Michigan law allows parents to actively enforce their parenting time orders, even when CPS has temporary wardship over a child or places the child in foster care. If you are facing this type of issue, you must contact an experienced Michigan CPS defense attorney as soon as possible. A Children’s Protective Services attorney can advise you on what course of action is best for you and your family under your circumstances.
Parenting Time and CPS Involvement
Parenting time under Michigan law gives parents the right to regular and meaningful contact with their children unless limited by the court for safety reasons. Parents will face additional hurdles in cases involving CPS. During an investigation into allegations of neglect or abuse, CPS may ask the court to order supervised visits or restrict parenting time. The judge may suspend, supervise, or condition parenting time depending on the child’s best interests and safety. Unless a judge expressly suspends or restricts parenting time, parents continue to hold enforceable rights under Michigan law.
Enforcement Through the Support and Parenting Time Enforcement Act
Michigan law expressly defines a “custody or parenting time order violation” as any conduct that interferes with a parent’s court-ordered right to interact with their child.
If the other parent interferes with your parenting time, contact your attorney immediately. Options your attorney may recommend are:
- File a motion with the court seeking remedies such as makeup parenting time, fines, modification of the order, or, in extreme cases, contempt proceedings against the violating party.
- Request assistance from the Friend of the Court, which is specifically tasked with compelling enforcement of parenting time orders.
The Role of the Friend of the Court
Every county in Michigan has a Friend of the Court office that helps enforce custody and parenting time orders. Their duties include:
- Investigating parenting time disputes.
- Making recommendations to the court regarding enforcement.
- Providing forms for parents to file motions without needing an attorney.
In CPS cases, the Friend of the Court may coordinate with DHHS to ensure parenting time orders are implemented in a way that prioritizes the child’s best interests.
CPS Cases and Parenting Time Modifications
Courts in Mid-Michigan (including Ingham, Eaton, and Clinton Counties) are mindful of balancing child protection with maintaining family bonds. Judges often emphasize that parenting time should continue whenever it can be done safely.
If CPS believes safety concerns require limits on parenting time, it must file a motion and ask the court to modify the parenting schedule. Parents can appear at the hearing, present evidence, and ask the judge to continue parenting time so the parent-child relationship remains intact. Depending on the facts and circumstances of the case, the court may order supervised parenting time. If CPS has requested that your parenting time be changed in any way, you should discuss the possible outcomes with your attorney. Your attorney can further advise you on what steps you should take during this process.
Practical Steps for Parents
If you are a parent in Mid-Michigan facing CPS involvement and struggling with parenting time enforcement:
- Communicate through your attorney and request Friend of the Court assistance when needed.
- Document every missed visit or instance of interference.
- Be proactive in CPS proceedings by showing compliance with service plans and demonstrating your commitment to your child’s well-being.
Why Legal Help Matters
At The Kronzek Firm, we understand parenting time disputes involve overlapping laws: the Juvenile Code, the Child Custody Act, and the Support and Parenting Time Enforcement Act. These become even more complex when CPS is involved in your life. We have years of experience defending people in CPS actions. Contact us today and let us help you ensure that your rights are protected, motions are properly filed, and your voice is heard in court.
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling 1-800-KRONZEK or emailing us at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]