House Bill 4691, known as the Michigan Shared Parenting Act, would change the law to state that children have a right to «
substantially equal parenting time» in which courts would try to provide «balance and equality» in the number of overnight stays children have with each parent.
If after separation you and your spouse have
substantially equal parenting time with the child, then the courts will be reluctant to allow for relocation.
Not exact matches
(d) If the
parents are not actually spending
substantially equal intervals of
time with the child and the
parent spending the greater amount of
time with the child proposes to relocate with the child, the other
parent may, within thirty (30) days of receipt of the notice, file a petition in opposition to removal of the child.
(c) If the
parents are actually spending
substantially equal intervals of
time with the child and the relocating
parent seeks to move with the child, the other
parent may, within thirty (30) days of receipt of notice, file a petition in opposition to removal of the child.
If the
parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that
parent for the greater period of
time or the
parents have
substantially equal periods of physical placement with the child, as an alternative to the petition, motion or order to show cause under par.
36-6-108 (2004)(where
parents are spending
substantially equal amounts of
time with child, no presumption in favor of either
parent arises when one
parent seeks to relocate).
The presumptions referred to in subsection (4)[
equal parenting] are rebutted if it is established that the best interests of the child would be
substantially enhanced by allocating
parenting time or parental responsibility other than equally.
Joint physical custody means that physical custody is shared by both
parents in order to assure the child of
substantially equal time and contact with both
parents.