your son. His age is one of the factors. The fact that you are spending a lot of time with him is also important. Talk to an attorney for specific advice. Good luck to you.
There is a statute that sets forth the criteria the court uses to set parenting time. Have your attorney print it out for you so the two of you can analyze your case together.
It sounds like you have a good chance. You will have to file for a modification of the order granting you parenting time. If she is not acting in accord with the existing order, you can alternatively file a motion to have the judge enforce the order.
George L. Howell is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Howell strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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