What Happens If a Parent Denies Parenting Time in Michigan?
Divorce or separation is hard enough, but when one parent denies the other their rightful parenting time, things can quickly become emotionally charged and legally complicated. In Michigan, parenting time is not just a suggestion-it’s a court-ordered right. When one parent denies that time, the other parent has legal options to enforce the order and protect their relationship with their child.
If you're facing this issue, here’s what you need to know about your rights, your options, and how Michigan courts handle parenting time violations.
What Is Parenting Time?
Parenting time refers to the schedule ordered by the court that outlines when each parent spends time with their child. It can be as specific or flexible as the court deems appropriate, depending on the child's best interests. Once entered, both parents are legally obligated to follow it.
Is Denying Parenting Time Illegal in Michigan?
Yes. If there is a court order in place, denying parenting time without a valid reason is a violation of that order. While occasional changes due to illness, emergencies, or mutual agreement are normal, one parent cannot unilaterally decide to cancel, shorten, or limit the other parent’s time.
Common (but not legally valid) excuses:
"The child didn’t want to go."
"I didn’t think it was safe."
"The other parent didn’t pay child support."
The proper course of action in these situations is to seek a modification through the court not to withhold parenting time.
Steps to Take If Parenting Time Is Denied
1. Document Everything
Keep detailed notes of each incident, including:
Dates and times parenting time was denied
Any communications (texts, emails, voicemails)
The other parent’s stated reason
This documentation will be critical if legal action becomes necessary.
2. Contact the Friend of the Court (FOC)
In Michigan, most family law cases involve the Friend of the Court, which helps enforce parenting time and child support. You can file a parenting time complaint with your local FOC office. They may:
Facilitate communication
Schedule a resolution conference
Refer the matter to court for enforcement
3. File a Motion to Enforce Parenting Time
If informal methods don’t work, your family law attorney can help you file a motion with the court to enforce the parenting time order. The judge may:
Order make-up parenting time
Hold the violating parent in contempt of court
Modify the parenting plan in your favor
4. Contempt of Court
If a parent repeatedly violates the court order, they may be found in contempt. Penalties can include:
Fines
Community service
Court-ordered parenting classes
In extreme cases, jail time
What NOT to Do
Don’t retaliate. Denying your co-parent their time in response only hurts your case.
Don’t withhold child support. These are separate legal issues, and doing so could backfire in court.
Don’t involve your child in the conflict. Keep your child out of the middle whenever possible.
What You Can Expect from Legal Support
Fast action: We'll help you file a complaint or motion promptly.
Clear communication: We guide you on the best steps and help manage communication with the other parent.
Courtroom advocacy: If it comes to a hearing, we’ll fight for your parenting rights.
Post-judgment insight: We understand how to navigate complex custody issues after a divorce is finalized.
Parenting Time Matters
Parenting time isn’t just a schedule-it’s your right and your child’s right to maintain a meaningful relationship with both parents. If that right is being denied, you don’t have to tolerate it.
Contact Harris & Literski today to schedule a consultation and take the first step toward enforcing your parenting time order. We’re here to help you protect what matters most.