Parenting
time is generally granted to the non-custodial parent. The
Judgment may state that general parenting times are granted
and leave it up to the parties to decide the dates; or, specific
parenting time hours and dates may be written into the Judgment.
If long distances must be traveled to exercise this parenting
time, some arrangements can be made concerning the circumstances
and the cost of same.
The
issue of co-parenting or parenting time for non custodial
parents is a complicated matter. The Legislature has said
that parenting time shall be awarded consistent with the best
interests of the children. The law also allows that a child
has a right to parenting time with the child's parents except
if it is proven by clear and convincing evidence that parenting
time would endanger the child's physical, mental or emotional
health. The statute also sets forth the factors to be used
by the Court in determining the frequency, duration and type
of parenting time. They include:
“(a)
The existence of any special circumstances or needs of the
child.
(b)
Whether the child is a nursing child less than 6 months of
age, or less than 1 year of age if the child receives substantial
nutrition through nursing.
(c)
The reasonable likelihood of abuse or neglect of the child
during parenting time.
(d)
The reasonable likelihood of abuse of a parent resulting from
the exercise of parenting time.
(e)
The inconvenience to, and burdensome impact or effect on,
the child of traveling to and from the parenting time.
(f)
Whether the visiting parent can reasonably be expected to
exercise parenting time in accordance with the Court Order.
(g)
Whether the visiting parent has frequently failed to exercise
reasonable parenting time.
(h)
The threatened or actual detention of the child with the intent
to retain or conceal the child from the other parent or from
a third person who has legal custody. A custodial parent's
temporary residence with the child in a domestic violence
shelter shall not be construed as evidence of the custodial
parent's intent to retain or conceal the child from the other
parent.
(I)
Any other relevant factors.”
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