In any split household, there will be disputes over parenting time. Child custody cases are never written taking every situation. Even when a non custodial parent has time set aside by a divorce or child custody order, the custodial parent may not always comply.
So how do you get time with your child or children, have your time enforcable by the court, and lessen the chance of denial of parenting time by the other parent? Follow the steps below to not only request time with your child, but document it with Friend of the Court (Michigan) and the Circuit Court.
I gave this one a moderately hard difficulty level as you MUST have every detail in your letter to the other parent indisputably correct.
Plan your time with the child AT LEAST two weeks in advance. Set the pickup and drop off times that you feel work for both yourself and the other parent. Set the location if the location is not outlined in your divorce or child custody order.
Write these down on post-it notes and lay them next to each other in chronological order.
Begin your parenting time request letter with a heading. In this heading, follow the format below:
IN THE CIRCUIT COURT OF (YOUR COUNTY) COUNTY, (YOUR STATE) (PLAINTIFF OR OTHER PARENT) vs. (YOU) (YOUR COUNTY) COUNTY, FRIEND OF THE COURT(OR EQUIVILENT IN YOUR STATE) CASE# (CASE NUMBER) NOTICE OF INTENT TO EXERCISE PARENTAL RIGHT FOR ADDITIONAL PARENTING TIME USPS PRIORITY MAIL DELIVERY CONFIRMATION# 0308 0070 XXXX XXXX XXXX
It is extremely important to include the case number that associates the request to your case, and proof of reciept by other party. I use USPS deliver confirmation, and on the letter, I actually type the tracking number so that the judge or friend of the court can see that the letter was undeniably delivered to the other party, what day and time it was delivered too. I also print the delivery details from USPS's website and include with my copy of the request in a folder for that request.
Read More: Custody Law for Removing a Child From the Mother
The body of the letter, you must outline the pickup and drop off and the locations. Be exact. Make sure to include the actual location addresses so there is absolutely no room for misinterpretations. Also make sure to include the last paragraph for notice that you are sending copies to the court and friend of the court.
YOU ARE ADVISED that (YOUR NAME) intends to Exercise his parental rights with his child, (YOU CHILD OR CHILDREN'S FIRST AND LAST NAMES) in the following matter. 1. The children shall spend from (DAY) evening at (TIME)p.m. to (TIME) p.m. (DAY) evening on (PICK UP DATES EXAMPLE: July 22nd and 23rd). 2. Place of pick-up AND return shall be (ADDRESS, CITY, STATE). 3. The children will need the appropriate changes of clothing and health care items for a overnight visitation. 4. During the exercise of the above parenting time schedule, the children shall be located within the bounds of the (YOUR COUNTY) area. 5. Basis for the exercise of parental rights: Order granted by Judge (JUDGES NAME) on (DATE OF VISITATION ORDER, YEAR).
AS NOTICE HEREOF, The original of this Notice Of Intent To Exercise Parental Rights has been filed with the Court, and true copies have been mailed as indicated below. YOU ARE REQUESTED TO COOPERATE in permitting the Respondent to exercise his lawful parental rights and to notify the Respondent listed below and the Court in writing prior to the date of exercise if there is some legal reason why these rights, as set forth, cannot be exercised at the date, time, place, and in the particulars described.