English
EspañolCan a parent who committed violence get custody or parenting time?
The judge will take into consideration any act of domestic violence committed by either parent, regardless of whether the violence was directed against, or witnessed by, the child.1 It is possible, however, that a parent who has committed violence will get custody or parenting time.
It is recommended that you seek legal advice from a lawyer to assist you in a custody case involving domestic violence issues. For information on how to find a lawyer, see our Michigan Finding a Lawyer page.
1 See MCL § 722.23(k)
Can a parent who was convicted of sexual assault get custody or parenting time?
Custody and parenting time should not be ordered if the other parent is convicted of committing any of the following crimes against your child:
- criminal sexual conduct in the first, second, third, or fourth degree; or
- assault with intent to commit criminal sexual conduct.
The law also protects your child’s siblings from custody and parenting time with the convicted abuser. However, the law does allow the judge to consider granting parenting time with the victimized child or his/her siblings if both of the parents and the victimized child, depending on his/her age, agree to it.1
In addition, if your child was conceived as a result of the abuser committing any of the above-mentioned acts against you, the offender cannot get custody or parenting time. Even if the abuser wasn’t convicted of one of those crimes, custody and parenting time will still be denied if you are able to present the judge with clear and convincing evidence that the crimes was committed against you.
However, this does not apply if:
- the conviction was based on you being a minor between 13 and 16 years of age at the time; or
- after the conviction or after you presented evidence to the judge about the sexual abuse in your custody case, you and the other parent lived together and took care of the child together.2
1 MCL § 722.27a(6); MCL § 722.25(6)
2 MCL § 722.27a(4); MCL § 722.25(2)
Can a grandparent file for grandparenting time?
Michigan law allows for a grandparent to file for “grandparenting time” under one of the following circumstances:
- the child’s parents are in the middle of a divorce, separate maintenance, or annulment process in court;
- the child’s parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled;
- the grandparent’s son/daughter, who was the child’s parent, died;
- paternity has been established but the child’s parents have never been married and they are not living in the same household;
- legal custody has been given to someone who is not the child’s parent but an adoption process hasn’t been completed;
- the child lives in a home that’s not the home of his/her parents; or
- in the year before filing for grandparenting time, the child lived with the grandparent even if s/he didn’t have custody of the child under a court order.1
However, if both parents of the child are considered to be fit and they both object to grandparenting time, the grandparent’s petition will be dismissed.2
1 MCL § 722.27b(1)
2 MCL § 722.27b(5)
