In Michigan, even in cases where one parent is awarded “sole physical custody” the other parent almost always receives parenting time with the child. But sometimes that isn't safe or healthy. Though it is rare, a Michigan court will suspend parenting time in some cases. Knowing when and how to ask for this extreme relief is essential to protecting your children and your credibility with the Court.

Sole Physical Custody Doesn't Mean No Contact

The Michigan family courts presume that it is in every child's best interest to maintain a close relationship with both parents. To accomplish this, every child custody order includes a parenting time schedule that grants the noncustodial parent time to spend with the child. During that time, the non-custodial parent is responsible for making sure the child is safe and provided for.

Can You Ask the Court to Suspend Parenting Time?

But some people aren't good parents. In rare cases, the Child Custody Act does allow the Court to suspend parenting time if there is clear and convincing evidence (the highest standard in family law) that parenting time “would endanger the child's physical, mental, or emotional health.”

5 Common Reasons for a Motion to Suspend Parenting Time

Every case is different, but there are some common reasons that support suspending parenting time because it is contrary to the child's physical, mental, or emotional health.

Child Abuse or Domestic Violence

Michigan Courts are required to put the child's welfare first. When there is a demonstrated danger of child abuse or domestic violence toward a child by a parent, stepparent, or other person in the parent's home, the Court may suspend parenting time. Often, these motions start with a Child Protective Services (CPS) complaint where the Department of Health and Human Services (DHHS) has been able to “substantiate” or find evidence to support the claim. If a CPS complaint is “unsubstantiated” or investigation, the suspension will most likely be lifted.  

Drug or Alcohol Abuse

Parenting time may be suspended if a parent has an untreated substance use disorder. In most cases, the Court will start by ordering the parent to abstain from drugs or alcohol during parenting time and order drug and alcohol testing. However, if there is a pattern of drug use while the child is in the other parent's care, parenting time may be suspended until they can demonstrate that they are clean and sober.  

Demonstrated Risk of Self Harm or Mental Health Concerns in Child

A parent's visitation may also be suspended because of the child's severe mental health challenges. In one recent Michigan case, a parent was unwilling to follow the child's mental health treatment plan, which resulted in the child expressing suicidal thoughts at the idea of attending parenting time. The parent's parenting time was suspended to protect the child.

Inmate Mental Health Treatment

In other cases, it is the parent's mental health that poses the problem. If a parent requires inpatient treatment or their mental health poses a danger to the child, that can be a basis for a temporary suspension of parenting time until a treating physician or psychologist reports that the parent's condition is controlled and they are no longer a threat to the child.

Lack of Housing or Unsafe Living Environment

If a parent is living a transient lifestyle, living out of their vehicle, couch-surfing, or is otherwise homeless, there may be no safe place to exercise overnight parenting time. In these circumstances, many Michigan family court judges will order supervised or daytime only parenting time (such as at a restaurant, museum, or playground), rather than suspending parenting time entirely to allow the parent to maintain contact until they find a permanent home.

Reasons the Court Won't Suspend Parenting Time

Many parents wish they could just cut the other parent off for reasons unconnected with the child's health or safety. It is a mistake to file a motion to suspend parenting time because:

• You want to punish the non-custodial parent
• He or she falls behind on child support
• You or the child is sick (taking care of sick children is part of parenting!)
• The child doesn't want to go to parenting time
• The schedule is inconvenient

Remember that a party's willingness to foster the parent-child relationship between the child and the other parent is one of the twelve best interest factors. If you file a motion to suspend parenting time for insignificant or unproven reasons, it could work against you.

What Happens After Parenting Time is Suspended

Except in the most extreme cases, parenting time suspensions don't last forever. If you file an emergency motion asking the Court to suspend parenting time without a hearing (called an ex parte motion), and the Court grants the order, you will need to prove the reason for the suspension at a later evidentiary hearing. At the close of that hearing, the Court may:

• Put restrictions on parenting time (such as drug and alcohol testing)
• Require supervised parenting time by a relative or professional service
• Restrict the length or nature of parenting time
• Continue the suspension

However, if parenting time is suspended, the Court must schedule periodic review hearings to give the parent a chance to prove that suspension is no longer required. If you get an order suspending parenting time, you should expect to be back in court at least every 6 months for these check-ups.

Get Help with a Motion to Suspend Parenting Time from a Michigan Family Lawyer

At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you decide whether a motion to suspend parenting time is appropriate, and advocate for the safety of your child. Call us at 248-651-4114 or contact us here to speak to an attorney.