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In Michigan, you will need to open your case in the family division of your county court. In some counties, this is referred to as the domestic relations division, or family court. The judges in these divisions of the court have experience dealing with divorce, child custody, and other Michigan family law issues.
For the judge to grant a change in parenting time, you will need to show there is proper cause or a change in circumstances. If you're asking only to change, add, or remove a parenting time condition, this means showing that the current order is no longer in your child's best interests.
Some people mistakenly believe that when a child reaches a certain age in Michigan that child may choose what parenting time they should have with each parent. That is not true. In Michigan the child must be an adult, age 18, before he/she can decide with whom they will live.
Risk to safety: An unsafe or unstable home environment may be one that is dangerous to the child. This may include being exposed to dangerous people such as new partners with serious criminal convictions or living in a very messy and dirty house which could cause illness or neglect.
The maturity of each child, in addition to the bond between the child and each parent, are just as important as age. Our attorneys have seen 7 year olds handle a week on / week off schedule better than some 11 year old kids. With that being said, one blanket approach won't be beneficial for all.
Parenting time and court-ordered visitation is a grave legal issue in Michigan. This legislation legally forbids the custodial parent from denying their ex-spouse access to their children without a strict and valid reason.
When Can a Child Refuse Visitation in Michigan? Until children turn 18 or become legally emancipated, they don't have the right to refuse visitation that's required under a court's custody order.
Under Michigan custody laws, a child cannot legally decide where they want to live until majority age (18). Very young children usually cannot reasonably express their wishes. There is also the danger that one parent might ?coach? a young and impressionable child to achieve their desired outcome.