Michigan Custody and Parenting Time During COVID-19

On March 23, 2020, in response to the COVID-19 outbreak, Michigan Governor Whitmer issued Executive Order 2020-21 which was a “Stay Home-Stay Safe” order requiring Michigan residents to shelter in place and restrict travel.  The Order was scheduled to expire on April 12, 2020, however, the Order may be extended and Governor Whitmer indicated on April 6, 2020 that an announcement may be coming shortly.

Many parents have had questions about how this Order affects custody and parenting time.  First and foremost, if you have specific questions, you should seek the advice of an attorney.  However, there are some resources providing general guidance and clarification for handling custody and parenting time issues during this “Stay Home-Stay Safe” order.

First and foremost, Executive Order 2020-21 allows for the transportation of children between homes pursuant to a parenting time agreement.  This is stated in section (7)(b)(4).  Even though we are required to shelter in place, parents can drive children to and from homes pursuant to their custody and parenting time agreements or court orders.  The “Stay Home-Stay Safe” order itself is not grounds for refusing to comply with a custody/parenting time order or agreement.

The Michigan Supreme Court provided some guidance on March 16^th prior to the “Stay Home-Stay Safe” order.  That guidance, found here, encouraged parents to work together to keep things as normal as possible for their children.  To the extent that parents can’t agree otherwise, the written agreement or order still applies and should be followed.

 On April 2, 2020, the Michigan State Court Administrative Office published FAQs about Custody and Parenting Time During the COVID-19 Outbreak.  The most frequently asked questions about custody and parenting time are addressed, along with a helpful list of resources and information.

What happens if parents don’t agree, or a parent is violating the custody/parenting time court order or agreement?  With the “Stay Home – Stay Safe” order in place, most courts are closed or are only handling emergency issues.  It is crucial to check the website of the courthouse for updates and information, and/or speak to an attorney for guidance. For example, Washtenaw County Judges are hearing some emergency issues via video conferencing with ZOOM.  The procedures for the Court are detailed on their website here.  However, as the situation is frequently changing, check back often for updates.

I can help you with your family law needs. I am working remotely during this time of shut-down, and can be reached by email at walton@psedlaw.com, or by phone at 734-328-2858.

Michigan launches Pilot Program: Lawyer-Free Divorces

The Michigan Supreme Court has authorized the launch of a new pilot program in Clinton and Gratiot County for an Informal Divorce proceeding for couples divorcing who cannot afford attorneys.

Judge Michelle Rick of Clinton County Circuit Court obtained approval for the pilot program, and will launch this new program for 3 years in both Clinton and Gratiot county. The program was developed in response to a growing number of individuals who were filing for divorce without attorneys, had very simple or uncomplicated issues to resolve in their divorce, and also significantly lacked funds to hire an attorney because they had no or low income. The majority of these couples did not own any property together, they did not have any pensions or retirement accounts, nor was there any domestic violence in their relationship. The majority of these couples had children, debt, and they completely lacked the financial means to hire an attorney because they were unemployed or at the poverty level.

The Informal Divorce pilot program will be an option for couples in Clinton and Gratiot County as long as they meet the criteria, which means that they have no income or very low income, they do not have any property together, they have minor children and there is no domestic violence. The couple getting divorced can elect to proceed under this new option, which includes meeting personally with the Judge in order to work out the issues in the divorce. The parties can opt out of this program at any time, or can be removed from the program if the program does not benefit their case.

The pilot program for Lawyer-Free Divorces was implemented to address the extreme financial distress of some couples filing for divorce, so that those couples are not lost in the system because they cannot afford legal counsel. The pilot program clearly recognizes the importance of having good legal counsel while going through a divorce, especially with minor children.

The Informal Divorce pilot program is anticipated to begin in Gratiot and Clinton County around September 1, 2010.

You can read the Detroit Free Press article here: 2 Michigan Counties will Test Informal Divorces


If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.