Court must Grant Specific Parenting Time

Gendich v Whiteman (COA 293139)

In this child custody case, defendant appeals as of right from an order of the circuit court granting plaintiff sole legal and physical custody over the parties’ minor daughter and sole legal, but joint physical custody over the parties’ minor son. Because defendant was afforded proper due process, the trial court did not err when it did not hold an evidentiary hearing, the trial court properly held that a change in circumstances existed, the trial court’s findings of fact were
not against the great weight of the evidence, and the trial court did not improperly consider impermissible evidence, we affirm in part.
However, because the trial court failed to comply with the requirements of MCL 722.27a regarding defendant’s request for a specific parenting time schedule, we reverse in part and remand for further proceedings.

...

Finally, defendant argues that the trial court erred when it failed to issue a specific parenting time schedule after defendant requested that the court do so. Pursuant to MCL 722.27a(1), unless parenting time is not appropriate under the circumstances of that case, a court must grant parenting time in a “frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.” Where a parent granted parenting time makes a request that the court grant parenting time in specific terms, the court must do so. MCL 722.27a(7); Pickering v Pickering, 268 Mich App 1, 6-7; 706 NW2d 835 (2005). A
party may request
that the court grant parenting time in specific terms at any time. Pickering, 268 Mich App at 7. Once defendant filed his motion for reconsideration requesting a more specific parenting time schedule, the trial court was required to issue an order granting defendant parenting time in more specific terms. MCL 722.27a(7); Pickering, 268 Mich App at 6-7. The matter should not simply be left to the discretion of defendant and the children.

 

From Dan Diebolt

 

Darrick Scott-Farnsworth

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