Custody and Parenting Time FAQs

The other parent is not making child support payments required by court order. Do I have to allow parenting time?
Yes. You must continue to obey the order’s parenting time provisions. You may request Friend of Court to enforce the child support provisions contained in the order.

Will the Friend of Court make sure child support payments are spent on the children?
No. The law does not authorize the Friend of Court to investigate how the custodial parent spend child support payments.

Is the Friend of Court allowed to investigate child abuse or neglect?
No. the Friend of Court does not have that authority. Allegations of abuse and/or neglect must be reported to the Protective Services unit of your local Department of Human Services.

At what age can a child decide where (s)he wants to live?
A child can decide where (s)he lives upon becoming an adult at age 18. Until then, the Court has jurisdiction.

How do I get the court’s approval to move the children out of the state of Michigan?
Parents may agree to a change of residence(domicile) by signing an agreement(stipulation). The agreement is put in the form of an order and signed by the Judge which becomes an order of the court. If you and the other parent do not agree to the move, you may request mediation or file a motion that asks the court to enter an order allowing you to move the children. Filing a motion or notifying the Friend of Court that you intend to move the children does NOT allow you to move the children. You must obtain a court order approving the move.

The other parent will not let me telephone my child. What can Friend of Court do?
Friend of Court can only enforce the written orders of the court. If your court order does not provide for telephone calls, try to negotiate an agreement with the other parent. You may request mediation to assist you in resolving this issue. You may also file a motion asking the court to modify the order to require that you be allowed to telephone your children.

My child does not want to spend time with the other parent. What can I do?
Parents must obey court orders regardless of the child’s age and preferences. Each parent must try to promote a positive relationship between the child and the other parent.

The other parent refuses to see our children. What can I do?
The Friend of Court cannot force a parent to see his or her children. To promote a positive relationship between the child and the other parent, you may wish to consider counseling, mediation or filing a motion to change the parenting time order.