Custody and Parenting Time

Michigan's State Friend of the Court Website

Friend of the Court Parenting Time Guidelines

The Introduction of this manual explains its purpose as follows: “The Parenting Time Guideline contains information addressing many of the challenges associated with establishing and maintaining parenting time schedules. Fathers' and mothers' rights and obligations with respect to parenting time are explained.

The Parenting Time Guideline provides suggestions and recommendations to address issues relevant to the three most common parenting time arrangements: parenting time, supervised parenting time, and joint custody. The Parenting Time Guideline is intended for use by friend of the court staff and custodial and non-custodial parents. Although the Parenting Time Guideline provides information on numerous subjects, the reader is reminded that the information presented is not an exhaustive listing of the myriad of subjects and issues relevant to parenting time.”  

Click here to access the Friend of the Court Parenting Time Guidelines.

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Friend of the Court Manual on Custody Guidelines

This 18-page booklet was developed for the use of families facing decisions about custody and parenting time. In the Introduction, its purpose is explained:

Introduction

The Custody Guideline contains information addressing many of the issues associated with establishing custody during a divorce proceeding and modifying custody after the Judgment of Divorce is entered. It also provides information relevant to the most common custody arrangements. Fathers' and mothers' rights and obligations with respect to custody are explained. Although the Custody Guideline provides information on numerous subjects, the reader is reminded that  the information presented is not a listing of all the subjects and issues relevant to custody.

Child custody is a term that refers to rights and responsibilities for each parent and child. Custody is not a term used to indicate ownership, but rather a determination of the time a child is going to be with each parent and each parent’s responsibility to make decisions on behalf of the child. Custody can be modified to accommodate significant changes in the lives of the children or the parents involved. Because it is very difficult to establish a significant change in circumstances or good cause in order to modify a prior custody order, the first custody and parenting time order issued in a case can be very important in defining each parent's right to participate in the lives of his or her children.

The judge attempts to structure custody to promote a strong relationship between children and their parents. The only time this is not true is when the judge determines that custody with a particular individual would endanger the child’s physical, mental, or emotional health.

In custody matters judges are asked to decide who will make decisions for a child and when a child is going to be with each parent. If parents in custody cases have not reached an agreement, the judge is asked to determine when a child is going to be with each parent. However, parents in custody cases who decide to work together can decide the custody agreement with the help of their attorneys, the help of the friend of the court office, and/or the process of mediation. Parents can, on their own, also work through the court system to obtain or modify custody by filing the proper paperwork.

There are several custody arrangements that can be agreed upon by parents or ordered by the judge. However, in custody disputes parents must be advised of joint custody. At the request of a parent the judge must consider awarding joint custody and must state during a hearing the reasons for granting or denying the request. The judge must decide if joint custody is in the best interests of the child. The judge could award joint custody and equally divide the time the child spends with each parent. However, the judge could also award joint custody and not equally divide the time the child spends with each parent.  For example, the judge could award joint custody, with one parent having physical custody during the school year and the other parent having physical custody during the summer vacation period.”      

See Page 3 of the booklet for the factors that the FOC and the Court must consider in establishing custody. You can download the manual and store it on your hard drive or you can print it by clicking on the appropriate icon on the left hand side of the toolbar.          

Click here to read the entire booklet:   Friend of the Court Manual on Custody Guidelines 

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Custody and Parenting Time Investigation Manual

The State Court Administrator's Office has made available a manual used by the Friend of the Court in its role as an advisor to the Court with respect to child custody and parenting time decisions made during a divorce proceeding. The FOC caseworker uses this manual when he or she investigates and makes recommendations to the Court about what the custody and parenting time decisions should be in each individual case. It is helpful for parents to know how the FOC caseworker thinks and works, and the factors that are considered in decision-making. The manual can be accessed here:   Custody and Parenting Time Investigation Manual.

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Michigan Child Support Formula Manual

This manual explains how the child's right to support is determined and also explains fathers' and mothers' obligations with respect to support of their child. On December 24, 2003, the Supreme Court determined that the substantive changes related to (1) determining medical support and health care coverage options, (2) setting child support before determining spousal support, and (3) deviation were to be included in the next Michigan Child Support Formula Manual. The State Court Administrative Office has published a manual which became effective on October 1, 2004. See the Supreme Court's Order >>.

·  2004 Michigan Child Support Formula Manual   (254k PDF File) Became effective 10/01/04.

·  2004 Michigan Child Support Formula Schedules   (276k PDF File) Became effective 10/01/04.

Visit Craig Ross’ Marginsoft web site for more information on Support 2005, one of the best software tools for evaluating spousal maintenance/alimony claims, and one of the easiest ways for calculating child support based upon Michigan’s guidelines.

Washtenaw County Family Court Benchbook

The Washtenaw County Family Court has published a copy of its Benchbook on the Internet. This valuable resource is used by the Family Court referees and judges in making important decisions about the divorce cases before the Court. It is, thus, a valuable resource for parents so that they can understand what guidelines, laws and standards the Referee or Judge will use when making decisions about your case. Of course, the Washtenaw Family Court is applying Michigan law when making its decisions. This benchbook will explain the laws and the court process to be followed in your case. An index to the benchbook is found at this link:   Click here: Family Benchbook-Table of Contents. 

You will be able to read all about the following topics in the Benchbook. Many of these will apply to your case: Attorney Fees, Best Interests of Minor Child, Consent Judgments of Divorce - Requirements, Discovery, Emergencies, Mediation - Failure to Attend Mandatory Sessions, Minor Children - Change of Domicile from State of Michigan, Minor Children - Consent Order Appointing Parenting Facilitator, Minor Children - Custody, Motion Practice, Order Entry, Personal Protection Orders, Property Division, Referee Hearings, Spouse - Removal from Marital Dwelling, Spouse - Support, Verified Personal Statement.

Child Protective Proceedings Benchbook (Revised Edition 2006)

This book is available in PDF format for viewing on the internet or for downloading at the Michigan Supreme Court's website.  The Child Protective Proceedings Benchbook: A Guide to Abuse & Neglect Cases, revised in 2006, is an update of the Michigan Judicial Institute's 1999 publication. The benchbook contains discussion of recent developments in this area, including the federal Adoption & Safe Families Act, new Subchapter 3.900 of the Michigan Court Rules, and case law. Included in appendixes are the Absent Parent Protocol, an excerpt from the Lawyer Guardian ad Litem Protocol, and information on complying with the Indian Child Welfare Act.

An invaluable tool for lawyers handling child neglect cases, the benchbook contains information on the following topics:

• Investigation requirements
• Jurisdictional requirements
• Placement of children (including funding sources)
• Common evidentiary issues in child protective proceedings
• Pleas and trials
• Dispositional and permanency planning hearings
• Termination of parental rights

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This book in available in PDF format for viewing, printing and/or downloading at the Michigan Supreme Court's website. It is a complete reference tool, and contains detailed discussions of the following types of proceedings involving juveniles:

• Delinquency proceedings
• Minor PPO proceedings
• "Designated" proceedings
• "Automatic" waiver proceedings
• "Traditional" waiver proceedings

In addition to the law and procedure applicable to these proceedings, this benchbook contains discussion of the costs of juvenile proceedings, appeals, and recordkeeping requirements.

An excellent article explaining how and why the court can obtain jurisdiction over a child because of the neglect or abuse of only one parent is "But I Didn't Do Anything Wrong: Revisiting the Rights of Non-Offending Parents in Child Protection Proceedings" by Vivek Sankaran, a visiting assistant clinical professor at the University of Michigan Law School. This was published in the Michigan Bar Journal in March 2006. 

Michigan Guardian ad Litem Handbook

Adoption Proceedings Benchbook

The Adoption Proceedings Benchbook is a complete reference tool. It contains detailed discussions of the law and procedure involved in adoption proceedings. The benchbook contains numerous checklists and forms.

There are several reference materials used by judges, prosecuting attorneys, advocates, attorneys and -- perhaps you and your spouse -- that relate to domestic violence. These are available on the Internet as PDF files that you can read, print and/or download and save to your hard drive.

Michigan Domestic Violence Benchbook

This invaluable reference explains all the laws, procedures, and standards. The benchbook contains approximately 678 pages and the 3rd edition was copyrighted in 2004. It is available in PDF format for viewing or downloading. The Index may be accessed at this link. Click here: Domestic Violence Benchbook.   The Benchbook deals with the following topics: Chap. 1: Understanding Domestic Abuse; Chap. 2: Community Domestic Violence Resources; Chap. 3: Common "Domestic Violence Crimes"; Chap 4: Promoting Safety in Criminal Proceedings; Chap. 5: Evidence in Domestic Violence Cases; Chap. 6: Issuing Personal Protection Orders - Statutory Overview; Chap. 7: Practical Considerations for Issuing Personal Protection Orders; Chap. 8: Enforcing Personal Protection Orders; Chap. 9: Statutory Firearms Restrictions in Domestic Violence Cases; Chap. 10: Case Management for Safety in Domestic Relations Cases; Chap. 11: Support; Chap. 12: Domestic Violence and Access to Children; Chap. 13: Custody Proceedings Involving Multiple Jurisdictions; Appendix A: Domestic Violence Agencies; Appendix B: Partial List of Culturally Specific Resources for Survivors of Domestic Violence and Sexual Assault; Appendix C: Batterer Intervention Standards for the State of Michigan; Appendix D: Domestic Violence and Child Abuse/Neglect Screening for Domestic Relations Mediation

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AMERICAN BAR ASSOCIATION RESOURCES

Handbook: A handbook to assist lawyers identifying and helping clients who are domestic violence victims

Tips for devising a Safety Plan: Domestic violence victims are most at risk for serious injury or death when they try to leave the abuser. The ABA has an excellent resource to help lawyers help clients figure out safety plans for exit.

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Michigan Coalition Against Domestic and Sexual Assault

Michigan Domestic Violence and Sexual Assault Organizations
Comprehensive Service Providers Referral List

Personal Protection Orders

  Issuing PPOs: A Statutory Overview

  Issuing PPOs: Practical Considerations for Issuing PPOs

  Issuing PPOs: Enforcing PPOS

Domestic Violence Resources and Shelters in Michigan

There are many resources in Michigan whose goal is to create violence-free homes and communities by eliminating domestic violence, sexual assault and child abuse through treatment and prevention services. They provide counseling, advocacy, shelter, treatment and prevention services. All services are confidential.

Oakland County:             HAVEN (Help Against Violent Encounters Now) and Oakland County Coordinating Council Against Domestic Violence

Lansing and East Lansing:  MSU Safe Place 

Grayling:                            River House Shelter    

Crawford, Ogemaw, Oscoda, and Roscommon Counties:   Turning Point

Grand Traverse County, and surrounding counties: The Women's Resource Center

Complete Listing of Shelters in Michigan

A complete list of shelters in Michigan published by the Angels in Blue - Law Enforcement Group: AIB: Domestic Violence - State Resources - Michigan

Miscellaneous Links

  Domestic Violence Handbook: The Domestic Violence Handbook, published by the Oakland County Coordinating Council Against Domestic Violence, reaffirms its mission statement that "domestic violence should never happen to anyone," but when it does, there are people and resources that can be of help.

Publications from the National Center of Domestic and Sexual Violence

“Wheels” Adapted from the Power and Control Wheel Model [developed by the Domestic Abuse Intervention Project, Duluth, MN.

POWER AND CONTROL WHEEL, developed by the Domestic Abuse Intervention Project, Duluth, MN

Michigan Crime Victims: Provides victim's services, support and healing for victims of all types of violence, including domestic abuse and sexual assault.

Women's Law Initiative  is a nationwide, online resource for women and girls living with or escaping domestic violence. Click here: Womenslaw.org

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Military Families

The military has taken a zero tolerance position on the issue of domestic violence. See, in general, the National Center on Domestic and Sexual Violence. Department of Defense and Military Services Domestic Violence Contacts.

Resources for Military Families -- Family Advocacy Program for Navy families with domestic violence issues. For more information, click here. If you need immediate assistance, contact MaryAnn at 847-688-3603 ext. 133, or Janis Brown at 847-688-3603 ext. 123.

Family Advocacy Programs for U.S. Army families can be accessed at this website. USAREC Family Advocacy Program. See also Spouse Abuse Manual. U.S. Army Family Advocacy Program. Includes information on case management, assessment, treatment, and follow-up.

Family Advocacy Programs for U.S. Air Force families can be accessed at this website. Air Force Fapnet

Military Protective Orders. Military Family Resource Center. Provides an explanation of who may issue a military protective order, as well as the provisions included in this order. See also this website.

MILITARY POWER AND CONTROL WHEEL, adapted from the Power and Control Wheel developed by the Domestic Abuse Intervention Project, Duluth, MN

See also this article: What Resources are Available to Help Military Families with Domestic Abuse Issues?

Department of Defense and Military Services Domestic Violence Contacts: Valuable links to other organizations and websites of interest to military families provided by the National Center on Domestic and Sexual Violence.

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  Servicemember's Civil Relief Act: An online judge's guide to the Act from the American Bar Association's Family Law Section. This is a good resource for anyone involved in a military divorce.  Information on Child Support Enforcement: The Family Center on the nearest military installation will be able to assist you in contacting the Legal Office. To locate the nearest Family Center, search the Program Directory

If there is an existing child support order and the parent is an active duty member:
Contact Defense Finance and Accounting Service (DFAS), Garnishment Office at 216-522-5301; OR
Contact the Office of Child Support Enforcement (DHHS) (external)

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To locate military legal assistance:

Information about military legal assistance is found on the following Web sites:

Army Legal Assistance

Navy and Marine Legal Assistance

Joint Services Legal Assistance Office (Pentagon)

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