Can I Release My Kids to Anyone Else Besides the Other Parent – Michigan Law

You’ve planned a visitation perfectly. While you are still waiting for your ex-spouse, someone else arrives to pick up your child. Can I release my kids to anyone else besides the other parent? In this circumstance, you must be wise. Try to approach every situation as though a judge were directing you to arrange the visitation.

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You must devise strategies to make parenting time feasible. You don’t have to consent to it with a stranger, but you may always try your hardest to facilitate parenting time. Find a means to guarantee that your ex-spouse receives the parenting time. In the future, there may come a time when you need to ask someone to pick up your child for you. And you might need your ex-partner to make accommodations for that situation.

Who is allowed to be with my children on behalf of my ex-spouse?

There will be moments when your ex-spouse has a scheduled parenting time but won’t make it. It can be due to an emergency or there is a huge distance between you. Your spouse may send a relative or a significant other instead. Do you say no to parenting time? Do you send off that someone without your child? Of course not.

Unless you have a reasonable belief your child is endangered, you may have to trust that person. The person acting on behalf of your ex-spouse. As long as that person is a responsible person, you have no reason not to. If you say no, you better have a very good reason. You will be explaining your reason to the judge later. By not allowing your child to go to a responsible person designated by your ex, you violated the parenting time order.

Standard visitation orders contain general terms and conditions for drop and pick up. It outlines who is permitted to be present when a child is picked up or left off. This provision states that either parent may choose a responsible adult to pick up and drop off the child. A second responsible adult must be present when the child is being picked up or left off.

By the broad definition of a responsible adult, a boyfriend or a girlfriend can easily fill the shoes. Your ex-spouse can send his or her significant partner to pick up and drop off your child during parenting time.

You do not have the power to decide whether your ex’s new partner can see your children or not. Your existing parenting schedule should define who your child can be with. If such a provision exists. You get to pick who will be present for parenting time with your child. The choice to introduce them to a significant other is yours. Whom your child hangs around with when they are with their other parent is up to that parent.

The court can limit the presence of romantic partners around your minor children. The court can restrict any other individual as well. The addition of a cohabiting partner or new spouse to the family should be a concern. It may be a reason for the other parent to submit a motion to change custody or parenting time.

The introduction of new persons into a child’s life should always be done with caution by parents. It’s disruptive and detrimental for children. Especially when parents push them to meet and build bonds with new partners. These new partners may subsequently leave their lives. A parent’s bad judgment may result in the loss of custody or parenting time. A live-in third party who later the judge will discover to be dangerous to the children.

Can I delegate my parental authority?

You might need to leave your child with a non-parent on occasion. Give your child’s caretaker temporary legal authority to make decisions for your child. This is important if you are leaving on a trip or will be hard to contact for any other reason. You can create a Delegation of Parental Authority to do this.

Certain decisions may have to be made in your absence. Decisions that are time bound or the opportunity to react may lapse. It may not be a life-and-death decision. But, it could be unusually inconvenient and costly if not made promptly.

You have the legal authority to take the following actions on behalf of your child as a parent:

[ a ] Choose the location and time of your child’s visit to the doctor.

[ b ] Consent to your child’s medical care

[ c ] Decide where your child will go to school

Your caregiver cannot do any of the above-mentioned actions. They can only via a legitimate legal document or court order granting these powers.

It is a good idea to temporarily transfer parental authority to a child’s caregiver. Especially when a parent leaves their child in the care of another person. This is crucial when making choices about medical care. A Delegation of Parental Authority (DPA) is a legal document. Parents can use DPA to provide another person the authority to make those choices. To use a DPA, you must have legal custody (sole or joint).

A DPA gives your child’s caregiver the authority to act legally. He or she can do so on your behalf only while you are away. Even if a DPA is in place, the caregiver has no authority to intervene if you are there to make decisions for your child.

The person you provide a DPA to is called your agent. An agent is a person to whom you legally delegate the authority to take action. Action that ordinarily, only you could. Your agent could be a family member, close friend, or another responsible adult.

What should I do to manage who can interact with our minor child?

You may never get comfortable about having your children interact with new people. Not now or in their new lives after divorce. It will probably be worse if you’re dealing with the significant other.

A new partner may influence custody. The best interests of the child must be considered by the courts at all times. It calls for taking a close look at the child’s living arrangements. And this includes any new boyfriend or girlfriend that the parent may have.

The court’s judgment is not made only based on a parent’s new partner. When the court evaluates the best interest factors, there are more to take into account. It can be the child’s emotional and physical needs. It can be parental skills, a history of abuse or violence, and so forth.

Fighting over child custody is not warranted if you simply disagree with the ex’s new spouse. You must have a strong argument. You have to support your notions. The notion is that exposing children to this new relationship will be detrimental.

For instance, the relationship is unstable because they keep separating and reconciling. Violence, drug use, or having a criminal record are also factors to consider.

The children’s best interests are all that matters in custody and parenting time. A person has to have a history of violence against children. Or drug abuse, drunkenness, or criminal convictions. Courts often do not impose restrictions on who can be around your minor child.

Your custody arrangement may be silent about specific third parties. Or anyone being present during parenting time. Your ex-spouse has a right over who can be near the children. You must make an application to modify the existing court order. Have your attorney file a motion. A motion that reflects your wishes if you don’t want a specific party near your child.

You must submit a show-cause request. Ask for it if the other parent disobeys a court order. The court order issued by a family law judge banning a party from seeing your child. A show cause is a petition. It cites your ex-partner in contempt of Court for disobeying the Judge’s prior order.

The court may help a parent avoid violating the parenting time schedule. The judge may grant physical custody to the offending party. The court can also have the offending party receive a restricted visiting schedule.

To avoid all these challenges, it’s best to talk to your attorney. Go over your parenting time plan again. Review the provisions and suggest changes. Ask your attorney to prepare a motion to have the changes included in the parenting time modifications.

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Can I Claim the Child Support I Pay On My Taxes – Michigan Law

Can I claim the child support I pay on my taxes? This is a query that frequently arises in Michigan during consultations. A person is eligible for a tax deduction for child support in the context of family law. Is a custodial parent eligible for a tax deduction? Or does the non-custodial parent who is making support payments get the deduction?

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The custodial parent is often believed to be eligible for the deduction. Divorce court rulings have made tax deductions a shared benefit. There are instances where a spouse gets the deduction for this year and the other the following year. The use of deductions depends on the circumstances.

How does the Internal Revenue Service (IRS) see child support?

The parent that the child spent the most nights with during the year is the custodial parent. The non-custodial parent is the other parent. The payer cannot deduct child support payments from their taxes. They are not considered taxable income to the payee. You are not automatically eligible for a dependency exemption just because you pay child support.

Claiming your child as a dependent

The qualified child of the custodial parent is a child of divorced or legally separated parents. The child meets the residency requirements. The child will be regarded as the noncustodial parent’s qualifying child. This qualification is for the purposes of claiming a dependency exemption and the child tax credit. It is not for the earned income credit. The parent must meet the following four conditions to qualify for dependency exemption:

[ 1 ] The parents:

[ a ] are divorced or legally separated under an order of divorce or separate maintenance,
[ b ] have a documented separation agreement in place, or
[ c ] married or unmarried have always lived apart for the final six months of the year.

[ 2 ] provided the child with more than half of his or her assistance for the entire year.

[ 3 ] have sole or joint custody of the child for more than half of the year.

[ 4 ] with noncustodial rights included a Form 8332, or equivalent statement, with his or her tax return. The equivalent statement must have the same information as the form. The custodial parent must sign the form. (For a pre-1985 or post-1984 and pre-2009 divorce decision or separation agreement, see special rules in Publication 17).

Additional guidelines for claiming an exemption for a dependent can be found in IRS Publication 17.

Claim your dependency exemption for your child based on the exception stated above. Claim the child tax credit for your child who was under the age of 17 at the end of the year.

Claim your Earned Income Credit (IEC)

For taxpayers with low to moderate incomes, there is the Earned Income Credit or EIC. It is a refundable tax credit.

[ a ] A non-custodial parent who has been granted authorization by a custodial parent to claim a child as a dependent is not eligible to make an EIC claim for that child.

[ b ] The IRS will request documents such as school records, birth certificates, or medical records to verify the eligibility of a child claimed by more than one taxpayer.

[ c ] Even if you don’t have a child who qualifies, you could still be able to apply for the credit. For more details, refer to IRS Publication 17 or IRS Publication 596’s rules and income limits.

Avail of the Treasury Offset Program

All or a portion of your federal tax refund may be used to settle outstanding debts. Can be entitled to one if have not yet paid certain obligations, such as child support, back taxes, or state back taxes. Your return will be offset and sent to the organization to be applied to your debt by the Financial Management Service (FMS).

Mail is used to notify recipients of the disbursement of payments. Call FMS toll-free at 1-800-304-3107 if you have questions concerning the Federal Tax Refund Offset Program.

When a custodial parent receives various state benefits, the state is given some past-due child support payments. It’s possible that the custodial parent won’t immediately receive past-due child support payments.

The second spouse may be deemed an aggrieved spouse. The second spouse will be entitled to receive his or her part of the refund. It will be taken from the joint return when only one spouse has a past-due amount.

How does a Michigan family court see child support?

For the purposes of dependency exemptions, the IRS only permits one person to claim a child as a “qualifying child.” This holds true for the earned income tax credit, the child tax credit, the dependent care credit, and the head of the household filing status.

For the purpose of obtaining an exemption from state income taxes, the same guidelines apply in the state of Michigan. All of the couple’s qualifying children are used against the income on the same return. This works with the married parties filing a joint return. But what does the single filer do? Do mothers usually get the first claim?

In Michigan, the tax exemption issue in a divorce frequently forms a component of the judgment. The parent with primary physical custody gets to receive tax exemptions for the children. Whether it is the mother or the father, the court will frequently order the tax exemptions to be divided equally. Split it between the parents if joint physical custody is granted to the parents.

As an illustration, one parent might claim the kids in odd-numbered years, while the other might claim them in even-numbered years. According to the Michigan Court of Appeals, the trial court has broad discretion in this area. It can grant either party the federal income tax dependency exemption for minor children.

The appellate court regarded the allocation of income tax dependency exemption as part of the child support. A component of the child support award rather than the property settlement award. It is thus open to modification.

This classification is just a presumption. The parties and court may also agree on this. The tax dependency exemption should be recognized as a property settlement award. Under these circumstances, it would make it unmodifiable.

If treated as a component of a child support award, the court may modify it. You still need to show a proper reason for a change in circumstances. Changes such as the non-custodial parent getting more overnights than the custodial parent.

A Michigan court order can grant a noncustodial parent the right to make a claim for the child. The parent must still abide by the Internal Revenue Coto to claim the exemption. State law is still subordinate to federal law.

The IRS ultimately decides whether to allow the exemption. This is so despite the fact that one parent may move for a judgment of contempt against the other parent. A contempt against claiming exemptions. This is taken as defiance of the divorce decree in the Michigan family court. When both parents try to use the same child’s social security number, there will undoubtedly be an audit or disallowance.

How can child support affect my IRS Tax Refund?

Before a tax refund is actually seized you will get notified in writing. It will come from the Financial Management Service branch of the Treasury Department. Consider the potential tax refund offset at this time to make a decision. You might be able to lessen the impact of the seizure on your finances.

The best way to prevent receiving a notification of an IRS Tax Refund Seizure is to pay child support on time. If you’ve lost your job or you are having difficulties making your payments on time, you must take action. To alter child support, talk to your local child support agency or visit the court.

You risk a contempt of court hearing, fines, and other penalties if you ignore your child support duty. Or not pay on schedule. Sanctions include the seizure of your tax refund.

If you’re married to someone with child support obligations.

You might be a spouse married to someone who owes child support. If you are not accountable for the debt, you may file an “Injured Spouse Allocation” form with the IRS. The IRS can let you keep your share of the tax refund if you submit the form correctly.

The IRS normally determines this sum based on how much money was deducted from your salary for taxes the previous year by your employer. When you get a notice of seizure, file this form right away or with your tax return.

If you’re in the process of bankruptcy.

Your child support arrears cannot be erased under the bankruptcy code. You are permitted to restructure them and pay them over a three to five-year period. Child support arrears are treated as a priority debt by the bankruptcy court. It means they are paid off before any other debts.

Child support obligations are too significant to be discharged in bankruptcy. This a decision made by Congress based on public policy considerations. Your child support obligation is a priority debt in Chapter 13 bankruptcy. It is not dischargeable. You are required to completely refund any unpaid child support arrears. You must settle missed payments through your Chapter 13 repayment plan.

If your ex-spouse owes you child support.

The state child support enforcement office successfully collects payments from the other parent of your child. You can instruct the IRS to automatically confiscate that parent’s refund if you want them to.

Ask the court to order that child support be paid in this manner. File a petition if the child support enforcement office fails to collect child support payments on your child’s behalf. The Treasury Office will be informed immediately. It will then start the process of intercepting tax refunds. Tax refunds will be intercepted if the other parent of your child falls behind on payments.

The custodial parent might ask the court for help in enforcing your child support order. That is if you don’t make your required payments. If the court steps in, a judge may require uncooperative parents to appear at a hearing. It is commonly referred to as a “show-cause hearing” to justify their failure to make payments.

Delinquent parents could be subject to a number of enforcement measures. It comes in the form of passport loss, pay, and bank account garnishment. The court can opt for suspension of driver and professional licenses. You can face possible jail time.

It can use the IRS to make up for late or missed child support payments. The court can and will seize your state and federal tax refunds.

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Can Child Support Be Determined Based on Parenting Time in Michigan?

Can child support be determined based on parenting time? Child support is calculated in Michigan using a formula. The court may occasionally deviate from the formula if there are compelling circumstances. The assessment must be accurate for the formula to provide an accurate amount.

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The assessment for child support is based on the earnings of the mother and father. Data on the number of children and overnights spent by each parent are also included. To get the adequate amount to sustain the children’s needs, data should be complete and accurate.

How is child support determined?

A parent must pay child support as per a court judgment in order to contribute to the cost of maintaining a child. When a child turns 18, child support typically ends. However, a judge may award assistance for a child between the ages of 18 and 19 1/2 if the child is:

[ a ] a full-time student in high school,

[ b ] has a realistic hope of graduating, and

[ c ] a full-time residence with the parent receiving child support or in an institution

Child support often consists of a base amount as well as additional payments for things like health care and child care. Orders for child support may be made in:

[ a ] Custody or paternity case (if the parents were never married)

[ b ] A divorce case

[ c ] A support case.

The amount of child support is paid for by a non-custodial parent. The amount of child support is determined by the Michigan child support formula or MCSF. The amount of child support is based on the number of children, the earnings of parents, and the child custody arrangement.

The Michigan child support formula should be seen only as a guideline. The Court may deviate from it if it determines that doing so would be in the child’s best interests.

The parent who pays child support is the “payer,” and the person who receives it is the “payee.” If the payee or the child receives public assistance, the state may receive the child support payments instead of the payee.

What is the Michigan Child Support Formula?

The use of the Michigan Child Support Formula or MCSF is embodied in the Michigan Child Support Formula Manual published by the Friend of the Court Bureau under the State Court Administrative Office in Lansing, Michigan. The latest version of the manual was published in 2021.

The 2021 Michigan Child Support Formula has five sections. The manual gives a background of child support in the state of Michigan under the statewide child support guidelines in the first section. Guidelines for determining income are in section 2. Calculating each parent’s obligation in child support is in section 3. Other factors included in child support are found in section 4. Section 5 is the supplement section of additional information regarding MCSF.

The Income Shares Model serves as the foundation for the Michigan child support formula. The amount is first estimated using the percentage of the total income of both parents. The court currently uses software for calculating the amount of child support. They are currently using the Michigan State Disbursement Unit’s Children’s Economic Tool (CET). It is a piece of software that, like in most states, is used to calculate child support in Michigan.

You must also know the cost of the child’s medical and child care. With this information, the CET will calculate the amount of child support owed by each parent.

The term “net income” in the MCSF means all income minus the deductions and adjustments permitted by the manual. The “net income” of a parent that is used to determine support is different from their take-home pay. It is also not the net taxable income or similar terms that describe income for other purposes.

The objective of determining net income is to establish how much money a parent should have available for support. All relevant characteristics of a parent’s financial position are open for consideration when assessing child support. The courts will also estimate potential income. Income also comprises the potential income that a parent could generate. It is subject to a parent’s actual ability, whether that parent has an unexercised ability to earn or is intentionally unemployed, underemployed, or has that ability but has not used it. Incarceration should not be understood as choosing to be unemployed.

What expenses are covered by child support?

Child support obligations or expenses consist of the following:

[ a ] A base support obligation adjusted for parenting time.

[ b ] Medical support obligations that include ordinary and additional (extra-ordinary) medical expenses, health care coverage, and division of premiums.

[ c ] Child care expense obligations.

What is the base support obligation in child support?

The base support amount takes into account two things. The number of overnights spent with children and the parent’s net earnings. The total number of children-in-common is used to calculate base support in order to even out payments for children of the same parents, whether ordered in a single case or several instances.

When less than all of the children-in-common are included, the basic support and parental time offset are calculated as the per-child portion of what would otherwise be due if all of the children-in-common were included.

Calculate the base support for the children in a parent’s custody separately from the base support for the children who reside with a nonparent-custodian when some of the children in common are in that person’s care.

What are medical support obligations?

The phrase “medical” refers to procedures, supplies, tools, medications, preventative care, and similar services and products connected to oral, visual, psychological, medical, and other related care given to or recommended for children by healthcare experts.

Medical support comprises coverage for health care and sharing of premium costs. It also includes regular and supplementary medical costs. Bills for uninsured medical costs like co-pays and deductibles are ordinary medical expenses. Expenses incurred through parental care are not included in regular medical costs. These are expenses for first aid supplies and over-the-counter medications.

Currently, one child’s annual medical costs average $454. There are also uninsured charges beyond the cap on typical medical expenses per year. These are referred to as additional medical costs. In the UCSO, these extra costs are referred to as uninsured health care expenses. Typically, a portion of the additional medical costs is ordered to be paid by each parent based on their income.

One parent must furnish the child with health insurance. This can be defined in a court decision. Coverage could be private insurance offered as a perk of a job. Or obtained in another way from the spouse or household member of the parent. It may also occasionally be public insurance like Medicaid or MIChild. The parent who should provide coverage will be determined by the court. Elements from the MCSF Manual can help decide which parent.

What are child care expense obligations?

Child care support is the actual costs parents have established in child care routines. It can show they have actual, predictable, and reasonable child care expenses. An amount allocated to cover the real child care costs for the children. The amount is based on each parent’s percentage share of the household income. This amount allows a parent or nonparent-custodian to search for work or keep their job. It can also be used to enroll in an educational program to increase employment prospects.

Child care support obligations are calculated on the presumption of continuing net expenses. These net expenses are used to determine the existing child support order. Custodians and parents must inform one another of changes in costs. Parents must also inform the Friends of the Court when they stop paying for a child’s care expenses.

The court can order a reasonable amount for future child care costs. These are for cases where parents or custodians do not have a consistent pattern of child care costs. This decision is subject to the support recipient providing the other parent, and the Friend of the Court the following:

[ 1 ] documentation of the recipient’s job or participation in an acceptable training or educational program,

[ 2 ] documentation of the recipient’s real out-of-pocket child care costs,

[ 3 ] a written request for the conditional child care provision’s implementation was sent to the Friend of the Court;

[ 4 ] evidence that copies of items 1 through 3 were given to the support payer.

The thing to keep in mind is that the MCSF calculates an amount representing the minimum child support. It does not promise to cover all the expenses needed to raise a child. In most cases, the calculations cannot be used “as-is”.

A parent can work, attend school, or search for employment. Child care expense obligations provide support to pay for child care costs for children up to the age of 12. The judge will divide these costs fairly based on the parent’s income.

In their parenting plan, parents might discuss other child support issues. For instance, they could determine how to pay for travel. They discuss covering the costs of special programs, field trips, and other supplemental costs. Some Michigan divorced parents arrange to split the cost of their children’s college education.

Do I still need to pay child support if I have no parenting time?

Parenting time is one of the elements considered in calculating child support. It is not the basis to pay or not pay for child support. Child support and parenting time are independent considerations. Both contribute to your child’s best interests. They are not mutually exclusive. You need both to serve the best interest of your children.

Child support ensures both parents provide for the financial needs of their children. Child support orders are required in every custody case. It’s part of a court order unless support has already been resolved in a related matter.

Although parenting time is factored in determining child support, it is not linked to the obligation to pay child support. Parenting time or overnights is one of many factors in calculating child support. It is not the sole basis for determining child support. You are still obligated to pay child support being a parent of your children even if you don’t have parenting time. If you don’t opt for your right to parenting time, you will most likely pay a higher amount in child support.

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Called Cops for Domestic Violence, But Didn’t Intend to Get Spouse in Trouble

Domestic abuse was reported to the police by a spouse. The spouse had no intention of getting the other spouse in trouble. You called the cops for domestic violence but didn’t intend to get your spouse in trouble. A criminal case exists when domestic violence is alleged. In other words, it’s not you versus your spouse. It’s the state of Michigan versus your spouse.

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A criminal investigation will begin as soon as you use the police as leverage in a domestic dispute. Crime and punishment are what the police specialize in. You won’t have much influence over what happens next after the police arrive. It differs from filing a dismissal in a lawsuit against someone. Calling the police for a domestic dispute needs to be done with caution. What happens cannot be undone.

What is domestic violence?

Domestic violence is a pattern of learned behavior in which one person controls another by abusing them physically, sexually, or emotionally. Domestic violence is any violent act committed against the following:

[ a ] A current or past partner.

[ b ] A person you are or were dating.

[ c ] A person you have a child with. Or,

[ d ] A person you are or were living with.

Allegations of domestic violence typically begin in one of two ways. The police were either summoned to your home as a result of a domestic quarrel. Or the putative victim submitted a Personal Protection Order (PPO) request.

If found guilty of domestic violence, you might face harsh penalties. 93 days to 2 years in prison, $500 to $1,000 in fines, probation, and restitution.

If you have previously been convicted of domestic abuse, you might be sentenced to up to 5 years in prison. You can get a $5,000 fine, up to 5 years of probation, and restitution.

People charged with domestic abuse have fewer rights than those accused of other crimes. The government views it as a serious offense. Police can make an arrest in a domestic abuse case simply on the basis of the accuser’s allegations. The criminal act does not have to have been seen by the police.

Prosecutors can use past criminal behavior to establish guilt during a trial. Including violent outbursts. A great number of innocent people are charged with domestic violence and found guilty.

What happens when your spouse dials 911 and calls on the police for domestic violence?

This is what will happen if you dial 911 to call the police for domestic violence on your spouse. When the police are notified, they will detain your spouse. They will be filing domestic violence charges against your spouse. Most of the time, it is helpful because it keeps the victim safe. Here’s the problem. The caller or you will find it difficult to stop your spouse from being accused and jailed. You reported your spouse committing domestic violence.

You lose a lot of control over what occurs after the cops become involved. The police will come to your home. Charge your spouse with domestic abuse. Take your spouse away to jail.

The police are not your marriage counselors. They are there to protect and serve. They focus on crime and punishment. Domestic violence is a crime. A serious one. Most individuals are unaware of this. Someone will most likely be arrested if a domestic violence call is made.

Many people believe they should be able to dismiss a domestic violence charge. Thinking they initiated the reporting themselves. That is not true. It is the people of Michigan suing the defendant in a domestic violence case. You have absolutely no power to get the case dropped.

The offender may even be required to comply with a no-contact order. A no-contact order forbids your spouse from visiting your and your children. It can be impossible for the defendant to contact you by phone or in person. It might even affect their capacity to work. Before calling the police, you should be certain that you want the other person out of your life.

The court can continue with the case without the victim. The phone call and police report provide more than enough supporting evidence. In most cases, the case will fall apart and not proceed if the victim doesn’t show up. This does not imply that if you skip court, everything will be all right.

The prosecutor can still require you to appear in court to testify. It will be expensive and time-consuming to seek an attorney. Avoid the inconvenience of calling the police and retaining legal counsel. Remember this before you dial 911 for domestic violence. Someone will probably be accused of domestic violence and thrown in jail.

What happens to you if you are facing a domestic violence charge?

Arguments are common in all relationships. When they turn violent and escalate, most people feel compelled to call the police. It can help defuse the situation and perhaps even find a solution.

The first step in any circumstance when you are in immediate danger is to call 911. You can also seek out refuge or advice in the nearest domestic violence program or domestic violence shelter. You have to remove yourself from an abusive environment immediately. You need to develop a safety plan to exit the abusive relationship.

What happens if you’re the one being reported to the police? You need to be aware and imagine what will happen next once the police arrive. What the police knows is that an alleged crime or attack is being reported. The crime is committed against a family member or intimate partner.

This is how your alleged domestic violence situation is going to unfold.

[ 1 ] All reports of domestic abuse must be looked into by the police.

[ 2 ] Your attorney will verify if the police satisfied the requirement for an arrest. The police will try to find “probable cause” to arrest or charge you with domestic assault.

[ 3 ] A fact sheet about the victim’s rights will be given to your spouse who reported the incident.

[ 4 ] Regardless of whether an arrest was made, police will report the incident. They will send the report to the prosecutor.

[ 5 ] Which charges to press is up to the prosecutor. They may opt to omit or increase fees. Your attorney may try to get the charges dropped or reduced depending on the situation.

[ 6 ] You will be accused of a crime and arraigned if the prosecutor decides to proceed with the case. In the district court, a bond will be set. The court will determine how much bond you will be required to post based on the following:

[ a ] The seriousness of the accusations.

[ b ] Your criminal and personal history.

[ c ] Your threat to the public’s safety. And,

[ d ] Whether you are deemed a flight risk.

A reduced bail may be requested by your attorney.

[ 7 ] A felony or misdemeanor charge may be brought for domestic violence. The court will then schedule your case for a pretrial hearing. You will likely be facing misdemeanor charges of assault involving domestic violence. You have three options for your plea: guilty, not guilty, or no contest. You can also choose to remain silent, which counts as a not-guilty plea. A trial date could be scheduled. The best course of action will be suggested by your attorney.

[ 8 ] If you are charged with a felony, the district court may conduct an initial review. It will determine if the matter should be transferred to the circuit court.

[ 9 ] If you enter a not-guilty plea, a trial could take place in the circuit court for a felony charge. Or it will be tried in a district court if the accusation is a misdemeanor.

[ 10 ] You risk penalties and jail time if you are found guilty or plead guilt. Or have your case dismissed. The judge will proceed with sentencing you. Your attorney will of course fight for the least severe punishment possible. They might be able to negotiate a deferred sentence for you if this is your first offense.

You are released if you are found not guilty or if the charges are dropped.

What can you do if you are a victim of domestic violence?

Calling the police should only be done when absolutely necessary. You don’t want your spouse or significant other to face charges of domestic violence. Your spouse can avoid jail time. Calling the police is one option among many. The police are not the people you should call. Most of the time, you only need the other person to get counseling and speak with a professional. The job of the police is to protect and serve, not to resolve your relationship issues.

Here’s how you can help yourself if domestic violence is imminent or ever-present:

[ a ] Be knowledgeable about domestic violence.

[ b ] Let go of any notions that there is a “quick remedy” for domestic violence. Or, the challenges you are experiencing. Recognize that at any particular time, “inaction” could be your best safety measure.

[ c ] Find an ally who believes in you and tell your story. Check if your ally truly understands how you are feeling.

[ d ] Avoid blaming yourself. It is not your fault.

[ e ] Take your fears seriously. It may just save your life.

If you think domestic violence is imminent try to de-escalate the situation the best way you know how. Sit your spouse down and have a conversation to defuse the issue or conflict. Give your spouse some room to breathe and gather ideas. Things will only grow worse if both parties are angry.

Call the police right away if things do get out of hand and there are serious problems and things go too far.

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What to Expect if Your Ex Keeps Violating a Court Order in Michigan

We frequently ask the client about the judge assigned to the case. We typically receive a quick response. Pushback happens from time to time. Why do you require the identity of the judge? Exactly why does it matter? It shouldn’t matter, theoretically. You bringing a lawsuit against your former spouse. The case’s judge should not be relevant. What should you expect if your ex keeps violating a court order?

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Whomever the judge is, the legal advice ought to be the same. Who the presiding judge is should not matter. The fact is that it does. Some judges could be more forgiving than others. One will put up with repeated offenses. If there is even the slightest infraction, another judge will sentence your ex-spouse. Your attorney will advise you to continue submitting a motion to hold your ex-spouse in contempt. Recording instances of the court order being violated repeatedly is the goal. Even judges who are known to be lenient won’t stand for persistent defiance.

Does it matter who is the presiding judge in your family law case?

Judges are lawyers who no longer practice law and were either elected or appointed. It means judges have personalities and viewpoints. They can vary much like people generally do. Family law is one of those special areas of the law. You might present your case to judge number one in one courtroom and receive one outcome. You present your case to judge number two in a different courtroom and receive a different one.

Are there significant differences between those results? Probably none, although judges frequently do not view all facts and issues in the same way.

A family law judge rarely exercises his or her veto powers. This is particularly true in a settlement negotiated by both parties in a divorce. An agreement might be significantly at odds with the children’s best interests. This may be one of the few times a judge may hesitate to approve the spouses’ arrangement.

That is not to argue that judges in family law do not have opinions on agreements. The willingness, knowledge, and intelligence a party enters into the agreement may be called into doubt by a family law judge. It may be uncommon. It does occasionally occur when the court wishes to make sure that each side is aware of what they are doing.

Fathers most frequently ask for a different judge due to a suspected bias. Some judges may still hold to the antiquated notion a child should stay with the mother. Some will simply refuse to consider the case’s facts. Others will form an early grudge, such as if you often arrive late to court and the judge treats you poorly. And this may happen as well when ex-spouses or co-parents violate court orders. Some can be very unforgiving some unusually tolerant.

What should you expect from the presiding family law judge?

We are already aware that judges interpret the application of family law in our cases. We know they will decide based on the law. They will decide based on what is fair and equitable in any divorce case. And, they will decide on custody cases based on what serves the best interest of the child. What are your expectations based on the different issues they need to resolve? You need to understand this because it will influence how they decide on the different issues in a family law case.

Expectations on property division.

Judges normally do not intervene in property division agreements. Spouses frequently resolve property disputes through agreements outside of court. A family law judge assigned to the case may not be aware of the contents of the agreement. Judges in family law instead focus on the final result, which is the actual divorce agreement.

Expectations on spousal support.

Like property agreements, spousal support arrangements are often upheld by family law judges. They do so without intervention. Family law judges do sign the agreements couples present through their attorneys. Judges most of the time approve it unless there is something conspicuous and unique.

The judge may refuse to issue orders in accordance with the agreement. The judge may hold off the orders until the time judge is satisfied the agreement is valid, fair, and equitable. And, that the parties agreed voluntarily, knowingly, and intelligently.

Expectations on child custody?

The judges are aware that the children’s best interests come first. They put that child’s interests first in whatever they do. There may be legal requirements in custody cases before the best interest analysis. In reality, the best interest standard drives the decision-making process.

If it is in the best interests of the children, family law judges like to maintain stability in their lives. Stability extends beyond the children’s residence and living arrangements. Stability also refers to their daily activities, routines, and life events.

Complex orders annoy family law judges. They prefer to keep things simple. They prefer tried-and-true parenting strategies that reduce conflict. Judges in family law prefer joint legal custody. It enables both parents to participate in the decision-making process. Judges prefer getting both spouses’ consent on some significant choices. The exception to this rule is when granting shared legal custody would not be in the children’s best interests.

Judges in family courts lack the time and tolerance to micromanage parents. They don’t want to hear complaints that don’t have a big influence on what’s best for the children.

What should you expect if an ex-spouse keeps violating a court order?

A former spouse or co-parent or soon-to-be ex-spouse can make your life miserable. They can refuse to pay support. Refuse parenting time requests. Or, they can oppose all your efforts to finish your divorce. You can get your case and your life back on track. You may be able to use court actions to change the other party’s behavior. You can ask the court to hold the violating party in contempt. A contempt of court hearing is usually set to resolve court order violations

A “show cause” hearing is also referred to as a contempt of court hearing. A show cause is a court hearing giving an accused the chance to explain why they did not follow the court order.

What do you mean by contempt of court?

The concept of contempt of court and its repercussions rely on what the court has ordered a party to do. It indicates that what the party did or did not do violates a court order (civil contempt). Or, the party disobeyed a court order or offends or denigrates the court’s authority or dignity (criminal contempt).

Civil Contempt

When a party is found to be in civil contempt, the court wants to make sure they follow the order. There is frequent civil contempt of court penalties in family law disputes. They can be any of the following kinds of penalties:

[ a ] A conditional jail time (rarely resorted to)

[ b ] Costs and penalties

[ c ] Limitations on the inclusion of evidence as a result of litigation

[ d ] Damages

[ e ] Attorney’s fees

The results of a civil contempt hearing can be overturned or corrected. That implies that the sanctions may be waived after the party who disobeyed the court order did so.

Criminal Contempt

Criminal contempt cases entail past wrongdoings that the offender cannot undo. Criminal contempt convictions cannot be overturned, in contrast to civil contempt. Criminal contempt of court carries any of the following penalties:

[ a ] 93 days or more in fixed jail term

[ b ] A fine not to exceed $7,500

[ c ] An optional period of probation

[ d ] Damages

[ e ] Attorney’s fees.

How do you apply contempt of court in a family law case?

Parents who refuse to pay child support. Or ex-spouses who disobey custody and visitation rules can be held in contempt of court. They can be subject to harsh penalties. You can apply it when your spouse’s activities hinder your ability to finish your divorce. or prevent them from fulfilling their end of a divorce judgment.

Contempt of court applied to discovery order violation.

Any violation of a court order constitutes contempt. It includes actions taken before the entry of the divorce decree. You and your divorce lawyer may use civil contempt as a strategy. A strategy to compel cooperation from a recalcitrant spouse throughout the discovery process.

Each spouse in a divorce has the right to speak up and seek access to documents. A spouse can ask the other spouse to confirm or refute specific claims. The purpose of “discovery” ensure all parties are aware of the potential issues, assets, debts, witnesses, and evidence. All those mentioned will be presented before the court. A reasonable settlement offer depends on the information gathered during discovery. Good-faith negotiations avoid the cost, expense, and risk associated with going to trial.

Sometimes one side feels they can force the other to accept less than is fair. They do this by limiting access to information. Your divorce attorney may submit a motion to compel discovery to the court. It is an option if a party declines to comply with discovery. If you succeed in that move, the court will issue an order. The order will direct the opposing party to provide the requested information. You can request that the court hold them in contempt if they continue to refuse.

Contempt of court applied to unpaid child support.

In some cases, the motion for contempt isn’t even brought by the less fortunate parent. If you are for paying child support and you are behind your payments, expect to receive an “Order to Show Cause.” This order will be asking you why you shouldn’t be held in contempt. You will be explaining why you failed to make the required payments. Reaching a level of arrears, the Friend of the Court will start proceedings for contempt (unpaid child support).

If the sum is significant, unpaid child support may be grounds for civil or criminal contempt. It can also be grounds for separate felony proceedings. It is important to treat an order to show cause for unpaid support seriously. You should speak with a family law attorney right away to arrange for payment of any unpaid arrears. Have your child support order modified. It should reflect any changes in your situation since the decision was rendered.

Contempt of court applied to parenting time denial.

Refusals to grant parenting time are one of the most common reasons for contempt lawsuits. Both parties are obligated to abide by the court’s custody and parenting time orders. Even if they are only temporary, and parents are to spend time with their children. They should do so on the days and times specified in the parenting time orders. The opposing parent may file a parenting time denial with their local Friend of the Court office. You can do this when the custodial parent refuses to turn over the children at the appointed time.

Usually, only one or two refusals to grant parental time will result in contempt actions. A motion to enforce your custody and parenting time order may be submitted by you and your family law counsel. Your attorney can ask to hold the other party in civil contempt for refusing you access to your child.

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The video recordings are for educational purposes only and should not be considered as the rendering of legal advice. The viewing of these recordings or any recording on any page on this website does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with an attorney for information regarding the specifics of your case.

For additional information and to talk with an experienced, trustworthy, and dedicated lawyer today, contact Goldman & Associates, MI attorneys. We’re here to protect your rights.

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How to Handle Ex Badmouthing You to Kids Without Proof in Michigan

There is a serious issue with badmouthing. One parent is disparaging the other. One parent demonizes the other in the presence of their children. When the opportunity arises, the court will stop the badmouthing. How do you handle ex badmouthing you to kids? You lack supporting evidence.

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You make a consultation call to your attorney about it, which you will pay for. A hearing is scheduled when your attorney submits the motion, which you will also pay for. The cost of your attorney’s attendance in court will also be paid by you. Both partners appear in court with their attorneys to present and defend their motion. If you can present evidence, the court might accept your motion. You’ll eventually have to coexist with your ex-spouse. Think carefully about the arguments and materials you present to the judge. You can be spending a lot for your constant bickering.

What is parental alienation syndrome?

During a divorce, one parent frequently resorts to badmouthing the other parent. This is sometimes referred to as parental alienation syndrome by family law professionals. It is a tactic employed to harm or disrupt the child’s relationship with the other parent.

Parental alienation is the unpleasant outcome of a parent’s bad influence on a child. It causes the child to harbor strong animosity or even hatred toward the other parent. It usually occurs during or after a bitter divorce or child custody dispute. Parental manipulation is used to achieve alienation. This includes speaking poorly of the other parent. The effects on the child may be severe and protracted. Family courts and the Friend of the Court offices are aware of alienating behavior and will not put up with it.

You may be familiar with the idea of parental alienation, but there is no one definition for it. In the fields of law, medicine, and mental health, there is some discussion surrounding it. Toxic parents can actively persuade their children to hate the other parent. This can cause parental alienation. Another scenario is where several family members attempt to sabotage a specific relationship.

It can happen in the open or the seclusion of the parent’s home. It’s done through social media posts or comments from other family members. A parent may disparage the other in the presence of their children. This undesirable behavior may manifest in a variety of ways, including:

[ a ] Criticizing or contesting the parenting decision of the other parent.

[ b ] Blaming the ex-spouse or other parent.

[ c ] Disparaging or maligning the other parent.

[ d ] Lying to the children or providing false information.

[ e ] Resorting to name-calling.

You can say that badmouthing or parental alienation is a form of emotional child abuse. As a form of emotional child abuse, it can manifest in many ways during a divorce or child custody case. Some signs of this form of emotional abuse on children include:

[ a ] Refusing to communicate with the alienated parent’s family or friends.

[ b ] Inability to articulate their feelings, expressing resentment toward the alienated parent.

[ c ] Denial of the manipulation’s impact on how their opinions have changed.

[ d ] Belief that the alienated parent is the bad guy while the manipulative parent is good and honest.

Parents care about their children’s welfare. It is surprising to see how they suddenly lose all concern for how their actions may affect their children during a divorce. Making negative comments about each other is one of the most common dirty tricks. It is employed usually in custody battles.

What are the effects and consequences of parental alienation?

Parental alienation is a pathological disease that affects children in high-conflict divorces. It happens when one parent damages their child’s relationship with the other parent. If the violating parent succeeds in their goal, the child will reject both parents. This will cause severe alienation. Mild and moderate alienation share a component of partial parental rejection.

Research has demonstrated the effect of conflict and parental alienation before, during, and after parental separation. These effects are significantly predictive of children’s psychological and emotional well-being.

Child alienation, brainwashing, pathological alienation, toxic parenting, hostile aggressive parenting, visitation refusal, and pathological alignments are some more names used to describe parental alienation.

A parent can believe that they do not influence their children’s circumstances. They believe the only thing in their control is what they say to them. Parents will sway their children’s opinions about which parent they should live with. A parent may occasionally resort to disparaging the other parent.

The children may feel uncomfortable and suffer detrimental impacts on their well-being. This is the result of hearing these disparaging comments. Children could accept the misleading information or not comprehend the situation completely. A child may harbor resentment or hurt against one or both of the parents. All these can lead to a child no longer wanting to spend time with their parents or feeling secure around them.

Children may suffer from badmouthing even if there isn’t a divorce involved. The negative information or language might hurt a child mentally. Children occasionally imitate this conduct or use language they overhear being spoken. Such behavior can lead the child to lose emotional control. These instances of inappropriate behavior may even amount to psychological or emotional abuse and cause emotional trauma.

The parent who disparages the other parent is endangering the child’s welfare. A judge may decide to amend the existing child custody agreement. A judge can reduce time together with the children. If the child is old enough, the judge may invite them to appear in court. The children can testify about the badmouthing made while the case was being heard. The parent who is being badmouthed may urge the court to hold the other parent in contempt of court.

How do you handle badmouthing or parental alienation?

In extreme cases of parental alienation, therapy may be the only option. The wiser or more experience judges will most likely order therapy. Another option is removing the child from the alienating parent for a while. It can be both necessary and imperative in extreme situations of alienation. More so where there is a complete rejection of a parent. Such removal can have great success, according to research and clinical experience. Otherwise, the alienated parent can exercise some legal prerogatives. You can start with what you know about your situation.

Tracking and documenting instances of badmouthing is important material for your attorney. A child custody arrangement may already be in place. Arrangements could very well change if required to safeguard the child’s best interests. This bad behavior might be used by your attorney to strengthen your claim for custody. It will also safeguard your child’s emotional well-being.

Parental alienation or badmouthing can be avoided with the help of a parenting time plan. You can ask your attorney to include a clause or provision in the parenting time plan for this purpose. Such a clause can serve as a guide for conduct or behavior around your children.

Some of the problems they address might never materialize as issues. The presence of such provision in the parenting time plan guards against them. If they do cause difficulty, it makes the issue easier to handle.

This provision gives the parent access to the judicial system. If you are being maligned in the presence of your children, you have remedies. Attacks of this nature are common when one parent enters into a new relationship.

Parenting plans are the first line of defense against badmouthing. Occasionally extra-legal measures are necessary. A court may mandate counseling or a psychological evaluation. These can be imposed on a soon-to-be ex-spouse who won’t stop acting inappropriately around the children.

The breakup of a parent-child relationship is an instance of emotional child abuse. Whatever the reasons may be. The adversarial aspect of the legal system makes things worse for families. According to some mental health practitioners, the divorce process creates an adversarial environment. Separating parents frequently find themselves in a “me against you” predicament. They end up battling against one another as a result, which can have serious consequences.

Talk to your attorney. You can choose to be proactive about this or you can choose to wait and face the challenges from your ex-spouse.

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Dealing With Ex Leaving the Country Who Has Sole Custody in Michigan

When you discuss child custody, you are addressing two issues. You are referring to both legal and physical custody. Physical custody is where the children spend most of their time sleeping and living. Whoever has legal custody of the children decides what are best for them children. Both parents have legal custody, and only one parent may have physical custody. One might have both. How will you deal with an ex leaving the country who has sole custody of your children?

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You might not have much say in whether your ex-spouse takes the children on vacation for spring break. Having exclusive custody and your ex leaving the country is another matter. It will be different if your ex-spouse takes your children outside the country. A petition for a change in legal residence must be submitted by your ex-spouse. Your attorney can file your objection, after which the court will decide whether to grant it. There may not be a better but it may be the only choice available to you.

What does having sole custody really mean for a parent?

People frequently have preconceived notions about what a particular term signifies. They get their knowledge of the legal system from movies and television programs. The problem with that is that each state has different definitions and laws. The term “sole custody” can have different meanings in different states. Their definition may differ from the one used here in Michigan. This is analogous to the fact that the term “date rape” is not used in Michigan. It does not have a legal definition here in Michigan.

Most people understand “sole custody” as a single parent having sole custody of their child. Keep in mind sole legal custody and sole physical custody are two different things. In Michigan, they can be used interchangeably. Legal custody is the term used to describe a parent’s ability to make crucial choices in the upbringing of their child. This would encompass the child’s schooling and driving license. It could include elective dental, and medical treatment. This also includes religious teaching. Physical custody refers to the primary residence of a child.

In Michigan, one parent can be granted exclusive physical custody. This means the child spends most of their time with them, but both parents share joint legal custody. It is quite conceivable for a child to live primarily with one parent, yet both parents have an equal say in the child’s upbringing. In such a scenario, one parent would not have sole legal custody but would have sole physical custody.

As a parent, you would want to be the only one making decisions. Decisions about how your child is to be raised. You would want to be the only one taking part in the big decisions your child faces every day. You would need to have both sole physical and sole legal custody of your child to be able to do all that.

Even if you have sole physical and legal custody of your child, the other parent may still have an opinion. When a child is with either parent, that parent gets to make daily decisions about little issues but not big ones. Regardless of who gets sole physical custody, it is extremely likely, the other parent will receive parenting time or visitation with the child. It will be so unless the court finds it harmful for the child to see the other parent, which is not very often.

Does having sole custody mean being free to take my children anywhere anytime?

The things you may do as a family should not be restricted because you share custody of your child. Take a moment to review your custody agreement and parenting plan. Consider doing this before you make your dream travel plans. Does it guide you on how to approach travel?

Vacation clauses specify how to inform the other parent of impending trips. These clauses are common in custody agreements. These clauses can set restrictions on what you are allowed and not allowed to do. Your custody agreement contains specific guidelines for vacations, you must abide by them. Or, ask the court to make changes.

Your custody agreement will require that the other co-parent signs off on your travel plans. If that is the case, you cannot leave the country without the co-parent’s consent or permission.

Even if your agreement does let you take your children out of state, that doesn’t mean you can just pack up and leave. In the majority of circumstances, you will need to gather documents. Papers to make aware the co-parent of pertinent information about the travel.

You must in particular offer proof that addresses the following issues:

[ a ] Where are you going on your trip?

[ b ] With whom will you and your child be traveling?

[ c ] How much time will you be on the road?

[ d ] How can the co-parent get in touch with you if needed?

[ e ] You should also give the co-parent a thorough itinerary if at all possible.

As the co-parents, you both sign the document and have a notary public present.

If you have joint custody of a child in Michigan, you are not permitted to leave the state, according to the law. You may move within a 100-mile radius of where you were living. It is part of the custody arrangement, provided you continue to live in Michigan.

You may leave the state if you have sole legal custody, but only if the court permits you to do so.

What’s the consequence of leaving the country with the children?

Gaining court approval for a move is far more difficult. More particularly so when the parents share joint legal custody. As against one parent having sole legal custody. The reason for this is that both parents have a legal custody arrangement in place. Both are actively involved in the child’s upbringing. Both provide support, comfort, and essentials. If one parent moves to another state with the child, the other parent’s ability to regularly visit the child will be hampered.

You cannot leave the state or the country without the express consent of the other parent. You would violate the court’s order and risk losing your parental rights if you do so.

If the co-parent and you are unable to agree on your vacation itinerary, speak with your attorney. It could be time to ask the court to change your custody arrangement.

Here’s another thing you should watch out for, especially if your custody battle was a contentious one.

It is possible to be accused and to be found guilty of parental kidnapping. It can happen even if you are a parent with legal custody of your child. It can arise when separated or divorced parents have a set parenting time schedule. And one parent doesn’t adhere to it. A parent who plans to keep and hide a child from the other parent may be charged with parental kidnapping. A crime that carries a penalty of fines or jail time.

A person is guilty of parental kidnapping in Michigan if the prosecutor establishes the following without a shadow of a doubt:

First, the fact that the person abducted the child or kept the child for longer than 24 hours.

Second, the person had the intention of keeping or hiding the child from the parent or guardian. The parent or guardian at the time had legal custody or visitation rights. It is a person who had adopted the child, or a person who had legal custody of the child.

Violating a custody or parenting time order is a serious offense. So is parental kidnapping. Call your attorney if you are experiencing difficulties in custody and parenting time.

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Do You Have the Right to Know Who Your Ex Brings Around Your Kids in Michigan?

Who is your ex-spouse spending time with in front of your kids? Do you have the right to know who your ex brings around your kids? Girlfriends and boyfriends change with time. Over the course of your life, you had many relationships. After each failed romance, you finally found someone to marry. Someone you believed to be your true love. You got married, then got divorced. This is where your relationship choice really fell short.

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Whatever your motivations, it doesn’t matter who is at fault. Divorce is evidence that your decisions regarding romantic relationships have not been all that wise. The next relationship you have might not be much better. Always keep your life with your children separate. Protect your children from it. Until you are certain that they will play a significant role in your children’s lives for a long time. At least give it some time to wait. It’s not about you, really. Your children will gain the most from waiting it out.

What is the impact of divorce on my children?

Depending on how well the marriage was, getting a divorce might be seen as either a blessing or a curse. Divorce can be as traumatic for children as losing a loved one. After a divorce, children often experience considerable changes. Changes can mean a new or revised living arrangement. Or, the difficulty of having to live with just one parent.

Children of divorced parents show higher levels of anxiety and sadness. They exhibit more antisocial conduct than their peers whose parents are still together. This is true even before the marriage has ended. Children going through a divorce see an even greater rise in anxiety and depression. Parental divorce is linked to serious risks for kids and teens. These risks include substance abuse and addiction, and mental and physical health issues. These children also suffer from subpar academic performance.

Both parents may be devastated once a marriage breaks down. The stress causes primal and potent sentiments of abandonment, loneliness, and dread. Depression or anxiety may result from this.

There isn’t even enough recognition of how terrible a loss divorce can be. How it is for couples and their children. Emotions can be loss, sadness, wrath, betrayal, remorse, and shame. Emotional manifestations following a breakup, regardless of the reasons for it.

Giving your children what they need is difficult. Especially when you are overly exposed and emotionally weak. When a marriage fails, things may become more difficult for you and your children. Divorce frequently causes financial hardship and social problems. Children may think that they are to blame for their parent’s separation. They may feel unworthy, nervous, and sad as a result of their guilt and shame.

One or both parents may eventually need to introduce a new relationship to the children. Oftentimes it comes after they have processed their grief over the loss of their family. The family they had looked to as a source of stability.

What is going to be the impact of introducing new relationships on my children?

It may be crucial to wait before getting into relationships. Wait until you have been divorced for about two years. This gives the kids time to adjust to the divorce. Adapt to changes in living arrangements and the loss of a permanent parent. Perhaps it would be better if you tell your children about your new relationship. Assure them that their other parent was not being replaced.

Parents can be anxious about some measure of happiness and success in a new relationship. They will fight about how much distance to set between their children and a newly emerging romance. It can cause uncertainty and worry in children. Your children may still be fantasizing about a reunion between you and your ex-spouse.

It is important to recognize the strength of the reunion fantasy. Even after one parent has remarried, some kids hold on to the hope that their parents will reconcile. A child’s sense of self is intimately entwined with that of the family. A child still has strong bonds with both parents. Their sense of self is endangered when the family breaks up.

Reputable family therapists will tell you this. When a child “discovers” that their parents are in love, they feel betrayed. They feel betrayed at a time when trust and assurance are most required. Children may already be apprehensive about the changes in their lives. Changes brought on by the divorce and feeling closer to a parent than they did before. They may now feel that trust is violated.

Do I have a say in the new relationship my ex introduces to my children?

If your ex-spouse has court-ordered parenting time, you may have no say about who will be around your children. Your ex-spouse has parenting time, their new partner is allowed to be around the children. This covers a few parental rights. The competence of each parent to raise the child and make decisions about who can be around the child is presumed in the absence of proof to the contrary. Parents who have parenting time have the right to this.

Your ex-spouse with parenting time has the power to choose who interacts with the child while in their care. And this power includes whether to let a new boyfriend or girlfriend be around the children. This is the same right that allows your ex-spouse to choose a babysitter or caregiver. An ex-spouse may also have his or her new significant other watch the children. Your ex-spouse can do so unless otherwise indicated in your parenting plan, decree, or custody order.

The truth is you have little control over your ex-spouse’s new partner spending time with your children. This is especially true when your ex-spouse has parenting time with them. Your ex-spouse is acting under his or her legal parental rights. Your ex-spouse is free to make that decision.

You may not have the legal right to restrict the interaction between your children and your ex-spouse’s new partner. You have to show there is inappropriate behavior. These could be abuse, excessive drinking, or criminal activity.

Ask your lawyer to request a change of the court’s custody and visitation or parenting time order. You can exercise this option if you have proof of abuse or other inappropriate behavior.

If your ex-spouse is seeing someone, it is possible you may also do so in the near future. You have to look at how this new relationship is going to impact the best interest of your children.

Can you still show that love, affection, and emotional bond still exist between you and your ex-spouse? Between you and your children now you have introduced a new relationship.

Are you sure you can still provide guidance to your child with a new relationship? This new relationship is a new mix coming between you and your children.

You are introducing a new relationship into the mix. Can you still offer a stable and satisfactory environment for the children? Can you still show a desirable continuing environment?

Are you showing some permanence in your family unit with this new relationship? Are you willing to protect the bond between your ex-spouse and your children?

Are you unsure or are you saying no to these questions? If you are, you’re about to compromise the best interest of your children with eyes wide open.

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How to Handle a He Said/She Said Divorce in Michigan

A divorce or child custody lawsuit is like any other case in that it depends on the strength of your evidence. There will be occasions when there is plenty of proof to back up specific facts and cases where there is none. Many times, disputes over child custody or divorce come down to who said what. How do you handle a he-said/she-said divorce?

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He-said-she-said disputes during divorce are not relevant in Michigan. It is a no-fault divorce state. No longer does it matter why you get divorced. Of course, there are situations where he-said-she-said disputes are pertinent. Such as in child custody cases. What he and she stated in a custody dispute should be documented in writing and signed under oath. A deposition of what each person said under oath on paper can be entered as part of the facts of the case.

Why is Michigan a no-fault divorce state?

For more than a century, Michigan’s only basis for divorce was a marital transgression. The fault procedure just persisted. It has so despite the possibility that it could lead to unsatisfactory outcomes. It was preferable to the alternatives of divorce by consent, divorce by coercion of an innocent party, or no divorce at all.

Legal scholars and public organizations harshly criticized fault-based divorce for years.

The adversarial tone of the court appeals was criticized for deepening the divisions. It created more rifts between the parties rather than promoting reconciliation. The need to prove some marital offense to get a divorce drew more criticism. This condition hindered the court’s investigation into the true causes of marriage dissolution. It focuses on a superficial “pigeonholing” of relationships to one statutory ground. The marital fault doctrine was also thought to be unreasonable. It attempts to focus the full blame for the breakdown of the marriage on one party. It singled out the person carrying out the offending behavior.

Up until the late 1960s, in order for a divorce to be granted, the petitioning party was always required to prove blame. Couples could not just decide to divorce their spouse because they were unhappy. They were required to present proof that their husband had broken the law instead. Among the grounds for granting divorce was bigamy (in some states). Others choose adultery and abandonment. Still, others went for severe cruelty or abuse, and an inability to perform in the bedroom. It was a breeding ground for he-said-she-said arguments in court proceedings.

These drove hundreds of thousands of couples to stay in unhappy marriages. Even when neither spouse committed any serious crimes. Being apart was never a possibility.

When then-governor Ronald Reagan signed California’s Family Law Act into law in 1969, things began to stir and change. In California, divorcing couples can now do so without blaming one another. They instead cite irreconcilable differences. Other states swiftly followed them. Irreconcilable differences eventually became the norm for divorce in the United States.

Divorce in the United States was revolutionized by no-fault divorce. They don’t have to endure listening to he-said she is at fault and she-said he is to blame arguments and counter-arguments. The increase in divorces led to the creation of special courts in many states. Family courts to deal with divorce and other family law concerns. Courts were able to give priority to urgent cases. They can process divorce proceedings more quickly as a result of efficiency gains.

What is a he-said-she-said defense in a divorce case? What is hearsay?

Whether it’s a divorce or a hearing over child custody, family law disputes are often personal and emotional. Defendants frequently use he-said-she-said type arguments in their defense. They are dealing with important issues involving the future of their family’s dynamic.

This form of evidence is frequently referred to as hearsay. It can be annoying and upsetting. It has a significant impact on how family law orders turn out.

A hearsay statement is a written or verbal declaration made outside of court. They used it to support an assertion. Sworn declarations made in an affidavit or under penalty of perjury are regarded as hearsay.

Hearsay can be presented in family court by the parties or individuals close to the family. It can be by a teacher, nurse, member of the extended family, or a child, even though it is normally inadmissible. These declarations can be recorded prior to a hearing. They are “excepted as provided by law.”

Many judges regard hearsay as problematic. It is also presented during oral deliberations in court. Hearsay has long been used to inflame bias in cases. To skew the outcomes of court orders such as spousal support or custody agreements. He-said-she-said style claims can result in a lot of contradictory back and forth between spouses.

How do I avoid having the judge think I’m lying?

Be diligent about recording your communications in court cases if you are involved. This is especially true and needs to be acted on if you’re going through a divorce.

You have to ensure a court never has to decide whether or not they believe you are telling the truth. Here are some particular steps you may take to interact with the other party and the court:

Use written language to communicate.

Choose to put your conversation in writing wherever possible. This entails sending a text message, a letter through the mail, or an email in place of a phone call.

Keep recordings of conversations between parties.

This may or may not be lawful, depending on the State and the particular circumstances. There won’t be any doubt as to what took place if recording the conversations is permitted.

Put any points of agreement in writing.

Put everything you discussed and what was decided upon in writing. Preferably, after your conversation with the opposing side. Have these agreements or notes signed by both parties in paper or in digital format.

Organize your conversations as you would any document.

You can still record conversations yourself if it is not possible to write them down or record them. Spend a few minutes after speaking with someone to record a summary of the conversation. Keep it along with the date for your own records. Even better if you can accomplish this using a computer application. Find an application that creates an unalterable time and date stamp.

Generally speaking, you cannot rely on another person’s assertion if you are trying to prove something. Most talks that are not under oath or subject to the penalty of perjury are deemed unreliable by the courts.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.