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Revised 01/01/2009 FRIEND OF THE COURT PARENTING TIME GUIDELINES UNLESS YOUR COURT ORDER SPECIFIES DIFFERENTLY, THE FRIEND OF THE COURT WILL ENFORCE THE MOST RECENT REVISION OF THE GUIDELINES |
______________________________________________________________________________
449 Green Street ,
Caro , MI 48723
Email foc@tuscolacounty.org Website www.tuscolacounty.org Fax: (989) 673-4898
COURT’S PHILOSOPHY
= Both parents should facilitate and
encourage the relationship that the child has with the other parent. Parenting time is granted in accordance with
the best interest of the child. The child should develop strong bonds with
both parents and both should be involved in their child’s life. If parents agree on parenting terms, the
Court will follow those terms unless it determines on the record, that the
parenting terms are not in the best interest of the child. A child
has the RIGHT to have parenting time with a parent unless it is proven that it
would endanger the child’s physical, mental or emotional well being.
The Court MAY
consider the following factors:
-Special
circumstances of the child (i.e. whether the infant is a nursing baby).
-The
likelihood of abuse to the child during parenting time and/or to a parent
resulting from
the exercise of parenting time.
-The
burdensome impact on the child traveling long distances.
-Whether
a parent will “visit” in accordance with the court’s order.
-Whether
a parent has frequently failed to exercise parenting time.
-The
threatened or actual detention of a child with the intent to retain or conceal
the child
from the other parent.
-Any
other relevant factors.
The Child Custody Act
allows Courts to impose any reasonable terms or conditions designed to
facilitate the orderly and meaningful spending of time by a non-custodial
parent with a child. Court orders may
include:
-Division
of responsibility and/or cost of transporting a child.
-Restrictions
of or requirements for the presence of third persons.
-Requirements
that the child be ready at a specific time.
-Requirements
that the parent arrive, pick-up and return the child at specific times.
-Requirements
that a party post a cash bond.
-Requirements
of reasonable notice when scheduled contact will not occur.
-Any
other reasonable condition determined to be appropriate in the particular case.
AGREEMENTS BETWEEN
PARTIES:
THE FOC CANNOT ENFORCE VERBAL OR WRITTEN AGREEMENTS BETWEEN
THE PARTIES. Mutual agreements must be put in a consent agreement and
signed by the judge in order to be enforced by the FOC.
Support and parenting time are two separate issues.
One parent CANNOT WITHHOLD
PARENTING TIME
due to non-payment of support. Likewise,
the payer of support CANNOT WITHHOLD
PAYMENT OF SUPPORT due to denial of parenting time.
REASONABLE PARENTING
TIME:
If your court order states “reasonable” parenting time, the Court considers this as times that do not interfere
with the school routine of the children. The current parenting time guidelines
are the parenting time schedule when the parties do not agree. If your order states days and times as specified,
the Friend of the Court and the parties MUST FOLLOW the orders of the Court. When
the parties cannot agree on the beginning dates, the non-custodial parent
should submit the beginning weekend date in writing to the custodial parent and
the FOC at least seven (7) days prior to the date.
AT ALL TIMES, PICK
UP OF THE CHILD(REN) MUST BE ATTEMPTED REGARDLESS OF
THREATS BY THE OTHER
PARENT TO DENY THE PARENTING TIME.
RE-ACQUAINTANCE PERIOD:
The Friend of the
Court may recommend a re-acquaintance period if there has been a prolonged
period of no contact between the parent and the child(ren). If the prolonged period is due to one
parent’s denial, make-up parenting time may be banked and granted at a later
time.
BANKED PARENTING TIME:
Under certain
circumstances, Parenting Time that is not exercised may be banked or recorded
and used at a later date. Banked
parenting time may occur upon the request of the Guardian Ad Litem, Child Protective
Services, and/or pending an investigation of the FOC. If there is a hearing, banked Parenting Time
should be addressed by the court. If no
hearing is held, the FOC will review the parties complaints and make a
determination upon written request
A BIRTHDAY THAT FALLS ON A
PARENTING TIME ABATEMENTS – You will need to refer to your court order to see if you
qualify for a child
support credit. If you do qualify, a
written request with exact dates and the names of the children must be
submitted to the Friend of the Court’s office within 30 days of the exercised
parenting time. Under the new Michigan
Child Support Formula, the parenting time abatement has been calculated and
included within the Uniform Support Order (USO) effective
The
Friend of the Court Staff has authority to determine the following:
-what items should be
provided by each parent during the parenting time;
-who may pick up and return
the child according to the parenting schedule or
whether the child may travel
alone, and if necessary, where the exchange shall
occur;
-what child-related
activities the non-custodial parent should refrain from during
parenting time (i.e. hair cutting,
ear-piercing, unauthorized non-emergency
health care treatment,
etc.); and determine when a parenting schedule begins if the
order is silent.
SUMMER SCHOOL- If necessary for the child(ren) to pass to the next grade, the child MUST
attend. The custodial parent must obtain
written verification from the school regarding the necessity of enrollment and provide copies to the non-custodial parent
and the Friend of the Court by the 1st of May. Determination by the Friend of the Court will
be made on a case-by-case basis.
TRANSPORTATION - may be shared equally between the parents. If the parents cannot agree as to who will be
responsible for the transportation, then the parent receiving the child(ren) will be the responsible parent to
transport. If a parent refuses and/or fails to carry out his/her
responsibility as to the transportation, either party has the right to petition
the Court for an order regarding specific transportation directives and/or
payment of costs associated therewith.
Unless it is specifically stated in the court order, the place of
exchange shall be at the parents’ homes or any other mutually agreed upon
location.
WHO MAY PICK-UP THE CHILDREN- Children may be transported by a responsible adult (with a valid driver’s
license) other than the parent PROVIDED that the child is familiar with that
adult. (i.e. grandparent, step-parent,
etc.)
FAILURE TO EXERCISE PARENTING TIME:
If either parent fails to exercise his/her parenting time and fails to give the proper 3 day notice, with the exception of an emergency, the other parent may petition the Court for any child care expenses incurred during the scheduled parenting time with the children.
DENIAL OF PARENTING TIME:
PARENTING COMPLAINTS-
All are considered NON-EMERGENCY and must be submitted in
the form of an affidavit as required by MCR 3.606. The
Friend of the Court is given the responsibility to investigate all relevant
facts and to make a written report and recommendation to the parties and to the
court regarding matters affecting the child.
The Friend of the Court cannot present telephone information to the Court at a hearing. Therefore, if you feel that your situation needs immediate attention, you must come into the Friend of the Court office to fill out and sign the necessary paperwork.
Please
do not call the Friend of the Court regarding possible future parenting
disputes. Your caseworker cannot predict
the future or act on what MAY OCCUR. The Friend of the Court MUST enforce the most
recent order of the Court.
PARENTING TIME REMEDY STEPS:
Violation of Custody or
Parenting Time Order (effective
A custody or
parenting time violation is any act or failure to act that interferes with a
parent’s right to interact with a child as governed by the Court Order [MCL
552.602(e)]. This includes a custodial
parent’s violation of parenting time provisions, and a non-custodial parent’s
violation of custody or parenting time provisions.
Read the last parenting/visitation order . The Court speaks
through its written orders. If it is not
written, it is not so. If there is no
parenting order, then the Friend of the Court cannot assist you. It is the parent’s responsibility to obtain
or change an order.
The complaining
parent must attempt to resolve the
issues directly with the other parent either by telephone or in
writing. At all times, the
communication should be a sincere effort keeping in mind what is best for your
child. Treat the other parent like you
would like to be treated and do your talking out of the presence of the
child(ren). A complete written
description of the attempt or a copy of the correspondence must be submitted to
the Friend of the Court office. “We
cannot talk to each other” IS NOT AN ACCEPTABLE EXCUSE for avoiding contact
with the other parent.
An attempt must be made to pick-up the child(ren) regardless
of threats to deny the parenting time. Note: Exceptions to this must be approved by
the Friend of the Court on a case-by-case basis.**If the child is not
available, the parent who is exercising parenting time must wait 30 minutes
beyond the scheduled time of exchange.
Pursuant to MCL 552.602, the parent shall give written notice of an
alleged wrongfully denied parenting time within 56
days of the alleged denial.
SUBMITTING PARENTING TIME COMPLAINTS:
If denied, a PARENTING TIME AFFIDAVIT must be filed with the Friend of the Court within fifty-six (56) days of the alleged violation.
The complaint MUST be
in the form of an affidavit as required by MCR 3.606, and be filed
within 56
days of the violation or the Friend of the Court may not respond. The Friend of the Court will only respond to
a named party to the case. Forms are
available at the Friend of the Court office or on the FOC website. Click here for
The Friend of the
Court will send this information to the alleged offending party and request
that he/she make a written response to the parenting complaints. After the response is received, the Friend of
the Court will make a determination, apply make-up parenting time according to
the FOC policy, or set up the matter for Joint Meeting.
ATTENDANCE AT SMILE
- (Start Making It Livable for Everyone)
program. SMILE is a 45-minute
video that familiarizes parents with the impact of separation/divorce on
children and offers information to parents on how to make the process easier
for the children. A small fee is
assessed to cover the cost of materials for the program. The court encourages and recommends that
grandparents, stepparents and any significant others attend this program
also. Repeated viewing may be necessary as determined by the Court. For more information, call the Friend of the
Court office at (989) 673-4848.
Effective
JOINT MEETING (Dispute Resolution) - is a process between the parents and a qualified third
party, which allows both parents to present their side of the parenting issues
(such as transportation, exchange times, etc.)
The Friend of the
Court will determine whether the issues are appropriate for a Joint
Meeting. The Joint Meeting allows the
parties an opportunity to resolve their disputes without having to go to
Court. If an agreement is reached, the
Friend of the Court will prepare an order. Communications made during the Joint
Meeting are not confidential.
If no agreement is
reached, the Friend of the Court may submit a recommendation to the Court that
will become an Order unless either party files a written objection with the
Tuscola County Clerk within 21 days and provides a copy to the Friend of the
Court and the other party. An
objection will result in a hearing before the Referee or Presiding Judge. An objection form is available at the Friend
of the Court office or website.
In specific
situations such as cases involving domestic violence or parties living out of
state, special accommodations can be made (such as telephone meetings). Any need for special accommodations must be
reported to the Friend of the Court in writing and approved by the Friend of
the Court at least seven (7) prior to the Joint Meeting.
There is no cost to either party for a joint meeting unless
one or both parents fail to appear. The complaining parent must submit a request
for a Joint Meeting in writing. (Forms
are available at the FOC office or on the FOC website).
ORDER TO SHOW CAUSE HEARING
Violation of Custody or
Parenting Time Order
A custody or
parenting time violation is any act or failure to act that interferes with a
parent’s right to interact with a child as governed by the Court Order [MCL
552.602(e)]. This includes a custodial parent’s
violation of parenting time provisions, and a non-custodial parent’s violation
of custody or parenting time provisions.
An order to show
cause hearing is a hearing before the Judge to determine if a violation of the
Court Order has occurred. The Court will
render its opinion regarding contempt and an order will enter. Show cause proceedings are instituted by the
offended party or the Friend of the Court; and require a person who is alleged
to have violated an Order to come into the Court and explain why the Court
should not impose sanctions. The
procedure is initiated by filing a motion with the Court alleging the existence
of an Order and providing a copy of a party’s complaint that the order has been
violated. The party’s statement should
be in the form of an affidavit as required by MCR 3.606. Once the motion is filed, the Court will
enter an Order directing the alleged violator to appear before the Court and
show cause why the alleged violator should not be held in contempt. The Court will find a person in contempt if
the order was violated without good cause.
Good cause includes consideration of the safety of a party or
child.
The Friend of the
Court must have a good reason
to petition the court for an Order to Show Cause Hearing. A party may petition the Court on his/her own
to seek relief at a show cause hearing.
Forms are available at the FOC office or on the FOC website. Any party representing himself/herself will
be responsible to prepare the order after the hearing.
SANCTIONS:
If the Court finds a
party in contempt, the Court can impose the following sanctions:
A.
Change the
Order to add additional terms or conditions consistent with the existing order;
B.
Modify the
Order to meet the best interest of the child if requested by a party on a
proposed modification of parenting time, and after notice to both parties and a
hearing;
C.
Order makeup
parenting time in an amount at least as much as that denied;
D.
Order the
parent to pay a fine of not more than $100.00;
E.
Commit the
parent to jail for up to 45 days for the first offense or up to 90 days for
subsequent offenses with or without the privilege of leaving jail to attend
employment;
F.
Suspend the
parent’s occupational, driver’s, or recreational or sporting license
conditional upon noncompliance with an order and ongoing parenting time; and
G.
Order the
parent to participate in a community corrections program.
Upon finding that a
party has acted in bad faith, the Court must order a sanction of not more than
$250.00 for the first time, not more than $500.00 for the second time, and not
more than $1000.00 for the third time the Court finds the party acted in bad
faith [MCL 552.644(6)]. The sanction
applies equally to the party bringing or defending the dispute. In addition to sanctions, the Court must
order a party who has acted in bad faith to pay the other party’s costs.
NOTICE: The Child Custody Act
imposes an obligation on the Court to review even agreed upon arrangements to
confirm that they are in the best interests of the children. Courts may reject or modify an agreed
arrangement if not in the children’s interest.
This authority is one more recognition that the best interests of the
children are paramount.
MAKEUP PARENTING TIME
It is the philosophy
of the Court that both parents should be involved in a child’s life. Thus,
both parents should facilitate and encourage a good relationship with the other
parent. This type of behavior is
what is in the best interests of the
child.
The Friend of the
Court will apply this makeup parenting time policy in all cases where one
parent has wrongfully denied parenting time to the other and the Friend of the
Court determines that makeup parenting time is the appropriate method of
enforcement available to the Friend of the Court.
Parenting time is
every child’s right. Responsible parents will put individual differences aside
and deal with each other in good faith to see that parenting time is
encouraged. The following explanations
by a parent for denying parenting time are generally not valid:
1. The child(ren) has a minor illness.
2. The child(ren) had to go somewhere else.
3. The child(ren) was not home.
4. The noncustodial parent is behind in support.
5. The custodial parent did not want the child(ren) to go.
6. The weather was bad.
The safety of the child(ren) is important and a parent must use good
judgement if the road conditions are unsafe.
You MUST also contact the other parent regarding transportation changes
and alternate parenting time arrangements may be made.
7. The child(ren) had no clothes to wear.
8. The child(ren) refused to go. (REGARDLESS OF THE AGE OF THE
CHILD) You are the parent and the Court
does not believe that children should be making such decisions.
9. The parent being denied parenting time has not met the terms
that the other parent has added as a condition of getting their parenting time
but were not included in the Court Order.
(For example: One parent has told the other that they can only pick up
the children only if their boyfriend or girlfriend is not there, but this is
not prohibited in the Court Order).
10.
Religious reasons.
11.
The child
fusses when the other parent picks them up.
Understand that your child will have some stresses and growth pain
regardless of whether parents are together or not and may have some difficulty
during exchanges. Take care not to jump to conclusions. This does not necessarily indicate problems
with the other parent.
Examples of
explanations that may be valid are:
1.
The
noncustodial parent was drinking or using drugs.
2.
The
noncustodial parent failed to arrive for parenting time within one half hour of
the time specified in the Order.
Determination of a Valid Claim:
The Friend of the
Court must first determine if the alleged violation states something which is
enforceable under the Court’s parenting time Order. If the Friend of the Court finds that it is,
it must send the following notice as required by MCL 552.642(2):
FAILURE TO RESPOND IN
WRITING TO THE OFFICE OF THE FRIEND OF THE COURT
WITHIN 21 DAYS AFTER
THIS NOTICE WAS SENT SHALL BE CONSIDERED AS AN AGREEMENT THAT PARENTING TIME
WAS WRONGFULLY DENIED AND THAT THE MAKEUP PARENTING TIME POLICY ESTABLISHED BY
THE COURT WILL BE APPLIED.
Procedure after Response or The Time For Response to Pass:
If the responding
party timely provides a response, the Friend of the Court shall initiate one of
the other enforcement methods available under MCL 552.641.
If a written response
is not provided to the Friend of the Court within 21 days of when the notice
was sent, the Friend of the Court shall apply makeup parenting time as set
forth in MCL 552.642(1):
(a)
That makeup
parenting time shall be at least the same type and duration of parenting time
as the parenting time that was denied, including but not limited to weekend
parenting time for weekend parenting time, holiday parenting time for holiday
parenting time, weekday parenting time for weekday parenting time, and summer
parenting time for summer parenting time.
(b)
That makeup
parenting time shall be taken within one (1) year after the wrongfully denied
parenting time was to have occurred.
(c)
That the
wrongfully denied parent shall choose the time of the makeup parenting time.
(d)
That the
wrongfully denied parent shall notify both the office of the Friend of the
Court and the other parent in writing not less than one (1) week before making
use of makeup weekend or weekday parenting time or not less than 28 days before
making use of makeup holiday or summer parenting time.
NOTICE: Effective
PROBLEMS TO AVOID:
1. Avoid expensive events, places or gifts. Children
want your time.
2. Parenting time is for the benefit of the child-parent relationship. Time spent with baby-
sitters, extended family, etc. when the parent
is not present should be minimized.
3. DON’T expect either parent
to let you have the children if you have been drinking or using
drugs.
4. If you do not
have a driver’s license, a relative
or friend must do the driving when the
children are being transported.
5. If you are the custodial parent, you must supply ADEQUATE CLOTHING & PRESCRIPTION
MEDICATION for
parenting time and inform the other parent of necessary medication and
possible
illness. You MUST also have the children
ready at the scheduled parenting time.
BOTH PARENTS are expected to send and return clothing in the same condition it was
received. Clothing and prescription medication should
always go with the child.
6. CAR SEATS ARE
REQUIRED BY LAW.
7. Parents should always
speak positively to children about the other parent, or say nothing at
all.
Speaking negatively about the parent accomplishes nothing and will do
more harm than
good.
8. Take
responsibility for the inconvenience and difficulty of parenting time rather than
putting your child at risk or making the child
pay. Imagine how you would feel about
leaving
the child in one home and you and your ex-partner
move in and out according to the parenting
time schedule.
Understand that this constant change may be even more difficult for the
child
to manage.
9. Keep to a
regular schedule as much as possible. This helps your child anticipate and
prepare for transitions and to develop a sense
of trust in relationships. Irregular
contacts can
lead to a sense of helplessness in the child.
10.
Try to maintain continuity in care-taking patterns so that the child is able to focus on play
and exploration, rather than being distracted
or disturbed by major changes in routine.
It is
important for the child to build on
care-giving routines rather than compete or conflict with
them.
The
FOC recognizes that each parent has his/her own individual parenting style. Avoid passing judgment upon the other parent
for what he/she does with his/her time.
The child will grow into adulthood and will recognize the relationship
between him/herself and each of his/her parents for what it has developed
into.
If you would like assistance with parenting skills and/or techniques, contact the FOC office for a list of references to area agencies that are offering such programs/classes.
EXTRACURRICULAR ACTIVITIES:
As a general rule activities should not be scheduled during
the other parents time. The parties should cooperate with each other when enrolling
the child(ren) in extracurricular activities to ensure that the activities do
not interfere with the ability of the child(ren) to exercise parenting
time. Neither the custodial parent nor
the non-custodial parent should enroll the child(ren) in the excessive
activities that serve to interfere with the other’s ability to spend time with
the child(ren).
When supervised
parenting time is ordered, the child(ren) should not be enrolled in activities
that would interfere with the supervised scheduled.
As child(ren) grow,
they are involved in different activities.
As their development needs change, both parents need to be flexible with
their parenting time schedules and allow room for adjustment. Because continuity in activities is
important, parents must be willing to alter the parenting time schedule.
Parents should keep
one another appraised of all the child(ren)’s activities so the other parent
has the opportunity to attend or participate in the activity, even if the
activity occurs during the parent’s off schedule.
OTHER ISSUES:
SHOW UP FOR PARENTING ON TIME - If the children are expecting you to come for a scheduled
parenting period, be sure to show up and be on time. Nothing disappoints a child more than to be
waiting and the parent fails to show.
**A parent should not have to wait, however, if the child is not
available, a parent is expected to wait 30 minutes beyond the scheduled time of
exchange. This should not be a regular
practice. If you are unable to exercise parenting time as planned, you must phone
the other party three (3) days ahead. If
you do not attempt to pick up the child(ren) within the 30 minutes of the
schedule time of exchange, your right to parenting time is considered
forfeited.
SPARE THE CHILDREN – Exchange of the child for parenting time does not have to be
traumatic for the children. The parent
is expected to pick-up and drop off children period. It is not necessary to inspect the home.
Neither parent has to provide a detail on where, what and how the parenting
time will be exercised.
PARENTING TIME IS FOR THE PARENT AND THE CHILD - Parenting
time exchanges are not the time to discuss adult issues, i.e., alimony, child support,
and property. This manner of
communication should be on your time, not the child’s. Many disputes begin because one parent
arrives with or invites in a new girlfriend or boyfriend. Your children need your full attention. They have a rough enough time adjusting to
the divorce without learning a new cast of players. Unless you are seriously contemplating a
commitment, leave your new acquaintances at home. Dating can be reserved for a time when the
children are not around.
KEEP
THE CHILDREN OUT OF THE MIDDLE – Parents should communicate with each other not
through their child(ren). Parents should NEVER use the children as sources of
information on
the activities of a former spouse. Children quickly learn that if they supply
information they think
you want to hear, they will tailor their remarks
accordingly. Such information only
creates
problems and parents will discover that children who are
forced to be in the middle will become
skillful in playing one parent against the other. Beware; you may get what you ask for.
Be careful not
to see the child as an object or possession to be won or divided.
CUSTODY/PARENTING
TIME CHANGES - DO NOT DISCUSS WITH OR PROMISE the children
that you will obtain custody of them until after the hearing
and an order of custody is SIGNED BY
THE JUDGE.
MAINTAIN
TEAMWORK AND COMMUNICATION
- How you interact with the other parent will
indirectly affect your child. One of the better things you can do is to
encourage your child’s ability
to have a secure
relationship with the other parent. Co-parenting
helps the child establish a secure self-concept on the inside. Lack of coordination makes a child feel split
between parents. Concentrate on filtering your best
qualities through your child.
OUT-OF-STATE
VACATIONS - Unless the
court order prohibits it, either parent may take the
minor child out-of-state for a vacation. An
order of domicile refers only to the residence of a
child being changed and does not apply to vacations unless the court order
specifically states so.
Parents must notify
the other parent of a telephone number and provide a general itinerary of where
the minor child may be reached in case an emergency arises.
GRANDPARENT “VISITATION”. Recent changes in
the law affect the rights of grandparents.
It is recommended that you seek the advice of counsel regarding
visitation. The Friend of the Court
will enforce court orders for grandparents.
FUNERALS –
The Friend of the Court expects both parties to cooperate and be flexible with
parenting time at the time of a death in the family or the death of someone who
is important to the children. The Friend
of the Court feels that it is in the children’s best interest to allow them
time to grieve their loved ones.
NEGLECT & ABUSE CASES - The Friend of the Court does not have the necessary staff nor
expertise to handle neglect and abuse cases.
Information should immediately be reported to Protective Services
at the Family Independence Agency (FIA) and a local law enforcement agency in
the county where the children reside. The Friend of the Court may not enforce the
parenting time order during a Protective Services Investigation upon the
recommendation of the FIA worker. If
parenting time is withheld pending investigation, you must sign a release at
the FIA to have information sent to the Friend of the Court.
FALSE ACCUSATIONS - Laws effective
SCHOOL/HEALTH CARE PROVIDER INFORMATION – MCL722.21
to 722.30 require that schools,
hospitals, physicians, etc., MUST
provide information regarding the minor child to either parent regardless of which parent has legal custody, unless
there is a court order prohibiting access.
CALLING
THE POLICE - The ONLY TIME that police should be
called is if the child(ren) or
the parties are in
immediate danger. Calling the police for parenting
time disputes is very traumatic for the children. Most law enforcement agencies do not become
involved and refer all matters to the Friend of the Court. At all times, parents should make every
effort to refrain from calling the police and settle the dispute through the
Friend of the Court. Handle these
situations in a civil manner by walking away and filing your complaint with the
FOC office. Make-up parenting time is
available. Minimize the tension and conflict to which
the children are exposed.
PERSONAL
PROTECTION ORDERS - Personal protection orders should not be used to deny
custody or parenting time. The Court will not issue a personal
protection order restraining a parent from contact with his/her child unless there is evidence that
the children are in danger. It is your
responsibility to inform the court of a custody/parenting time court order
when presenting your motion before the Judge.
Should a parent feel uncomfortable picking up a child due to a Personal
Protection Order see “WHO MAY PICK-UP AND RETURN THE CHILD(REN)” pg. 7
STEP-PARENTS - When a parent re-marries, the spouse will be involved in the
child(ren)’s life. Since the stepparent
will be at least in part a caregiver to the child, every effort should be made
to promote a good relationship
between the stepparent and the children.
Likewise, the stepparent should promote
communication between the natural parents to give them an opportunity to
make mutual decisions regarding the welfare of the children.
LICE INFESTATION:
The
FOC does not investigate a home based on an accusation of head or body lice. The Tuscola County Health Department is no longer providing examinations or written documentation of head lice
checks. As soon as a head lice problem
is detected, either parent should take the child to a health authority
immediately for treatment information. The parents must cooperate fully on this
matter because THIS IS IN THE BEST INTEREST OF THE CHILD.
DIAPERS & FORMULA:
It is the responsibility of
the custodial parent to provide formula for infants during the parenting time.
In cases where parenting time exceeds 3 overnights, the custodial parent shall
provide the name of the formula to the non-custodial parent so that he/she may
purchase enough to last for the entire parenting time. The custodial parent for
the transportation portion of the parenting time should send clean disposable
diapers. Otherwise, the non-custodial
parent is responsible to provide diapers for the entire parenting time.
DEFINITIONS:
Banked Parenting Time: Under
certain circumstances, parenting time that is not exercised
may be banked or recorded and used at a later
date.
Custodial Parent: The parent who is
awarded the primary domicile of the minor child(ren).
Domicile: An
order of domicile refers only to the residence of the child(ren). MCL 722.31 provides that a parent whose
custody or parenting time is governed by a court order shall not change the
legal residence of the child(ren) without an order of the Court. The child has
a legal residence with the mother and the
father. Therefore, a parent cannot move
more than 100 miles from his/her residence without the Court’s permission. If you anticipate a change in residence, it
is recommended the parent contact the FOC or seek legal counsel to see if the
move is allowed by the court order.
Joint Legal Custody: The parties shall
share the decision-making authority as to the important decisions affecting the
health, education and welfare of the child(ren). In cases where there is any type of joint
custody, neither parent may move more than 100 miles of their residence at the
time without the prior approval of the Court.
The law defines the residence of the child as the residence of either
parent.
Joint Physical Custody: Means that the child(ren) live with one parent part of the
time and the other parent part of the time.
This time does not have to be equal.
The parent who has care of the child(ren) at any given time is
responsible for routine decisions regarding the child.
Non-Custodial Parent: The party awarded
parenting time with the minor child(ren).
Primary Domicile: The parent who has
the physical custody of the child(ren).
Suspended: In regards to parenting time, suspended means parenting time
is temporarily
stopped,
is not subject to make up parenting time, and does not alter the normal
alternate
weekend
schedule. Parenting time suspended due
to a Child Protective Service investigation
may
be subject to make up parenting time, based on the determination of the
FOC.