On January 17, 2025, the Michigan Court of Appeals issued its opinion in the case of Lisa Jenson vs. Stephen Thiel. Stephen requested reversal of the trial court’s order awarding Lisa sole legal custody of the parties’ minor child and suspended parenting time for Stephen.
The parties married in 2011 and had one minor child. The parties divorced in May 2018 and the trial court awarded the majority of parenting time to Lisa (aka sole physical custody). In November 2018, Lisa filed a request to suspend Stephen’s parenting time because of his inability to maintain sobriety. The trial court held a hearing and denied Lisa’s Motion, awarding Stephen parenting time on alternating weekends and Wednesday nights.
On June 18, 2024, the trial court entertained a motion filed by lisa to suspend Stephen’s parenting time. The trial court concluding that Stephen “. . . appeared to cause conflicts, he displayed narcissistic charteristics and irreational behavior, and he failed to appreciate the consequences of his actions.” and suspended parenting time for Stephen. Stephen filed an appeal.
The Michigan Court of Appeals reversed the trial court and restored Stephen’s parenting time. The Court of Appeals determining that the trial court “suspended [Stephen’s] parenting time without making the requisite findings regardng the impact on [the minor child’s] physical, mental or emotional wellbeing.”
Suspended parenting time – The law.
Parenting time is governed by Michigan Compliled Laws, section 722.27a which requires parenting time to be granted in accordance with the best interest of the child. The statute further presumes to be in the best interest of a child to have a relationship with both parents. (See MCL 722.27a(1)).
MCL 722.27a(3) provides a court with authority to suspend parenting time. The statute providing:
“(3) A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child’s physical, mental, or emotional health.”
Conclusion.
There are times when parenting time should be suspended, for example, if a parent is abusive or a chronic addict. However, the burden of proof is on the party requesting suspended parenting time to show how parenting time would endanger the child’s physical, mental, or emotional health. In the case of Lisa Jenson vs. Stephen Thiel, Lisa failed to meet that burden and her trial court victory was reveresed on appeal.
By: Daniel Findling (2025)
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