What’s the interplay between divorce and health insurance? What do you need to know about divorce and health insurance? A working spouse usually covers the insurance of the non-working spouse. What happens if you lose coverage because of the divorce?

 Click here to watch the video on Divorce & Health Insurance What You Need to Know

Insurance companies usually end the health coverage of the beneficiary spouse after a divorce. There’s a law allowing non-working spouses to be covered by the working spouse’s insurance. This coverage is usually effective for a certain period. Your ex-spouse has the option to pay the extra premium. Or find a better insurance plan with lower premiums.

You’re going through a divorce (or legal separation). You reflected on major concerns like child support, property division, and child custody. There’s a distinct possibility you have forgotten to consider your health insurance. Your divorce can have an impact on health insurance.  The more you understand about health insurance, the better prepared you will be. 

What do you need to know about health insurance in Michigan?

The Patient Protection and Affordable Care Act (PPACA) established the Healthy Michigan Plan. PPACA or Public Act 107 of 2013 went into effect on April 1, 2014. The act defined the benefits under the Healthy Michigan Plan or HMP. The HMP benefit structure guarantees beneficiaries access to high-quality medical care. It encourages the use of high-value services. HMP also supports the adoption of healthy lifestyle habits.

HMP made health care benefits available through the plan. Governor Rick Snyder signed the Michigan Public Act 107 of 2013 that created the plan. Governor Snyder signed the state law on September 16, 2013.

The Healthy Michigan Plan

Eligibility under the HMP health care coverage is for individuals who:  

[ 1 ]  Are 19-64 years of age.

[ 2 ]  Have income at or below 133% of the federal poverty level. (The Modified Adjusted Gross Income methodology establishes the federal poverty level.)

[ 3 ]  Are not qualified for Medicare.

[ 4 ]  Are not qualified for other Medicaid programs.

[ 5 ]  Are not pregnant at the time of application.

[ 6 ]  Are residents of the State of Michigan

It’s not unusual for people to continue to be without health insurance after a divorce. This reality in health insurance can be true, especially for women.

The methodology for Modified Adjusted Gross Income determines eligibility for the plan. The Department of Human Services rolls out the implementation of the plan. Applications must meet the criteria for Modified Adjusted Gross Income eligibility. 

Citizens of the State of Michigan can avail of services under the Healthy Michigan Plan. They can receive these essential health benefits:

[ a ]  Hospitalization

[ b ]  Maternity and newborn care

[ c ]  Treatment of mental health and substance use disorder treatment services. (It also includes behavioral health treatment).

[ d ]  Ambulatory patient services

[ e ]  Emergency services

[ f ]  Prescription drugs

[ g ]  Habilitative and rehabilitative services and devices

[ h ]  Laboratory services

[ i ]  Wellness and preventive services

[ j ]  Chronic disease management

[ k ]  Pediatric services, covering vision and oral care

The Healthy Michigan Plan covers other medical services when appropriate. There can be cases where participants may be subject to cost-sharing obligations.

Data on Health Care Coverage in Michigan

Three percent of Michigan’s entire population lacked health insurance in 2021. Statista revealed the majority of Michigan’s citizens have health insurance through their jobs. Statista is a research organization for market and consumer data.

Around 115,000 women lose their private healthcare insurance yearly because of divorce. A study by the University of Michigan in 2012 revealed this finding. Furthermore, 65,000 women continue to go uninsured for extended periods. Twenty-five percent% of women are often without coverage six months after their divorce.  These are women who had relied on their partners’ insurance policies.

Many women struggle to keep their private insurance coverage. They are no longer considered dependents under their husbands’ policies. They struggle to afford the premiums for other private insurance options. And many divorced women do not qualify for Medicaid or other public insurance. This is despite the frequent financial difficulty they endure.

Women with employer-based insurance are less likely to lose health insurance. This is in comparison with other women (11 percent versus 17 percent). They are not completely protected from health care expenses. The financial losses associated with divorce make it harder to pay regular expenses. Such expenses include their share of employer-sponsored health insurance.

The University of Michigan study looked into women from the ages of 26 to 64 who divorced between 1996 and 2007. The study included women with modest incomes with ages between 50 and 64. It revealed women are more at risk of losing their healthcare coverage.

What is the impact of divorce on health insurance coverage? Can you lose insurance coverage while the divorce process is ongoing?

A divorce dissolves your status as dependent on a spouse’s health insurance. You will no longer qualify for your ex-spouse’s health insurance plan. 

A legal separation judgment and a marriage dissolution decree are both treated equally. The majority of health insurance companies will end ex-spouses’ coverage.  You could continue as a dependent on your husband or partner’s health insurance. A government plan can make it possible. Confirm this with the provider of the government health insurance plan.

While the divorce process is ongoing, there are a set of orders preventing the loss of insurance coverage. 

You have filed for divorce or legal separation. You have been served with a Petition and Summons for divorce or legal separation. Specific orders go into effect. These orders restrain you and your spouse or partner from taking certain actions. These orders are called ATROs. It’s an acronym for Automatic Temporary Restraining Orders. Find the ATROs on the second page of the family law Summons. ATROs prohibit you and your spouse or partner from altering any insurance coverage.  ATROs include but are not limited to, canceling existing health insurance benefits. Or ending the status of the other spouse or partner as a beneficiary.

The ATROs stay in effect during the process of divorce until the final judgment. Or the Petition is dismissed, or until further order of the court, whichever occurs first.

The final judgment may oblige your ex-spouse or partner to continue paying insurance. If this has been arranged and agreed upon. If it does, you should send the insurer or plan a copy of your judgment. Together with it is a notice informing them you are a covered dependent under the policy. The insurer must give notice of any cancellation, lapse, or change under the policy. The notice includes instructions for maintaining your current coverage as specified in the judgment.

What alternatives do you have if you lose health insurance because of divorce?

If you do lose health insurance coverage, what are your options? Protection is embedded in federal and state laws. Certain federal and state laws offer options for health insurance.

Certain statutes require group plans to provide a beneficiary with ongoing protection. It protects those who lose eligibility due to a divorce from a covered employee. The coverage provides three years of ongoing group health coverage. And then an option for conversion.  

Employer-sponsored group health insurance in the United States covers employees and their families. Employees as per statutes have the right to continue their coverage. It is critical if insurance coverage were to end due to a change in their immediate family or a job loss. The Federal COBRA Act applies to companies with 20 or more employees. It provides certain benefits to employees when insurance coverage ends. COBRA protects this privilege.

Consolidated Omnibus Budget Reconciliation Act more popularly known as COBRA. It is group health, dental, and vision coverage. It offers an option to cover insurance that might otherwise expire. The termination of the coverage is due to a specific qualifying event. The coverage is then temporarily extended.

The employer has 14 days after the divorce to give the documents needed to keep your insurance. The decision to accept the continuous coverage is then yours to make for 45 days. Your insurance coverage will immediately expire. You have to take action within those 45 days. A former spouse has up to 60 days after divorce to respond. You have to confirm if you want to continue receiving insurance through the employer. If you do not, you lose your opportunity to receive insurance via your ex-spouse’s employer.

You cannot always maintain your insurance coverage through the employer of your ex-spouse. It provides only a 36-month extension of your insurance. 

Coverage could end early if any of the following scenarios occur:

[ 1 ]  You cease payment of the premium;

[ 2 ] The spouse’s employer no longer subscribes to group insurance; 

[ 3 ]  The spouse’s employer ends or goes out of business; 

[ 4 ]  You enroll in another group plan. The new plan does not place restrictions on coverage for pre-existing conditions; or 

[ 5 ]  Your current status becomes eligible for Medicare.

This COBRA extension of your ex-spouse’s employer’s benefits will cost you a lot of money. The COBRA plan has the authority to charge you up to 100% of the premium cost. It will also charge a 2% administrative fee. It is likely to cost hundreds of dollars each month to maintain the same insurance. If you’re unemployed, you might not be able or willing to cover this cost right away after your divorce. 

The cost of COBRA insurance renewals is also high. It is 84% of your average monthly unemployment payment.

Michigan does not have a Mini-COBRA Law. It does have one applicable to businesses with 19 or fewer employees. Employees do have the choice to switch to another group health plan. They can switch from a group to an individual self-pay marketplace plan.

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

Both parents have equal chances of gaining and losing custody. The mother by default has custody of the children. A father earns it by marriage or by establishing paternity. How can a father lose custody? 

Click here to watch the video on How a Father Can Lose a Custody Battle in Michigan?

A surefire way to lose custody is to appear in court while intoxicated or high. Another behavior is to alienate the other parent in front of the children. You shouldn’t involve your kids in the divorce proceedings in court. You must protect your kids from the strain and suffering of a divorce. The day you start alienating your ex-spouse may be the day you start to lose custody.

What is parental alienation?

Parental alienation describes the collapse of children’s relationship with one of their parents. This collapse does not show any good reason for it. One parent is usually blamed for the perceived parental alienation.

If you’re a father, you have to read this.

Parental alienation is a type of family estrangement. It is when members of a family become estranged from one another for no clear reason. A child shows an unreasonable preference for one parent. A child avoiding one parent is usually not talked about as parental alienation. It can exist between a parent and child for other reasons.

The concept of estrangement comes in two broad categories:

Justified parental estrangement. A child rejects the parent’s destructive or abusive behavior. Examples of this behavior are drug use, neglect, or desertion, among other things.

Parental alienation. Parental alienation occurs when a child identifies with one parent’s behavior. The child strongly identifies with that parent. and rejects the other without good reason. Here’s the distinction. The child’s rejection has nothing to do with anything the rejected parent has done.

We posted an article about parents losing custody, 3 Reasons Parents Lose Custody Of Their Kids In Michigan. In that article one of three reasons for losing custody is alienating the other parent.

Parents can show parental alienation through certain behaviors like:

[ a ]  Badmouthing the other parent.

[ b ]  Informing children the other parent does not want to visit them.

[ c ]  Obstructing parenting time.

[ d ]  Putting the blame for the divorce on the other parent.

Parental alienation is often accompanied by narcissistic or borderline behaviors. Self-centeredness and weakness in listening to others’ contrasting viewpoints. These are two characteristics of narcissistic people. Narcissists place a strong emphasis on their own desires, thoughts, feelings, and beliefs. They disregard the goals and viewpoints of others.

A parent who is more narcissistic and who alienates children may try to “destroy” the other parent. They do this by using the kids as tools or pawns in the conflict. These people assert they are defending the children from the “evil” other. They show little regard for what is in the best interests of the child. Narcissists use the children in their never-ending battle to harm the other parent.

Fathers are often the parents who experience parental alienation. Mothers can also experience it, and it does happen. The children are the ones that suffer the most, regardless of which parent is to blame for the alienation. This kind of severe emotional abuse can damage the bond between parents and children. It can persist for the rest of the child’s life.

We have described what parental alienation looks like. Are you manifesting any of the above behaviors? For your sake and your custody case, we hope you are not.

What is the effect of parental alienation on children?

Having both parents around generates a lot of benefits for children. One parent criticizing the other does not create a gain for anyone.  It’s actually the opposite. The aftermath of divorce hurt children.  They suffer when their parents involve them in their power struggles. Parents with vengeful goals are oblivious to the needs of their children. Children suffer when parents use them and focus only on their personal goals. It is a form of abuse.

Parental alienation has terrible psychological, behavioral, and spiritual impacts on children. Denying contact with the alienated parent amounts to cruel and unusual punishment. It affects both the parent and the child even in the absence of abuse or neglect.

Parental alienation is a severe child protection issue. It violates a fundamental tenet of children’s social justice. Children have the right to know. They deserve to be cared for by both parents.

The Association of Family and Conciliation Courts conducted a survey at their conference. The survey in their 2014 conference polled respondents about parental alienation. Ninety-eight percent of respondents agreed children might be persuaded to reject a parent. The parent who doesn’t deserve it.

Research shows a sizable fraction of parents in high-conflict custody disputes suffer. It creates psychopathology and personality problems.

This leads to the familial dynamics below:

(1) The dynamics also strain the relationship of the alienating parent with the child.

(2) The need of the child for a relationship with both parents is not acknowledged, and

(3) The alienating parent distorts and paints an unfavorable view of the other parent.

Parental alienation affects at least 3.9 million children in the United States. Data show they are “moderately to severely” alienated from a parent. This is according to The Parental Alienation Study Group. We have three times more parent-alienated children in the United States than there are autistic children.

How can you be the better man in your custody battle?

We have always mentioned this biased of the Michigan courts for children’s well-being.  The courts want both parents to be around their children if possible. Don’t attack or compromise the relationship of your ex-spouse with your children. By doing so, you also compromise stability in their lives. 

Fathers must represent strength, not aggressiveness. You can manifest strength in so many ways. Alienating your ex-spouse does not do it.

Long story short: avoid alienating your ex-spouse. Don’t put yourself in situations that get you branded as an unfit parent. Never criticize your partner in front of your children. Don’t involve the children in your and your former spouse’s disagreement. It is bad for their young psyches and makes the process challenging for them. It might be challenging to control your dissatisfaction. Or even your rage. More so when you must contend with a vengeful spouse or an ex with malicious spouse syndrome.

It can be challenging to put yourself in check. It is a must to maintain emotional control in stressful situations. A divorce or a child custody dispute can be a stressor. The urge to give in to your emotions and explode in a fit of rage could be strong, but you must resist it.

Courts will not award custody to a parent exhibiting strong, uncontrolled emotions. particularly ones like rage. Not in Michigan. Even if your spouse is enraged and spiteful, it is best to refrain from responding. Don’t respond in kind since doing so will only make things worse for you.

One parent’s alienating sentiments can also end in emotional estrangement. It can be worse because it occurs when a child begins to prefer a parent-free home. The courts have a zero-tolerance policy for this conduct. It will severely admonish any parent who engages in it.

No matter how little you think the other parent has done to deserve it, treat them with respect. Honorable conduct will not only assist in the protection of your child. It gives the court the opportunity to see why you are the best individual to advocate on their behalf. It’s not appropriate to demonize or criticize your spouse in front of other people.

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

Spouses in a divorce center on different things.  Some focus on the assets the parties have accumulated. Some focus on the debts they have to resolve while others are more focused on the child. They focus on custody, parenting time, and child support issues. What do you mean by a child-centered divorce?

Click here to watch the video What Is a Child-Centered Divorce in Michigan?

The case starts out with a single focus. As separating spouses get closer to the end of the case, they get involved in other things. They suddenly involve themselves in all aspects of the divorce.  A divorce case is an evolving process. Your initial concerns will change as the life cycle of the case progresses.

What needs your attention in a divorce?

What is important to you? It can be overwhelming after your attorney educates you about what to expect in a divorce. The initial shock or effect of knowing what comes after can get to you. 

There aren’t many ways to avoid the Michigan divorce procedure, which you won’t like. How you and your soon-to-be ex can complete your divorce is up to you.  You and your spouse must have resided in Michigan for at least six months before filing for divorce. Parties in a divorce settle property, debt, child custody, alimony, and other matters. A lot of discussions need to happen as soon as possible between you and your spouse. If so, you should start the divorce process in the county where you or your spouse last resided.

Since divorce is an evolving process. Your priorities and focus can change while going through the divorce. You will find yourself focusing on things with different levels of importance to you.

Let’s mention aspects of divorce you may have to focus on. 

Property division.

Property is either classified as “marital” or “separate” and is then divided. In Michigan, separate property is exempt from distribution, whereas marital property is. The courts must establish which of the categories the property items belong within. Once you learn about separate and marital assets you become conscious of what you have. How much more or how much less can change your focus? The judgment of divorce can determine the quality of your life after divorce.

Child support.

Child support is a sum of money ordered by a circuit court for a child. This financial support pays for child care, education, and other costs of raising a child. It may also include covering medical, dental, and other healthcare costs.

Financial and emotional support are necessities for all children. Every child must receive support from both parents. It is crucial for parents to cooperate even when they do not live together to assist their child. The involvement of parents in their children’s lives is an opportunity. It is an opportunity for children to achieve their greatest potential. Depending on how much love there is can determine how contentious child custody will be. Parents express this concern often at the beginning of the divorce process.

Spousal support.

Spousal support is a payment made by one ex-spouse to the other during or after a divorce. Spousal support ensures that each spouse can meet their financial obligations. This can come during and after the divorce process. The level, frequency, and length of support will vary. It varies depending on your particular situation. You and your spouse must agree on a spousal support amount and duration. The court upholds decisions about support if agreements are fair to both parties. 

Child custody and parenting time.

Child custody is the legal obligation to care for and govern your child until they turn 18. The court grants custody to one or both parents. Parenting time and custody arrangements are crucial choices. It determines where your kids reside. How frequently they see each parent, and who gets to make big decisions for them.

Make a list of the concerns you need to bring up with your attorney. Organize the items on your list that you can all agree on. Make a separate list of topics you can admit you don’t know enough about.  Another list you know you’ll be able to agree on or you know enough about to be able to say you won’t agree on. Give your lawyer a copy of this list, and let him or her help you discover some common ground. It will not cover everything but it’s a good start for what can be a productive discussion.

What dimensions of divorce do you need to deal with?

Separating spouses will understand the divorce process. When they do, it changes their perspective. When you have been through the initial process, it becomes clear there are more things to deal with.

The things to understand, learn, and focus on in a divorce.

The kinds of divorce.

You have to understand what kind of divorce you’re filing. It is important because each kind has a different process and requires different forms. There’s contested and uncontested divorce. There’s divorce with minor children and divorce with no minor children. Divorce with minor children will require filings for child support and parenting time.

The requirements of divorce.

In the state of Michigan, there are particular residency requirements. You must adhere to state-specific requirements before submitting a petition to Michigan courts. If the divorce from your former husband is still pending, you should consult a lawyer.  You should have all prior divorce cases dismissed. Courts need this before beginning a new divorce case. 

If your spouse has never lived in Michigan, the judge’s decisions can be more limited. A Michigan court may have no authority if you have no residency. It may not be able to decide on certain matters. like child custody, child support, and parenting time.

The timelines.

The court can consider a six-month plan for a divorce involving children. The court wants you to think about certain things because they could have an effect on the children. Of course, this schedule can change at the discretion of the court and statutes. If you are divorcing without children, the court will have other considerations. You have 60 days to settle your divorce litigation. The court follows a timeframe, even if you’ve already sold off some of your possessions.

There are further deadlines, such as summonses served within 90 days. This suggests that there must be a deadline for serving the summons. It is impossible to start a case without a valid summons. The court must issue a new summons if the original one expires. You and the other party need to comply. It is critical for various divorce-related actions to move forward. This lack of control over timelines can be an irritation. More so if you are concerned about the cost and time-sensitive priorities.

What do you mean by a child-centered divorce?

As it involves ending the marriage, going through a divorce may be one of life’s most difficult stages. It is well-recognized that divorce has a negative impact on children. Sons of divorced parents in the US experience divorce at a rate of 35%, compared to 60% for daughters. History repeats itself with more certainty with daughters than sons.

Parents may be unaware of the long-term impact of divorce on their children. Couples must reflect on and have a conversation about how divorce can affect their children’s long-term mental and physical health.

An acrimonious relationship between parents during a divorce can cause adverse short-term repercussions. It can have adverse effects on children. These adverse effects include anxiety, recurring stress, mood swings, irritability, intense sadness, and disillusionment. 

Long-term repercussions include behavioral and social problems. Children will experience troubled relationships and even substance abuse.  Children of divorced parents will have poor education. They will have challenges uplifting themselves socio-economically.

In a child-centered divorce, attorneys help their clients make decisions about the divorce. It centers on considerations and decisions reflecting what is best for the children.

It is the goal of divorce negotiations to make sure that a couple’s children are as untouched by the split. Lawyers try as much as possible. They hope children can carry on living happy lives. And continue having good ties with both parents despite the parents’ separation. For this to proceed as well as possible, the spouses should be on somewhat good terms. and prepared to cooperate. Putting the needs and wants of the children before their own. Separating spouses must emphasize the needs of children. Focus on how this arrangement might benefit them is crucial. Child-centered divorce can be an emotional journey. It is more taxing for the parents at first.

Child-centered divorce reduces the stress and mental turmoil many children experience. The approach makes sure that parents collaborate. They work together to determine what is best for their children. Then take the necessary actions to uphold that choice.

Children move through the process in a smooth manner. And go on to lead fulfilling lives. They can do so in both of their parents’ separate homes. Thanks to effective co-parenting and little parental conflict with a child-centered approach.

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

Vengeful divorce. My ex is making me miserable. What do you do if your ex-spouse is hell-bent on making you miserable? 

When two parties get divorced they turn over the jurisdiction of their marriage to the court. You are designating someone to be a referee in the person of a judge. Saying your spouse is vengeful is a perspective. It’s your description of how you are reacting to the other person, your spouse.

Click here to watch the video on Vengeful Divorce My Ex is Making Me Miserable

Courts in Michigan don’t have to know what’s driving the divorce. It will grant any divorce for as long as it complies with statutes and there are no contested issues to resolve. The court will determine the outcome of your case with fairness and equity. The degree of vengefulness of your spouse is not a factor in your divorce.

Will a vengeful spouse be a factor in my divorce proceedings?

The courts in Michigan prescribe certain requirements before filing for divorce. There is also a host of requirements during the divorce process.

Spouses in Michigan will be complying with particular residency criteria. Couples must meet these criteria when seeking to dissolve their marriage. You must adhere to various state-specific requirements. These requirements must be correct and complete before submitting to the Michigan courts.

One spouse must have the residency requirements. You can consummate the marriage anywhere. Or where the other spouse resides at the moment won’t matter. Only the residency requirements matter.

If there are no children involved in the divorce, the waiting period in Michigan is 60 days.

Rendering divorce judgment within sixty days or less makes the divorce void. A court can waive the six-month waiting time. It’s a discretion allowed under Michigan law, but not the sixty-day one.  The judge may shorten the waiting period when there is “severe hardship”. Or such an urgent need appeals to the conscience of the court. But never less than sixty days.

Following the filing of the complaint, the opposite party has a set period of time to respond.

The court sets a waiting period of six months for divorce in marriages with minor children.  The Michigan judicial system faces significant pressure to render decisions in divorce matters. This pressure stems from the obligation to render decisions within a year. The majority of child custody disputes run more than six months. But they occasionally end sooner than a year.

There is an alternative to protracted court battles. The alternative is collaborative divorce. 

In a collaborative divorce, parties agree to end the marriage without going to court. Instead, the parties consult with trained professionals. Your spouse and you will attend a court hearing as part of the collaborative law process. The parties request the court to ratify the agreement you two came up with together. Professionals assist in the process. The parties can safeguard their privacy. That while avoiding the hassle, cost, and unpredictability of divorce litigation.

A vengeful spouse can make any of the above proceedings difficult for you. Getting around it is going to be challenging but not impossible. Your spouse’s vengefulness is not going to be a factor in your divorce.

Do I need to worry about my vengeful spouse?

You’ll find bothersome behaviors in a vengeful spouse. In all the divorce procedures, all that behavior will now hound you. It will have many opportunities during the divorce process.

You will see it exhibited in the following phases of the divorce process.

You have a “cooling off” time throughout the waiting period. 

The phrase “cooling off” period may not be the ideal word to use with a vengeful spouse. Think about all the things your vengeful spouse is about to do. Your spouse is going to be a difficult partner at home and at work. The waiting period presents an opportunity for your vengeful spouse.  An opportunity to cause “minor” and “infuriating” troubles.

The filing of the divorce complaint.

Both of you were very vocal about it. It’s possible that you already knew it was coming. A vengeful spouse might want to enjoy the satisfaction of seeing your expression. Especially when they deliver the divorce papers as a “surprise”. In your situation, the surprise might be contextual. It can cause a grimace, jaw-dropping wrath, or annoyance. Your vengeful spouse will find satisfaction in it.

The response to the complaint.

Your vengeful spouse could want to wait until the very last minute to respond to the complaint. Although you can’t be sure if their attorney will enjoy it. To block the process from moving forward, your opponent might wish to respond at a turtle pace. Or take their time to almost any gesture to keep the process lagging.

Defying court orders.

Your partner can enjoy disobeying court orders to make you go around in circles. To spite you, a vengeful spouse can risk receiving a contempt citation. The lying part will come in helpful. Your vengeful spouse will resort to lying when the court mandates an inventory of assets. This is in preparation for the property division. A vengeful spouse may even use the children. The spouse can use children as a negotiating chip when it comes to parenting time and custody.

The discovery phase.

It is at the discovery phase that your vengeful spouse will lie and obfuscate to the best of their ability. The spouse will be reluctant, secretive, and use delay tactics. When delivering necessary documents and information, you won’t actually get anything discovered.

The arbitration or mediation process.

Delivering annoyance is the sole goal of being vengeful. Make you angry. Finding common ground is the aim of both arbitration and mediation. The only thing a vengeful spouse has in common with other people is their desire to knock you to the ground. Because the vengeful spouse won’t give in or compromise, there won’t be a middle ground.

Your vengeful spouse is going to try a lot of things to poke at you. Remember that courts have processes. Courts and judges follow a schedule. It can be slow but it will bring every case to an end. Stay focused because the court is single-minded when it comes to resolving your case. The court will do it within the schedule prescribed by law.

What should I do to deal with a vengeful divorce?

A vengeful spouse is a vindictive person. We talked about a vindictive spouse a while back in an article. The article was, “How To Deal With A Vindictive Spouse During Divorce In Michigan.” The article talked about what a vindictive spouse can do to you in the course of the divorce. Michigan subscribes to a “no-fault” divorce. 

There is no secret to avoiding a vengeful spouse. Your partner is a person. That person is suffering. It’s your fault. It may be or it may not. It could be your spouse’s fault or undoing. The fields of psychiatry and psychotherapy are professions dedicated to treating such suffering.

Here are some things you can do.

Talk to your attorney.

Wizards won’t be necessary for divorce. You need a good attorney. So the first wise course of action is to hire a competent lawyer. One who shares your expectations for how your divorce will proceed. We advocate this. Hire a lawyer who shares your goals for how you and your spouse want the divorce resolved. Your lawyer may even have had success handling a vengeful spouse in the past. Your attorney knows the court processes and requirements.

Consider talking to your spouse.

We know it’s difficult. It’s challenging already because of the term vindictive. The conversation should be about the children instead of you and your spouse. You should try, especially if there are young children involved in the divorce. You must discuss how the divorce process affects the children. How being apart from them is its ultimate result. Both of you ensure that your children comprehend these concepts. You will need to explain things to them and work together. Not for your benefit or that of your spouse, but rather for the benefit of the kids.

Worry about the financial future of everyone.

Worry about child and spousal support. You must worry about finding a place to live and better ways to make a living. Adopting a collaborative mindset helps. It helps in maintaining the way of life and the standard of living of your children.

Be conscious of your behavior.

You must be deliberate in your actions. Your vengeful spouse is already after you. Avoid acting in a way that stokes your spouse’s resentment. You must also exercise discipline.  You might bring a behavior as a response to your spouse with you. Your own children might witness how you react to your spouse.

When desperate, avoid using your children.

Don’t badmouth your spouse to your children out of frustration. Avoid doing it. It won’t be beneficial for your children. It won’t benefit you in any way when the court is deciding who gets to keep the kids, either. Do not try to earn your wife’s favor by using your child as leverage.  Leveraging by preventing contact or limiting parenting time.

Do self-care for your mental and your emotional health.

Even the mere thought of divorce is stressful. A vengeful wife makes it much more challenging. Look for more innovative and effective ways to reduce your stress. If you think you need it, seek counseling or therapy. Identify your center. To maintain your attention on what’s important, gather yourself.

The court proceeds with a divorce regardless of what is motivating or causing it. In all the drama that surrounds divorce cases, the court focuses on the child’s best interest. The court sticks to the procedural and statutory requirements of the divorce case. And so should you.

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

The court-ordered parenting time schedule will be thrown off if you move your child. The effects of the child’s new residence should be considered by you.  What you need to know about relocation & change of domicile is not about filling up forms. The established routine of the child, which includes parenting time, is significantly impacted by relocation and changing of residence.

Click here to watch the video on What You Need to Know About Relocation & Change of Domicile in Michigan

The court must be informed of the important reason for the relocation. There is a lot of work to do in order to justify moving. An attorney will need weeks to compile the information to learn more about your change of address. Hearings will be scheduled by the court. Motions must be submitted. Your court filing for your proposed change of residence must be completed months in advance.

The question of relocation and change of domicile is not really much of an issue of divorce as it is of child custody and parenting time. Relocation and change of domicile are disruptive decisions affecting the routine of parents and children alike. You chose a home, a residence, or a domicile for stability. A sudden move to change is the opposite of stability.

What is a domicile?

The question of determining residency and domicile is material to the determination of tax and the administration of service to residents of a particular state. Any state would like to know who should be under their tax laws or who should access benefits provided by the state.

According to section 206.18 of Chapter 206 Income Tax Act of 1967 of 2016 Michigan Compiled Laws a resident is defined as:

[ a ]  It applies to natural persons, a person who is domiciled in the state.

[ b ]  It applies to an estate, a decedent’s estate who was a resident of this state at the time of his or her death.

[ c ]  It applies to a trust, any trust established by the will of a decedent who, at the time of his death, resided in this state, as well as any trust established by, or made up of, a person residing in this state, at the time the trust becomes irreversible.

[ d ]  It applies to a corporation, the term “resident” denotes a corporation formed in accordance with the laws of this state.

A taxable year is presumed to have ended on the date of death for the purposes of the definition of “resident” under the tax code.

A person’s “domicile” is the location of their true, fixed, and major residence, from which they expect to return anytime they are away. A person’s domicile lasts until they establish another permanent residence. If a person changes their status from resident to nonresident or vice versa throughout the tax year, their taxable income must be calculated separately for each status. A person is considered to be a resident who resides in this state if they spend at least 183 days here during the tax year or more than half of the time during a tax year that is less than 12 months.

You are allowed to have more than one residence, but only one domicile at a time. This domicile is kept up until a new permanent residence is found. Your domicile can only be altered once all of the following conditions are satisfied:

[ 1 ]  You specifically intend to leave your current domicile,

[ 2 ]  You specifically intend to acquire a new domicile, and

[ 3 ]  You have physically moved into your new domicile.

You must provide precise evidence for each of these three conditions.

How Will Relocation or Change in Domicile Impact a Custody Order?

Remarrying divorced parents or one parent being given a new job may require moving the children under a Michigan child custody decree more than 100 miles from their existing legal address are both common occurrences. People or families can have legitimate reasons for moving and relocating, a trend in urban migration seen already in today’s population.

What Are the Common Reasons for Relocating or Changing Domicile? 

Here are common and legitimate reasons for families or couples moving.

[ a ]  Job changes and career opportunities

[ b ]  New relationship or change in lifestyle

[ c ]  Preference for a specific school district

[ d ]  Financial restrictions and challenges

[ e ]  Rent or buy choices in housing

[ f ]  Need for more livable space

[ g ]  Change of ambiance and scenery

[ h ]  Recovering from or avoiding COVID-19

When parents have a court order for custody and visitation, the document specifies their legal responsibilities with regard to a child’s relocation. Whether a parent needs a court permit before moving depends on the sort of custody they have. A parent who receives sole custody of a child is given complete legal and physical custody of the child. As an alternative, if joint custody is granted, both parents share the child’s legal rights and are required to routinely see the child. 

Changes to a child’s domicile may be prohibited by a Michigan custody order. If so, a fresh court order must be requested by the parent who wants to move away with the child.

What Kind of Relocation Requires Approval by the Court?

Changes to a child’s domicile are prohibited by Michigan custody statutes unless certain conditions are met. Any move to a home more than 100 miles away from the child’s existing abode necessitates the consent of the other parent or court approval. Even if it’s only a few miles away, a court must allow the move if one parent wants to take the child to a home in another state. However, the parent will probably still be required to participate in court proceedings after the move. 

What Do You Need to Do to Get Approval From the Court?

The parent who wants to change the child’s residence must submit a motion with the Michigan state courts if the other parent objects and judicial approval is necessary. A justification for the motion is required. Relocation is frequently done for work-related reasons, educational possibilities, or familial ties. It is legal for one parent to object to the move and request a court hearing. The court must consider a number of issues before rendering a ruling.

The court must take into account whether the relocation could enhance the child’s quality of life or damage his or her relationships with both parents. If the judge approves the transfer, the court must also consider each parent’s track record of compliance with the existing custody arrangement to assess if the relocated parent would adhere to a modified visitation schedule.

What Are the Exceptions to the Rule Regarding Relocation?

The 100-mile limit defined in Michigan Compiled Laws § 722.31(3) has two exceptions. 

First off, as long as you stay in Michigan, you do not need the court’s permission to move even further apart if you and the other parent were already more than 100 miles apart at the start of custody negotiations.

Second, you do not need the other parent’s permission or the court’s approval before moving if domestic violence is a threat. To find a safe place, you are free to travel without permission as far as you need to. You can even bring your child. You must nonetheless inform the court of your new address. In order to prevent the controlling parent from finding you, the court can keep your information confidential.

Even if you moved because of domestic abuse, you’ll still need the court’s approval to stay there. To establish if your new residence is appropriate, the court will review your case and the aforementioned considerations.

How Does the Court Make Determinations About Domicile?

Changing your child’s address used to be pretty simple in Michigan; all that was needed was for the parent with primary physical custody to complete a form with the child’s new address. The Friend of the Court would get the form. It was still necessary to obtain a court order before 2001 in order to relocate outside of Michigan.

The ability to move your child’s residence has become much more challenging since 2001. Another way to look at it is that Michigan courts place more importance on upholding the initial custody and visitation arrangement reached between a child’s parents.

The Test Case Challenging Relocation

The court in Watters v. Watters, 112 Mich App 1 (1981), adopted four-part criteria that had been applied in D’Onofrio v. D’Onofrio, 144 NJ Super 200. (1976).

These are the factors the court must take into account:

[ a ]  The potential benefits of the move should be taken into account by the court in light of how likely it is to enhance both the custodial parent’s and the children’s overall quality of life.

[ b ]  It must assess the sincerity of the custodial parent’s motivations for wanting to relocate in order to ascertain whether the removal is primarily motivated by a desire to thwart or frustrate the noncustodial parent’s visitation rights and whether the custodial parent is likely to abide by substitute visitation orders once the parent is no longer within the jurisdiction of this State’s courts.

[ c ]  It must also evaluate the noncustodial parent’s sincerity in opposing the removal and the degree, if any, to which the objection is meant to obtain a financial benefit in relation to ongoing support obligations.

[ d ]  Finally, if removal is permitted, the court must be convinced that there will be a practical chance for visitation in place of the weekly schedule that can serve as an appropriate foundation for maintaining and strengthening the parental relationship with the noncustodial parent.

The 2001 case D’Onofrio v. D’Onofrio led to stronger protection of parental time agreements in Michigan. This case served as the inspiration for Michigan’s new law, MCL 722.31(4), which addresses the relocation of a young child.

When deciding whether to grant a parent’s request to move a minor child, the original D’Onofrio court considered the above-mentioned four elements. The D’Onofrio case wasn’t even under the jurisdiction of Michigan. The case was litigated in the state of New Jersey.

Institutionalizing the 4 Factors in D’Onofrio v. D’Onofrio

Michigan eventually adopted the same 4 factors after the courts in New Jersey decided on a 4-factor examination for requests to move a child. Michigan quickly added a fifth element to the list following that. The final element relates to domestic violence. 

In Michigan, we continue to apply the original four D’Onofrio factors in addition to the fifth element that has been introduced for the judge’s consideration. The following details the factors:

[ 1 ]  Whether the move is in the best interests of the child and the moving parent. Will both the parent’s and the child’s quality of life improve?  The judge will place less attention on the parent who wants to move away and more emphasis on how to improve the child’s life.

[ 2 ]  Is it the parent’s intention to relocate to frustrate the parenting time plan, or has each parent complied with and used their allotted parenting time with the child?

[ 3 ]  Whether or if, in light of the move, each parent will still be able to maintain and grow a positive relationship with the child. Can the parenting time schedule be modified due to a move, and if so, will both parents be likely to follow the modified schedule?

[ 4 ]  Whether the parent who is opposed to the change in legal residence is doing so for financial gain. Is this parent attempting to enforce a support obligation?

[ 5 ]  The child’s safety: Will moving put them in a scenario of domestic violence? Will the children be in a position where they might witness domestic violence even if they aren’t the victim of it?

What is best for the child is the main consideration of the court in any custody or parenting time dispute in Michigan. Before deciding whether to permit or refuse relocation, the court may also consider “best interest factors” in addition to the above-mentioned factors.

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Can I avoid my ex dragging out the divorce process? The court has the power to prevent your ex from prolonging the divorce process. You must, however, show or provide evidence that your ex is intentionally delaying the process in order to annoy, harass, or pursue other undesirable objectives. 

Click here to watch the video Can I Avoid My Ex Dragging Out the Divorce Process in Michigan?

The court can actually stop accepting frivolous motions if it is done with ulterior purposes or impose penalties. You must realize that there is a significant difference between a case that is simply taking a while and one that drags on. The court may not share your opinion that a case is taking too long.

Divorce may be an agonizing and protracted process for some couples.  A fair pace and amicable resolution to your divorce are possible. Even reticent couples may not have complete control over the divorce procedure. Your divorce can be started as soon as possible so that you can go on with your life more quickly. 

Are There Reasonable Delays in the Divorce Process?

The court has internal processes and rules of procedure to follow. A lot of these rules, submissions, and compliance require a processing and waiting period. There is what you can say a lag in the process. These are what you can consider reasonable delays. The time allocated for procedures and compliances is unavoidable and is there to facilitate the compliance of parties in litigation.

To avoid adding more time on top of these reasonable delays, it is best you do everything in your power to comply with court rules and procedures as quickly and responsibly. This is where the role of your attorney comes in handy since they are already experts in the nuances of compliance and the rules of court.

Checking your residency is the first step in determining whether you can really file for divorce in Michigan. This will save you all the time waiting for nothing simply because you chose the venue where you are not qualified to file.

You or your spouse must have lived outside of Michigan for at least 180 days before filing. A circuit court in the county where you or your spouse have lived for at least ten days prior to filing is where a divorce must be filed. You are not needed to file in your home county, though. You may do so if your spouse resides there.

There is a set amount of time after you make your complaint for the opposing party to respond.

Hearings on divorce must be held a year after the complaint is submitted. Therefore, a couple has a year to attempt to settle their disputes through mediation or negotiation. The court will now go forward with the division of marital assets, child support payments, child custody and parenting time, spousal support, and other matters after this opportunity for negotiation or mediation. The court will spend a lot of time on each of the aforementioned issues because they are all already contentious on their own.

Even if the divorce is uncontested, it cannot be finalized unless you and your husband appear at the hearing. The court clerk should arrange the hearing for you if your petition and your request for a consent order were submitted together.

Before the hearing date, you must wait at least 60 days after filing your divorce papers. If you have minor children, you must typically wait six months before filing for divorce. To secure a waiver of the long waiting period, you could assert that it would cause an “extraordinary hardship” or that you have another strong reason to finalize your divorce sooner.

Go check out our article on, “Michigan Divorce Timeline” where we talked about the mandatory 60 and 180 days timelines and the reason waiting periods are institutionalized.

What Is Driving My Ex to Drag Out the Divorce Process?

In many divorce instances, there are two divorcing spouses who each acknowledge that their marriage is over. However, in other situations, one of the partners refuses to accept the breakdown of the marriage. It doesn’t rule out the possibility of divorce, but it does make things more difficult and prolong the process. 

What is driving your ex to drag out or prolong the divorce process?

Let’s talk about what’s driving your ex to delay the divorce process.

Your ex-spouse is not ready for a divorce or refuses to have one.

The other person doesn’t genuinely want a divorce, which is one factor and arguably the easiest to understand. Some people really don’t want their marriage to end, and they cling to the hope that with a little more time, they might be able to keep it together. Some people find it difficult to let go or sincerely think they can still save their marriage, which makes this defense of delaying divorce perhaps the least deceptive.

Your ex-spouse is resentful.

Your partner’s behavior is resentful. Your ex-spouse is outraged by the divorce and wants to watch you endure a drawn-out process for months or years. Since they often feel they have little influence over the situation, delaying the divorce process is one way for your ex-spouse to feel in charge.

Your ex-spouse is fiddling with money.

Your spouse is playing with money. The most nefarious excuse for postponing a divorce is when your partner is trying to hide assets, raise your legal costs, stop paying you support, leave you homeless, or run up your attorney fees. These partners frequently engage in a relentless battle to keep you from receiving your fair settlement.

Every stage of the divorce procedure gives the opposite party a limited window to stop the development of your divorce case. Simply put, we’re saying limited because eventually the court will step in and force the divorce case’s calendar to follow the guidelines set by administrative regulations governing the divorce procedure.

How Can I Avoid My Ex Dragging Out the Divorce Process?

Although they may temporarily block or delay the divorce process, your spouse cannot really stop it. There are various ways to get around these delaying strategies, but let’s concentrate on the ones that have the biggest impact on the general course of your case or what we might consider the critical path to the case’s outcome.

Here are some suggestions as to what you can do to keep the case moving forward.

[ 1 ]  Be sure to file everything correctly the first time. Make sure you filed in the appropriate court and fulfilled the residence requirement.

[ 2 ]  Have your spouse receive the divorce petition by using a process server or a similar delivery agency.

[ 3 ]  Request the court’s permission to post the notice in a newspaper or other publication if you can’t locate your spouse to submit the petition.

[ 4]  Follow a waiting period of 60 to 180 days before the court can officially decree your divorce, depending on whether you and your spouse had children together.

[ 5 ]  Follow the waiting period’s guidelines. There is a 60–180 day waiting time if you and your spouse have children before the court can pronounce your divorce to be complete.

[ 6 ]  Do not ask for a default decision until the customary time has expired, during which your spouse has 21 to 28 days from the date you served the papers to respond.

[ 7 ]  Speak with your attorney so you can discuss the issues you need to be prepared for, especially now that you know whom you’re working with. We are, in fact, referring to your spouse, the opposing party to your divorce.

You may also opt for mediation. You can ask the court to set up a settlement conference if your partner declines to attend mediation. Usually, settlement meetings take place in the judge’s chambers at the courthouse. If a judge is present, your partner might take the situation more seriously. You must maintain your composure and go forward if your spouse is attempting to put off getting divorced.

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Are you worried about losing custody of your children? Most people who ought to be concerned about it because of their behavior, their neglect, or their abuse aren’t. The folks who are truly concerned about it definitely don’t need to be.

Click here to watch the video on Are You Worried of Losing Custody of Your Children?

The outcomes of a custody dispute are unknown to us. The fact is that the best interest factors are always taken into account by courts. In child custody cases, courts make decisions very slowly and in little steps. It’s not for a lack of knowledge or effectiveness; rather, it’s being purposeful in reaching its findings. A dozen considerations used to determine a child’s best interest are taken carefully by the court when considering long-term custody issues.

What Does the Court Look for in Child Custody Cases?

It is less about you versus the other spouse in a custody battle and more about your capacity to consider what is best for your child. Therefore, in order to defend oneself against a divorce complaint, nothing is truly required of you. A “no-fault” divorce is legal in Michigan. There is no justification required for divorce. However, if you’re discussing child custody, it’s probably something you should consider.

The judge has the authority to impose various custody arrangements. If the judge decides it is in the child’s best interests, she or he might sign the court order establishing the custody arrangement with the approval of both parents.

We posted an article, “What Do Judges Look for in Custody Cases in Michigan?” describing in much detail what the court looks for in determining who ultimately gets custody of the child.

There are two very important considerations the family court look at when doing a custody determination: the established custodial environment of the child and the best interest factors.

The Established Custodial Environment of the Child

The existence of an established custodial environment must be proven before the court can issue a new custody order or modify an existing one. The law stipulates that the custodial environment of a child is formed if, for a significant amount of time, the child naturally looks to the custodian in that environment for direction, discipline, basic needs, and parental comfort. The child’s age, the environment in which he or she lives, and the child’s and the custodian’s preferences for a long-term connection must all be taken into account.

The law also stipulates custody arrangements for children should not be altered whenever possible. To minimize any misunderstandings, the judge will always ask one or both parents about the child’s established custodial environment, or ECE, before making any decisions. If so, additional details would be needed before a judge could make a change to the current situation.

When deciding whether there is an ECE, the judge takes into account the child’s life. Does the child depend on one or both of the parents for support, affection, and other requirements like food and shelter, for example? Is the child old enough to have had some experience with the current situation?

The Best Interest Factors

When parents dispute over the custody of their children, it’s simple for them to prioritize their own wants and needs over what would be best for the children. The majority of Michigan families settle their divorce or child custody dispute out of court using mediation or a negotiated settlement. They might decide that a joint custody arrangement is ideal for the children, or that one parent will serve as the primary caregiver.

It may be necessary for a court to make a decision in a case regarding what is best for the child or children. When that occurs, courts and family law practitioners are guided by the Child Custody Act’s “best interest factors.” This set of 12 factors ensures custody decisions are centered on the child’s interests, placing them at the center of the dispute.

Each parent will be given the chance to speak on the factors related to the best interests of the child during the hearing on custody and parenting time. When determining what is in the child’s best interests, the court may not be obligated by law to consider all factors equally. The judge decides how much importance to assign to each factor.

What Will Make Me Lose Child Custody?

For a variety of reasons, parents could lose custody of their children. In Michigan, custody battles are frequently resolved through the legal system. The court looks at the relationships you have with your child and spouse. Your behavior will be thoroughly monitored. We published an article, “3 Reasons Parents Lose Custody of Their Kids in Michigan” to explain the circumstances parents may lose custody of their children.

Let’s briefly mention the three reasons you can lose custody of your children.

Reason 1: Failing to Comply with Court Orders

You want to make a point of not allowing your ex to see the children because you have custody and don’t get along with your ex. You want to relish seeing how difficult it is for your ex to be away from the children. Therefore, it is not surprising that restricting a parent’s ability to see their children is a way to strike revenge against the parent who is allegedly abusing them.

Keep in mind that the chance for the parenting time you both apparently deserve was made possible by a court order. It’s a judicial directive. There are consequences and punishments if a court order is broken and the parent is denied access to the children.

Reason 2: Abuse and Neglect of Children

Child abuse in Michigan is defined as sexual abuse, sexual exploitation, or mistreatment by a parent, legal guardian, or any other person responsible for the child’s care. This includes any damage to a child’s health or welfare that results from a non-accidental physical or mental injury, as well as any danger of such harm.

When a parent, guardian, or other adult fails to provide for a child’s basic needs, it is considered child neglect. These necessities include having access to food, water, clothing, and a safe place to live. Another illustration of this is failing to give a child the proper care and education.

In the event that parents are unable to care for their children personally, they must arrange for someone else to do so. A court may declare a parent’s parental rights to be revoked if they leave their child at home alone since the court may view this as having abandoned the child.

Reason 3: Alienating the Other Parent

Never express displeasure with your spouse in front of your children. This causes injury to their delicate psyches and makes the process challenging for them because the children are unduly included in the conflict between you and your ex-spouse. When you must contend with a vengeful spouse or an ex who has the malicious spouse syndrome, it can be challenging to control your criticism and sometimes even your anger.

It is crucial to maintain emotional control even if it can be challenging in stressful situations like divorce or a child custody dispute. You may feel tempted to give in to your emotions and explode in a rage, but you must resist the urge. A parent who exhibits strong, volatile emotions, particularly ones like fury, is less likely to be granted custody of a child by a court in Michigan. Even if your partner is angry and bitter, it is best to refrain from giving in to their demands because doing so will only make your situation worse.

Despite your opinion, the other parent hasn’t done anything to deserve it, they must always be respected. The court will have the opportunity to see why you are the best person to represent the child’s interests by virtue of your honorable actions, which will also serve to protect your child. Simply put, you shouldn’t chastise or disparage your spouse in front of others.

Should I Worry About My Custody Case?

Parents who are doing the right things and desiring the best for their children ironically are also the most anxious about the probable outcome of their child custody case. If you have constantly the best interest of your child in mind, the court will in all likelihood rule in your favor. However, if well-intentioned you have to be conscious of things that will most likely be used against you.

We put together some dumb and shameless things a parent can do to get in trouble in a custody case. There’s a list of these things in our article, “What Evidence Can Be Used in a Custody Battle in Michigan?” describing the awful things parents do to compromise themselves with the court in an ongoing custody case.

Of course, aside from the everyday stupid things, parents can do disobedience to lawful court orders. Second only to performing poorly in court and in your personal life, nothing will destroy your case more quickly than disobeying court orders. Even though this won’t always result in you losing custody on its own, the court will normally see it as a sign that you scorn their authority.

Here are some more worth mentioning and definitely the ones you need to avoid doing.

Being dishonest

Never let lying or being unfaithful to your partner or spouse pass. Your dishonesty could unduly damage or complicate your child custody case as these are often grounds for dismissal by the court.

Clients can make matters worse by withholding facts from your attorney, increasing the likelihood your attorney will be caught off guard in court. By giving your attorney the whole picture, they will be able to fully comprehend the nuances of your case and decide on the best course of action.

Abusing alcohol or failure to deal with substance abuse.

When you abuse alcohol or drugs, especially when your child is around, your ex has even more reason to be upset with you because you are hurting your child. You must use caution to avoid doing anything that could put your child in danger.

The child’s best interests are considered while determining child custody in Michigan. Although addressing the disease of substance abuse is difficult, if you habitually abuse alcohol or drugs, you should get help. It is undeniable that a parent’s drug or alcohol usage can have a detrimental effect on their child’s development; the court will consider this as a lifestyle choice. For the same reason, we strongly advise avoiding posting images of you consuming alcohol or drugs on social media.

Digitally generating evidence against oneself.

If you post angry rants on Facebook or Instagram or send an angry text to the other parent, you can find yourself at a disadvantage in a Michigan family court. Avoid sharing any pictures, videos, or other materials on social media that can give the impression that you are unfit to be a parent to the court. If people see pictures or videos of you drinking or taking drugs, it won’t do you any good.

Venomous, angry, or violent messages could be used as evidence in your child custody case, causing you irreparable injury. Do not remark on anything your partner or ex-partner posts online or engage in a virtual tit-for-tat.

Unwillingness to accommodate the child’s best interests.

If there are no abuse issues, Michigan courts prefer joint custody arrangements. With engagement, love, and support from both parents, it is believed that a child would thrive. If you are disrespectful or unable to cooperate with them, you can find that the other parent receives more parenting time.

In many circumstances, you can even come to a good parenting arrangement without the assistance of the court if you and the other parent are able to agree to collaborative conversations. But if you refuse to make the necessary concessions, you might not be able to achieve this goal, and the custody dispute trial could use your actions against you.

Failure to engage a family law attorney

If you are engaging in many of the stupid and dishonorable behaviors listed above, you are either not paying attention to sound advice or no one is offering it to you. It strongly suggests that you don’t have a competent lawyer. A good one will never tolerate all the foolish and despicable behaviors mentioned above.

Working with a competent attorney is a requirement if you are sincere about securing your child’s best interests and protecting your personal interests during the child custody proceeding. The behavior that is most convincing to the court is your efforts to act in your child’s best interests.

As long as you have your child’s best interest constantly in mind, you don’t have to worry about losing custody of your child.

Subscribe to our YouTube channel today for more advice on Family Law!

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