Visitation rights are afforded to most noncustodial parents in accordance with Michigan state law, but those rights could be restricted or denied if it is in the best interest of the child. To learn more and obtain knowledgeable legal representation, consult with an Oakland County parenting time lawyer today.

What is Visitation?

Visitation, referred to as parenting time in Michigan legislature, is time that a noncustodial parent spends with their child when the other parent has sole legal and/or physical custody. Legal custody is a parent’s right to make important decisions on behalf of the child, and physical custody refers to the parent’s right and responsibility to live with and care for the child. Both types of custody can be shared or sole.

According to the Michigan Child Custody Act of 1970, parenting time is granted in accordance with the best interests of the child. In general, the state assumes that it is in the child’s best interest to have a strong relationship with both parents, so noncustodial parents are generally awarded visitation rights.

Can Visitation Rights Be Denied in MI?

Yes, although parents have a right to access their children, visitation can be denied or restricted under certain circumstances. Under the Michigan Child Custody Act of 1970, a child and parent have a right to visitation unless it is proven that it would endanger the child’s physical, mental, or emotional health.

Visitation rights can be restricted or denied in a variety of ways. The parenting time order can contain several conditions like determining who is responsible for transporting the child and the associated costs, not allowing a third party to be present during visitation (like a new significant other, for example), requiring that the visitation be monitored, requiring that the parent post bond to ensure compliance with the order, and any other condition deemed reasonable and necessary. It is also possible that visitation rights will be outright denied and the parent will not be given access to the child.

Why Would Visitation Be Denied?

A parent’s visitation rights may be denied if it is determined that access to the child would put them at risk. It is important to note that visitation can only be denied with a court order. If your parenting time rights are denied by the child’s other parent without approval from a judge, you can take action against them. However, if there was a valid reason that revolved around protecting the child, the judge may approve the decision.

Your visitation rights could be restricted or denied if there is evidence of any of the following.

  • Domestic violence
  • Emotional abuse
  • Abandonment
  • Neglect
  • Substance abuse
  • Dangerous living conditions

If there is any indication that the child could be unsafe in your presence, your visitation rights could be denied or you could be required to have supervision during visits. For more information and to obtain representation, reach out to a skilled family lawyer today.