We have two real questions here. One is a question of what the law reads regarding a child being unsupervised and the second is what should happen when there is a difference in parenting styles. Both can be answered here.
In the case at hand, the parent that asked the question also indicated the other parent was out drinking with a new partner and would not be home for an additional two hours past the scheduled drop-off time.
Is there a "legal" age children can be left home alone and if so how to or where to report a child being left unsupervised in his/ her home? In Michigan, there is no legal age which has been established by statute as to when a child can be left alone. If you believe that a child is being put in danger by being left alone at home, you can contact Children's Protective Services at the Family Independence Agency and make a referral. The agency will then investigate the matter.
Since there also appears to be a difference in parenting styles, where one parent wants to go about their own social schedule regardless of the arranged parenting-time exchanges, we can turn to solving the problem by agreement, in the original court order for parenting time, or in some circumstances by filing a motion for modification of parenting time through requesting conditions.
When investigating closer we can also see that greater complaints can arise if this is left unchecked that could place the child(ren) in harms way or in the middle of a parental conflict that could be prevented.
In Michigan, parenting time is covered primarily under MCL 722.27a, and further under section 8 of the statute there is an allowance for a parenting time order to contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of parenting time by a parent, including 1 or more of the following:
- (a) Division of the responsibility to transport the child.
- (b) Division of the cost of transporting the child.
- (c) Restrictions on the presence of third persons during parenting time.
- (d) Requirements that the child be ready for parenting time at a specific time.
- (e) Requirements that the parent arrive for parenting time and return the child from parenting time at specific times.
- (f) Requirements that parenting time occur in the presence of a third person or agency.
- (g) Requirements that a party post a bond to assure compliance with a parenting time order.
- (h) Requirements of reasonable notice when parenting time will not occur.
- (i) Any other reasonable condition determined to be appropriate in the particular case.
It is quite reasonable to request that a child be greeted by the other parent or caregiver at the exchange or alternatively at a mutually agreed location if the other parent is unavailable. If the other parent is not available then the parenting time could continue until the next morning at a specific time listed in the order. If the other parent makes a request for the child to be dropped off without supervision the parenting time provision would allow one parent to simply decline and allow the child to be picked up or dropped off at the next time-slot. Having provisions to accommodate for an unavailable parent is wise and prevents the child from having to be dropped off to an empty house, at a stranger's house, or some other abnormal location.
Likewise a parenting time provision can state that a child is not be left unattended until a certain age., allowing a parent to pick the parties' child(ren) up or retain the child(ren) until the next specified time slot instead of the child being left alone and unsupervised. Similarly, I would encourage parents to give each other the "right of first refusal" so in the event that a parent in unavailable to care for their child that the other parent has the automatic preference to pick the child up during the time one parent is unavailable. This lowers daycare expenses, lowers reliance on third-party caregivers, encourages parents to be more available for their own children, and maintains that parents have a preferential consideration over third-party caregivers.
Parenting time provisions can also state that a parent, or other present individuals in the household, should not be under the influence of drugs and alchohol.
By utilizing catchall parenting time provisions there will be greater accountability to the parents to care for their own children as opposed to third-party caregivers that are expensive and often times transitional. Parenting time provisions should always be reciprocal or mutual so they are enforceable in both directions should either parent lapse into a pattern that is detrimental to the children or otherwise places the children with non-parents when a parent is available and willing to care for their child.
If you have other questions that you need answers to you can submit them to laryholland@sbcglobal.net and I will be happy to research the answers for you. For the above question we can provide actual sample language to include in orders, motions, and agreements for you or your attorney to review, just send us a request.
