What Is Reasonable Parenting Time in Michigan?
By Triton Legal PLC | Mid-Michigan Family Law
Parenting time is one of the most searched and most misunderstood topics in Michigan family law. Parents going through a divorce or custody case hear the term constantly — but what it actually means in practice, and what a court will consider reasonable in a specific situation, is less clear than most people expect.
This post explains how Michigan defines parenting time, what the Friend of the Court recommends as a baseline, what factors courts use to determine what is reasonable in a given case, and what to do if the other parent is denying parenting time.
What Parenting Time Means in Michigan
Parenting time is the legally recognized right of a parent to spend time with their child. Under MCL 722.27a, every parent is presumed to have a right to parenting time with their child unless the court finds, after a hearing, that parenting time would endanger the child's physical, mental, or emotional health.
That presumption is significant. It means the starting point in every Michigan custody case is that both parents should have parenting time. The burden falls on whoever is seeking to limit or eliminate parenting time to show that it would cause harm — not merely inconvenience, discomfort, or conflict between the parents.
Parenting time is distinct from physical custody, though the two concepts are closely related. Physical custody refers to where the child primarily lives. Parenting time refers to the schedule under which each parent spends time with the child. A parent can have joint physical custody and still have a parenting time schedule that gives one parent more overnights than the other.
The Friend of the Court Parenting Time Schedules
Every Michigan county has a Friend of the Court office that publishes recommended parenting time schedules. These schedules serve as a baseline — a starting point that courts use when parents cannot agree and no specific circumstances justify a different arrangement.
The FOC schedules vary somewhat by county. Bay County, Midland County, Saginaw County, and the other counties in our service area each have their own published guidelines. Despite some variation in the details, the general framework is consistent across Mid-Michigan.
A typical FOC recommended schedule for a non-primary parent includes:
Every other weekend, from Friday evening to Sunday evening
One weeknight per week, typically for a few hours or overnight depending on the child's age and school schedule
Alternating major holidays — Thanksgiving, Christmas, Easter, Memorial Day, Labor Day, and others listed in the FOC schedule
Extended time during summer — often two to four weeks of consecutive or non-consecutive parenting time
Alternating spring break and other school breaks
This schedule is often called the "standard" parenting time schedule. It is a baseline, not a ceiling. Many parents have significantly more parenting time than the standard schedule through negotiation or court order.
What Courts Consider in Determining Reasonable Parenting Time
Michigan courts do not apply the FOC schedule mechanically. The statute requires courts to consider all relevant factors in determining a parenting time schedule that serves the child's best interests. MCL 722.27a(6) sets out the specific factors courts must consider.
The existence and nature of any special circumstances or needs of the child. A child with significant medical needs, a disability, or mental health challenges may require a parenting time schedule that accounts for those needs — including which parent is best positioned to manage them.
Whether the child is a nursing child. For very young children who are still nursing, courts may modify the standard schedule to accommodate feeding schedules and bonding with the primary caregiver, with the expectation that parenting time increases as the child grows.
The reasonable likelihood of abuse or neglect during parenting time. If there is credible evidence that a parent has abused or neglected the child, courts will modify parenting time accordingly — up to and including supervised parenting time or suspension of parenting time entirely.
The reasonable likelihood of abuse of a parent during parenting time. Domestic violence between the parents affects the parenting time analysis even when the violence was not directed at the child. Courts consider the safety of both the child and the parent during exchanges and during parenting time.
The inconvenience to, and burdens on, the child of traveling for parenting time. Long travel distances — particularly for young children — can affect the frequency and structure of parenting time. Courts balance the child's need for both parents against the practical burden of travel.
Whether a parent can reasonably be expected to exercise parenting time. A parent's work schedule, living situation, and history of actually exercising parenting time are all relevant. Courts are reluctant to order extensive parenting time for a parent who has not demonstrated consistent engagement.
The effect of parenting time on the child's education. School schedules, extracurricular activities, and academic needs all factor into the parenting time analysis. A schedule that regularly disrupts the child's school attendance or homework time is less likely to be approved.
The babysitting arrangements to be made for the child during parenting time. If a parent regularly relies on third parties for childcare during their parenting time, courts may consider whether those arrangements serve the child's interests and whether the other parent should have a right of first refusal for childcare.
Whether the parent was convicted of or pleaded guilty to criminal conduct. A criminal record — particularly for offenses involving violence, substance abuse, or offenses against children — can affect the parenting time a parent receives.
Any other factor considered by the court to be relevant. Courts retain broad discretion to consider circumstances specific to the child and family that are not covered by the enumerated factors.
Parenting Time for Infants and Young Children
Parenting time for very young children — particularly infants — is one of the most contested and fact-specific areas of Michigan custody law. The standard FOC schedule was designed with school-age children in mind, and it does not always translate well to infants and toddlers.
Michigan courts have increasingly recognized that frequent, shorter visits serve infants better than infrequent, longer ones — because young children's attachment and bonding needs are different from older children's. A schedule that gives a non-primary parent long blocks of time with an infant they have had limited contact with may not serve the child's developmental needs.
At the same time, Michigan courts are attentive to the risk that a restrictive infant parenting time schedule will calcify into a long-term arrangement that limits the non-primary parent's relationship with the child. Courts often build in provisions for parenting time to expand automatically as the child grows — without requiring a new motion or a new court order.
If you are negotiating parenting time for a very young child, the specific schedule you agree to at this stage matters more than most parents realize. What feels like a temporary accommodation can become the established pattern that shapes the relationship for years.
Supervised Parenting Time
When concerns about a parent's ability to safely care for a child are serious enough to warrant attention but not serious enough to eliminate parenting time entirely, courts may order supervised parenting time. Supervised parenting time requires a third party to be present during the parent's time with the child.
Supervisors can be a mutually agreed-upon family member or friend, a professional supervisor through a supervised visitation center, or in some cases the Friend of the Court. The choice of supervisor and the terms of supervision are specified in the court order.
Supervised parenting time is intended to be temporary in most cases — a step toward unsupervised parenting time as the parent demonstrates their ability to care for the child safely. Courts typically build in a review mechanism that allows supervision to be lifted when the circumstances that warranted it have changed.
If you have been ordered to have supervised parenting time, consistently showing up, engaging positively with the child, and complying with every term of the supervision order is the most important thing you can do to move toward unsupervised time.
What to Do When the Other Parent Denies Parenting Time
Parenting time denial is one of the most common complaints in post-divorce family law — and one of the most serious violations of a court order. If the other parent is denying your court-ordered parenting time, here is what to do.
Document everything. Keep a written record of every denied exchange — date, time, location, what happened, and any communications with the other parent about it. Text messages and emails are particularly useful because they are timestamped.
Do not retaliate. The most common mistake parents make when parenting time is denied is retaliating — withholding child support, denying the other parent's parenting time in return, or making unilateral decisions about the child. Retaliation creates a second set of violations and weakens your position in any subsequent court proceeding.
File a motion for contempt. Denying court-ordered parenting time is contempt of court. A motion for contempt asks the court to enforce the order and sanction the offending parent. Remedies can include make-up parenting time, attorney fee awards, fines, and in serious or repeated cases modification of the custody arrangement.
Request a parenting time modification if the denial is ongoing. If the other parent is systematically denying parenting time and the pattern has been going on for some time, the denial itself may constitute a change in circumstances sufficient to support a modification of the custody order — potentially including a change in primary custody.
Act promptly. Courts are more responsive to parenting time enforcement requests when the parent acts quickly rather than allowing violations to accumulate over months before seeking relief. The longer a denial continues without legal response, the harder it can become to remedy.
Modifying Parenting Time
Parenting time orders are not permanent. Under MCL 722.27, either parent can seek a modification if there has been a change in circumstances sufficient to warrant review. For parenting time modifications that do not affect the established custodial environment, the standard is the best interests of the child — a lower bar than the clear and convincing evidence standard that applies to changes in the established custodial environment.
Common reasons parents seek parenting time modifications include:
A significant change in either parent's work schedule
A change in the child's school schedule or extracurricular activities
A parent's relocation within or outside the service area
A change in the child's needs — medical, educational, or developmental
The child reaching an age where a different schedule better serves their interests
A pattern of parenting time denial by the other parent
As discussed in our post on child support calculation, parenting time also has a direct financial dimension. The number of overnights each parent has affects the child support calculation through the parenting time offset — more overnights means a lower support obligation for the paying parent. A parenting time modification that significantly changes the overnight count can also trigger a child support modification.
We Represent Parents in Parenting Time Disputes Across Mid-Michigan
Whether you are establishing parenting time for the first time, enforcing an existing order, or seeking a modification, the specific schedule you end up with matters — for your relationship with your child and, through the parenting time offset, for your financial obligations as well.
At Triton Legal PLC, we represent parents in parenting time matters across Bay, Midland, Saginaw, Tuscola, Arenac, Iosco, Gladwin, Clare, and Ogemaw Counties. We know how courts in this region approach parenting time disputes and how to advocate effectively for a schedule that serves your child's best interests and protects your rights as a parent.
Call us at (989) 439-9600 or contact us online to schedule a confidential consultation.
This blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Triton Legal PLC. Every case is different. If you have questions about your specific situation, please contact a licensed Michigan attorney. Attorney advertising.