Quick answer: Yes. Under MCL 722.27a(3), a Michigan child has a right to parenting time with a parent unless clear and convincing evidence shows it would endanger the child's physical, mental, or emotional health. A parent with safety concerns can ask the court to modify or limit an existing order, but must show the change serves the child's best interests.
Parenting time is meant to protect a child's relationship with both parents. When a parent has real safety concerns, Michigan law gives courts tools to respond, and an existing order is not always the last word.
This guide explains the standard Michigan courts apply, the factors they weigh, the conditions a judge can attach, and how a parent can ask the court to revisit an order. It is general information, not a prediction about any particular case.
How Does Michigan Decide Parenting Time?
Under MCL 722.27a(1), parenting time is granted in accordance with the best interests of the child. The statute presumes that it is in a child's best interests to have a strong relationship with both parents, and it directs courts to set a frequency, duration, and type of parenting time reasonably calculated to promote that relationship.
That presumption is the starting point. Safety concerns do not erase it automatically, but they can change how a court applies it.
When Can a Court Limit or Deny Parenting Time?
MCL 722.27a(3) provides that a child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that parenting time would endanger the child's physical, mental, or emotional health.
Clear and convincing evidence is a higher standard than the preponderance standard used in many civil disputes. In practical terms, a court needs more than disagreement between parents or an accusation. It needs evidence in the record that supports a finding of danger.
Courts also have options short of ending parenting time, covered below.
What Factors Do Judges Weigh When Safety Is a Concern?
When a parenting time dispute involves safety, judges look at the best interest factors in MCL 722.23 and the parenting time factors in MCL 722.27a(7). The ones most often connected to safety include:
| Factor | Where It Comes From | Why It Matters |
|---|---|---|
| Reasonable likelihood of abuse or neglect of the child during parenting time | MCL 722.27a(7)(c) | Looks directly at whether the child could be harmed during the time with that parent |
| Reasonable likelihood of abuse of a parent resulting from parenting time | MCL 722.27a(7)(d) | Considers whether exchanges or contact could expose a parent to abuse |
| Domestic violence, whether or not directed at or witnessed by the child | MCL 722.23(k) | A best interest factor in custody decisions and relevant to parenting time |
| Willingness to facilitate the child's relationship with the other parent | MCL 722.23(j) | Reasonable protective actions cannot be counted against a parent under this factor |
| Mental and physical health of the parties | MCL 722.23(g) | Can bear on a parent's ability to care for the child safely |
| Whether a parent can be expected to follow the court order | MCL 722.27a(7)(f) | Affects which terms and conditions a court may find workable |
| Special circumstances or needs of the child | MCL 722.27a(7)(a) | Allows the court to account for the child's particular situation |
No single factor decides the outcome. A court weighs the evidence and the child's circumstances as a whole.
One provision is worth knowing. MCL 722.23(j) says a court may not consider negatively, for purposes of that factor, any reasonable action a parent takes to protect a child or that parent from sexual assault or domestic violence by the other parent. What counts as reasonable is decided case by case.
Can a Judge Order Supervised Parenting Time or Other Conditions?
Yes. MCL 722.27a(9) lists reasonable terms and conditions a court can include in a parenting time order. Examples include requiring that parenting time take place in the presence of a third person or an agency, restricting who else may be present, and any other reasonable condition suited to the particular case.
Arrangements like these are often called supervised parenting time. Conditions can be a middle path when a court finds a concern but not a basis to end parenting time. The right conditions depend on the facts, which is why courts look at the evidence rather than applying a fixed rule.
How Do You Ask a Michigan Court to Change an Existing Parenting Time Order?
A parent asks the court that issued the order by filing a motion to modify. Courts generally will not revisit an existing order without a threshold showing, commonly described as proper cause or a change in circumstances under MCL 722.27(1)(c). If the change would alter the child's established custodial environment, Michigan courts apply a higher standard of proof to the best interest question than when it would not.
Because the standard depends on the existing order and the child's living arrangement, it is worth reviewing the order and the child's history before filing. Each county also has a Friend of the Court office that handles enforcement and can make recommendations in many family cases. It does not replace the judge's decision.
For the broader custody framework, see Child Custody in Oakland County, Michigan: What Parents Need to Know. For changing support orders, see Child Support Modifications in Michigan.
What Evidence Helps When Safety Is the Concern?
Courts decide on the evidence presented on the record, not on accusations alone. Documentation that parents commonly gather includes:
● Police reports, protective orders, and court records from related cases
● Text messages, emails, and voicemails that show relevant conduct
● Medical or school records that relate to the child's well-being, obtained through proper channels
● A dated timeline of incidents, missed exchanges, and changes in the child's well-being
● Names of witnesses who saw relevant events
One more point worth knowing: until a court changes an order, it generally remains in effect. A parent who stops following it without court approval can face enforcement action, even if the concern is sincere. If you are worried about a child's safety right now, speak with a Michigan attorney about the options for asking the court to act.
What If the Situation Is Urgent?
Michigan court rules allow a parent to request an emergency, or ex parte, interim order in limited circumstances, such as when the delay needed to give notice could cause serious harm. The other parent has the right to object, and the court then resolves the dispute at a hearing (see MCL 722.27a). Emergency orders are temporary and are meant to hold the situation in place until the court can hear from both sides.
Serving Clients in Oakland, Wayne, and Macomb Counties
Emily K. Catania is a Birmingham-based family law and litigation attorney who represents parents throughout Oakland, Wayne, and Macomb Counties in custody and parenting time matters. If you have questions about an existing order, contact our office to schedule a consultation. Visit the Child Custody and Support page to learn more, or contact us directly to get started.
Related Reading
Child Custody in Oakland County, Michigan: What Parents Need to Know
Child Support Modifications in Michigan: When Can You Request a Change?
Parental Relocation After Divorce in Michigan: What Parents Need to Know
Divorce Mediation vs. Litigation in Michigan: Which Is Right for You?
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every case is unique, and outcomes depend on the specific facts and circumstances involved. If you have questions about parenting time or custody in Michigan, consult a licensed Michigan attorney.
