How Do You Split Holidays When Co-parenting in Michigan?

How do you split holidays when co-parenting? How do you actually do it in Michigan? How do you handle Christmas, New Year’s, and Christmas Eve? The vast majority of circuit courts have a model or policy for the parenting time schedule. Parents are free to use and abide by it. The choice is all up to the parents. Your family’s dynamics will really determine this.

Click here to watch the video How Do You Split Holidays When Co-parenting in Michigan?

Christmas holidays are prioritized by the majority of households. It might be best to switch up the holidays. similar to alternating between odd and even years for Christmas gatherings. If the children are still young enough, this is excellent. In the teen years, one parent may not be able to celebrate Christmas and may be forced to make do with having the children on New Year’s Eve.

Due to shared custody, having to miss holidays with your child can be a difficult reality to accept. However, by properly preparing a parenting plan, you can still be present for the major holidays.

What Does the Law Say About Holidays and Parenting Time?

In Michigan, a child has the right to parenting time with each parent unless a judge finds that the child’s physical, mental, or emotional well-being would be jeopardized. It is generally in the best interests of a child to have parenting time in a frequency, duration, and type that fosters a strong bond between a child and parent, according to Michigan law more specifically MCL 722.27a(1).

To come up with a fair and more standardized template for setting parenting time a set of guidelines were put together by the Michigan Supreme Court. It was to be a guide for parents, court personnel, and professionals providing services to families.

MCL 552.519 mandates the Friend of the Court Bureau of the Michigan Supreme Court, State Court Administrative Office, to create publications to aid each friend of the court office in performing its obligations. The Michigan Parenting Time Guideline was released in 2000 with the goal of educating the general public and professionals, such as court personnel who assist parents in creating parenting time plans, and good parenting practices.

The most recent edition of this parenting time guideline was published in February 2021 and updated in March 2022.

Is there a Standard Co-parenting Schedule for Holidays?

In Michigan, family courts hold that, wherever possible, a child’s best interests are served by maintaining a positive relationship with both parents. As a result, noncustodial parents typically receive fair parenting time rights. The court has a typical holiday schedule that permits both parents to spend time with their children on special events, such as birthdays and holidays like Thanksgiving and Christmas Day if you and your co-parent are unable to come to an agreement.

When people discuss a typical visitation schedule for holidays, they most often mean the FOC’s (Friend of the Court) typical holiday schedule.

Parenting time standards are set by the State of Michigan, Macomb County, and numerous other counties. The “best practices” outlined in these recommendations hold true for both typical workday and weekend routines as well as vacations, school breaks, and other special occasions.

There are numerous choices for allocating the holiday time a child spends with each parent in the proposed parenting time schedules provided by Macomb County. The recommendations suggest parents divide up the following eight well-known holidays, in addition to specifying a child spends Mother’s Day weekend with the mother and Father’s Day weekend with the father:

[ a ] Labor Day
[ b ] Memorial Day
[ c ] Fourth of July
[ d ] Halloween
[ e ] Thanksgiving
[ f ] Easter Sunday
[ g ] Christmas Eve
[ h ] Christmas Day

Four of the eight annual breaks should be used by both parents to spend time with the children, with the holidays switching each year. Therefore, if a child spends Labor Day, Christmas Eve, Memorial Day, and Easter Sunday with their father, they will both spend the Fourth of July, Halloween, Thanksgiving Day, and Christmas Day with their mother.

It is also possible for parents to switch off on winter and summer vacations. A noteworthy example is currently the 16th Judicial Circuit Court General Parenting Time Schedule.

Here’s an example of how to split parenting time during holidays:

[ a ] Thanksgiving: Starting at 6:00 pm on Wednesday and running through 6:00 pm on Friday, the mother will have the children for Thanksgiving in odd years, while the dad will have them in even years.
[ b ] Winter break: In even years, the mother will be with the kids for the first half of the break, whereas in odd years, the dad will be with the kids for the first half.
[ c ] Winter break: During the second half of the break, the mother in odd-numbered years will spend the holidays with the children, while the father will have the kids in even-numbered years.
[ d ] Christmas Eve: Starting on the 23rd of December at 6:00 pm and finishing at 6:00 pm on the 24th, the mother will have the children for Christmas Eve in even years, while the father will have the children for Christmas Eve in odd years.
[ e ] Christmas Day: Starting at 6:00 p.m. on December 24 and lasting through 6:00 p.m. on December 25, the mother will have the children for Christmas Day in odd years, while the father will have them in even years.

These particular guidelines are not a requirement of you or the other parent of your child. Working up a unique parenting time arrangement and submitting it to the court for approval are both options you have. You can handle other significant events, such as holidays, cultural celebrations, and religious occasions that are unique to you and your family, in a settlement that is tailored to your needs.

What Happens if We Can’t Agree on the Holiday Parenting Time Schedule?

If you and your ex can’t come to an understanding on a holiday parenting time schedule, you might need to submit a motion in the court where your judgment was issued to ask for clarification or to find a specific holiday parenting time schedule that works best for your family. You and your ex should establish a clear timetable for holiday parenting time as soon as possible so that there is no ambiguity going forward. This will enable both of you to better plan for these holidays in the future.

A “motion regarding parenting time” is what is utilized to file a parenting time dispute in Michigan, and these motions are filed in the local county courts where your initial judgment was approved.

There are several times during the year when you’ll want to be with your children but they have plans with your ex. Negotiations are an essential part of the divorce process, and your attorney can help you develop and propose a fair parenting time arrangement or plan.

The most important thing to grasp is that the plan must be carried out once it has been developed. Consistency is essential both legally and for your children’s welfare. Because they will rely on this plan just as much as you do, they will be better able to manage their daily life if they know where they will be and who they will be with each week.

You may want to read about parenting time schedule in our article, “How To Establish A Visitation Schedule Hassle-free In Michigan” about approaches to setting parenting time schedules.

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.

Can I Get My Ex��s Parental Rights Terminated in Michigan?

The actions of my ex-partner bother me. My ex doesn’t participate in parenting time. Can I get my ex��s parental rights terminated? The decision to revoke your ex’s parental rights in Michigan truly isn’t yours to make.��

Click here to watch the video on Can I Get My Ex��s Parental Rights Terminated In Michigan?

Your ex’s parental rights cannot be simply revoked. It cannot be done by a court motion. Parental rights termination more closely resembles a move made by the Child Protective Services or the Department of Health and Human Services (DHHS) (CPS). The best you can probably hope for is a court motion to change your ex’s parenting time.

Why Are Courts Biased Towards Keeping the Family Together?

There is some level of animosity between the spouses in the majority of divorce cases. The continued bond parents need to have may occasionally be impacted by this. Arrangements for visits may give rise to disputes. Accusations may be made when the custodial parent reschedules, cancels, or ignores a visitation as required by the agreement.��

One of these accusations or allegations may be extreme, such as abandonment, in order to expose the parent to claims that could result in the termination of parental rights. If you are the one making these allegations or accusations, you will find it difficult to get the court to listen to you. Or you may find the court seems ��biased�� to some degree.

The court is not actually biased for or against you or your ex spouse. The court is biased towards the best interest of the child.

The whole point of having a mandatory waiting period in a divorce process is to ensure time is provided for reconsideration or for reconciliation of both spouses. It gives the parents time to think and to worry about the life of their children after divorce. The position is to look at divorce as the last resort not the first and only one in resolving unhappiness in marriage. Such logic is carried over to the determination of child custody cases. Separating parents from children or undermining their relationship should not be an option for ex spouses.

The laws of Michigan state that children should get along well with both parents. The court must consider the best interests of the child while deciding whether to grant or modify custody. The phrase “best interests” refers to a set of standards established by law.

The ability and willingness of each party to support and foster a healthy, long-lasting parent-child relationship between the child and the other parent or the child and the parents is one of the decisive considerations. This demonstrates how, legally speaking, limiting or denying parental time directly conflicts with the child’s best interests.

If the court is strongly opposed to limiting or denying parental time, how much more for the dissolution of the parent-child relationship most especially in Michigan.

How Do You Lose Parental Rights? What Conditions Can Make You Lose Parental Rights?

One of the most dreadful things a parent may hear is the phrase “termination of parental rights.” Fear of losing a child to “the system” can motivate a parent to make changes in their life for the sake of the child. Some people, however, find relief in termination since they are aware that they are unable to support their child but are unable to seek assistance. Some parents choose to voluntarily end their parental involvement because they believe it is best for the child.

The process for terminating parental rights is arguably one of the greatest and most severe legal safeguards available to protect vulnerable children. A termination proceeding is frequently a crucial step before the adoption of the child. After termination or approval of adoption, parental rights may be restored in several states.

Parental rights once revoked in Michigan, cannot be restored.

What Is the Statutory Basis for Losing Parental Rights in Michigan?

The parental rights of the birth parents will be terminated before the child is made available for adoption. This is sometimes done with everyone’s cooperation, and other times it needs to be disputed. For instance, the birth parent must agree to the termination if a stepparent wants to adopt their stepchild. Otherwise, the parental rights of the birth parent must be contested and they must have been estranged from the kid for at least two years.

In Michigan, parental rights can be revoked in one of two ways. One is covered by the Adoption Code, and the other is covered by the Juvenile Code.

MCL 710.21, the Adoption Code’s governing statute, specifies how parental rights are terminated so that a child can be placed for adoption. If stepparent adoption is involved, this can be done with consent or it can be disputed. If a disagreement occurs, the parent whose rights are to be revoked must have had contact with the child for at least two years and must have had the resources to support the child but did not. The step-parent adoption cannot go forward without everyone’s consent if these two requirements are not met.

However, if a child is abused or neglected, the court may suspend a parent’s rights under the Juvenile Code, MCL 712.A1. Although anybody may file this petition, the Department of Health and Human Services (DHHS) and the prosecutor’s office are typically the ones to do so. In some situations, the court will let the parent explain what led to the abuse or neglect. However, there will be stringent guidelines, court oversight, and time constraints placed on the parents.

What Are the Two Ways You Can Lose Parental Rights in Michigan?

Parental rights can be terminated legally, severing all connections to the child that the parent may have. The parent will no longer be entitled to make decisions for the child, have visiting privileges, or be informed of court actions involving the child.��

In Michigan, rights can be terminated voluntarily or involuntarily. Involuntary termination happens when a parent’s rights are terminated without cause, whereas voluntary termination happens when a parent voluntarily gives up their parental rights. A parent, legal representative, or government organization can start an involuntary termination.

Voluntary termination

When a parent no longer wants or is unable to raise a child, voluntary termination of rights frequently occurs in adoption scenarios. If, for instance, a stepparent wants to adopt the child, the relationship might be terminated by mutual consent or through litigation. Additionally, a parent’s rights might be questioned in court if they haven’t had direct contact with their child for two years and haven’t continued to provide financial support. Keep in mind that losing the right to custody of your child in a divorce or refusing to pay child support does not equal the termination of your rights.

Michigan courts almost always choose to give the parents a chance to settle the matter that led to this stage rather than automatically leaning toward the termination of parental rights. However, once the court decides to revoke parental rights, that decision is irrevocable.

Since judges are sometimes reluctant to do so, it could be challenging to terminate parental rights freely. Usually, someone must be waiting and willing to adopt the child in question. If the custodial parent is against the voluntary termination, it is highly unlikely that it will be accepted by the court.

Involuntary termination

Parental rights can be terminated legally, severing all connections to the child the parent may have. The parent will no longer be entitled to make decisions for the child, have visiting privileges, or be informed of court actions involving the child. In Michigan, rights can be terminated voluntarily or involuntarily. Involuntary termination happens when a parent’s rights are terminated without cause, whereas voluntary termination happens when a parent voluntarily gives up their parental rights. A parent, legal representative, or government organization can start an involuntary termination.

Rights shall be terminated if the court establishes that child abuse has occurred or is occurring and there is a plausible likelihood a child could suffer further harm if returned to the parent. In Michigan, involuntary termination of parental rights can happen because of any or combination of any of the following:

[ a ]�� The child has been abandoned by the parents.
[ b ]�� The parent is mentally ill or incapable and cannot raise the child.
[ c ]�� The child was neglected by the parent.
[ d ]�� The child has been physically or sexually mistreated by his or her parent.
[ e ]�� The parents got divorced, and one of them is attempting to terminate the rights of the other.
[ f ]�� The parent has been found guilty of murder or felony assault leading to the death or serious impairment of another child��s physiological functions.
[ g ]�� The parent has failed to provide the child with sufficient care and custody.

All of these are crimes, so in addition to the termination of parental rights, criminal charges might also be filed by a prosecutor.

Can I Get My Ex Spouse Parental Rights Terminated?

If you look at the letter of the law, you can actually seek out the termination of parental rights of your ex. So the answer to the question is Yes. You have to have very solid grounds when you do pursue termination of parental rights. One of the most common grounds or allegations made in support of termination is abandonment.

If a parent has been absent from the child’s life for an extended length of time without offering any type of support, you may be able to terminate their parental rights.

The courts are particularly reluctant to make the decision hastily and without giving the opposing party the appropriate notice since terminating parental rights is a very serious matter. The procedure may go more quickly if you are aware of the whereabouts of the other parent. It will take a little bit longer if you don’t know where they are, but it’s still achievable.

Keep in mind family courts do not take lightly the termination of parental rights because it is such a serious matter. Any allegation or accusation made against the other spouse must be supported by sufficient evidence.

Don’t forget, whatever allegations you make will be under oath. Lying to the court will carry severe consequences to your own parental rights. Talk to your attorney before considering any action leading to the termination of parental rights.

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.

Can I Get My Exs Parental Rights Terminated in Michigan?

The actions of my ex-partner bother me. My ex doesn’t participate in parenting time. Can I get my exs parental rights terminated? The decision to revoke your ex’s parental rights in Michigan truly isn’t yours to make.

Click here to watch the video on Can I Get My Exs Parental Rights Terminated In Michigan?

Why Are Courts Biased Towards Keeping the Family Together?

The court is not actually biased for or against you or your ex spouse. The court is biased towards the best interest of the child.

If the court is strongly opposed to limiting or denying parental time, how much more for the dissolution of the parent-child relationship most especially in Michigan.

How Do You Lose Parental Rights? What Conditions Can Make You Lose Parental Rights?

Parental rights once revoked in Michigan, cannot be restored.

What Is the Statutory Basis for Losing Parental Rights in Michigan?

In Michigan, parental rights can be revoked in one of two ways. One is covered by the Adoption Code, and the other is covered by the Juvenile Code.

What Are the Two Ways You Can Lose Parental Rights in Michigan?

Voluntary termination

Involuntary termination

[ a ] The child has been abandoned by the parents.
[ b ] The parent is mentally ill or incapable and cannot raise the child.
[ c ] The child was neglected by the parent.
[ d ] The child has been physically or sexually mistreated by his or her parent.
[ e ] The parents got divorced, and one of them is attempting to terminate the rights of the other.
[ f ] The parent has been found guilty of murder or felony assault leading to the death or serious impairment of another childs physiological functions.
[ g ] The parent has failed to provide the child with sufficient care and custody.

All of these are crimes, so in addition to the termination of parental rights, criminal charges might also be filed by a prosecutor.

Can I Get My Ex Spouse Parental Rights Terminated?

If a parent has been absent from the child’s life for an extended length of time without offering any type of support, you may be able to terminate their parental rights.

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.

Can I Get My Ex’s Parental Rights Terminated in Michigan?

The actions of my ex-partner bother me. My ex doesn’t participate in parenting time. Can I get my ex’s parental rights terminated? The decision to revoke your ex’s parental rights in Michigan truly isn’t yours to make.

Click here to watch the video on Can I Get My Ex’s Parental Rights Terminated In Michigan?

Why Are Courts Biased Towards Keeping the Family Together?

The court is not actually biased for or against you or your ex spouse. The court is biased towards the best interest of the child.

If the court is strongly opposed to limiting or denying parental time, how much more for the dissolution of the parent-child relationship most especially in Michigan.

How Do You Lose Parental Rights? What Conditions Can Make You Lose Parental Rights?

Parental rights once revoked in Michigan, cannot be restored.

What Is the Statutory Basis for Losing Parental Rights in Michigan?

In Michigan, parental rights can be revoked in one of two ways. One is covered by the Adoption Code, and the other is covered by the Juvenile Code.

What Are the Two Ways You Can Lose Parental Rights in Michigan?

Voluntary termination

Involuntary termination

[ a ] The child has been abandoned by the parents.
[ b ] The parent is mentally ill or incapable and cannot raise the child.
[ c ] The child was neglected by the parent.
[ d ] The child has been physically or sexually mistreated by his or her parent.
[ e ] The parents got divorced, and one of them is attempting to terminate the rights of the other.
[ f ] The parent has been found guilty of murder or felony assault leading to the death or serious impairment of another child’s physiological functions.
[ g ] The parent has failed to provide the child with sufficient care and custody.

All of these are crimes, so in addition to the termination of parental rights, criminal charges might also be filed by a prosecutor.

Can I Get My Ex Spouse Parental Rights Terminated?

If a parent has been absent from the child’s life for an extended length of time without offering any type of support, you may be able to terminate their parental rights.

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.

Taking Care of Custody Before the Holidays in Michigan

The ideal time to handle custody is before the holidays. During the holidays, being with one another is great. However, you should keep in mind that things will be different now that the divorce and custody process is proceeding. Separation of the parents will follow. They may establish new relationships. Now, parents will have a significant other in their lives.

Click here to watch the video on Taking Care of Custody Before the Holidays in Michigan

It might be impossible for the family to come together anymore. How are you going to incorporate this situation into the children’s daily schedule going forward? The moment is now to begin a new arrangement with the children.

One of the most difficult aspects of divorce for many parents is notifying their children that they are going through a divorce. Children depend on their parents for security, and a divorce invariably upends the established family structure a child has grown to rely on. However, it is also a very significant dialogue since it allows parents the chance to try to set the stage for a sound new beginning for the entire family.

When Is the Best Time to File a Child Custody Case? Before or After the Holidays?

Since child custody is always tied to your divorce case, the question is similar to asking when is the best time to file a divorce. Is it before or after the holidays? We answered this question in an article entitled, “Should I Start My Divorce Before the Holidays In Michigan”. In that article, we pointed out that the sooner you start, the sooner you can bring your divorce to your desired conclusion.

Since child custody is a major discussion point during a divorce followed by child support, it goes without saying that once the divorce complaint is filed, questions about child custody will be raised. The questions will be raised by the children.

In a way, it won’t matter if child custody will come before or after the holidays. Once you have made a decision about divorce, whatever comes after will change the rest of all your life.

All of your lives: yours, your spouse, and of course your children’s.

It’s time to prepare them for what is about to happen for the rest of their lives.

What Will I Tell the Children? How Will I Talk to Them About Divorce and Custody?

Divorce is challenging for the couple going through it, but the children involved may experience it as being even more challenging. The advantages that adults going through a divorce have, such as understanding why the divorce is taking place, are not available to children. It is crucial to know what to do to allay your children’s concerns and anxieties regarding your divorce and to properly prepare them for it.

The following are some crucial pointers to keep in mind while discussing divorce with your kids in order to assist them to grasp the situation and make it easier for them.

Get Your Timing Right

You shouldn’t tell your children that you and your spouse are divorcing in the few minutes you have left before you have to leave for hockey practice or a ballet rehearsal. Pick a time when there are no other commitments so that everyone can concentrate on the discussion and leave time for questions to be posed and answered.

Plan Your Talk

You should not wing it during a chat regarding divorce. Plan what you will say to the children together with your spouse. If you and your partner have tense feelings toward one another, doing this could be challenging, but it is crucial. Do not forget to discuss the reasons why you must part ways, the strategy for the future, and numerous instances of how much you and your spouse value the children.

Tell Everyone All at Once

You could assume that notifying the oldest child and letting them tell the younger ones will lessen the blow. It will, however, do the complete opposite. Without direct contact with their parents, children may feel ignored and excluded, which will hinder dialogue and complicate the process for everyone.

Welcome Queries

When you inform your children about the divorce, they will have many questions. They might be concerned about who will have the children and where they will live, whether they can continue going to their current school, and whether they can still see their friends. It’s crucial that you not only make an effort to lessen the effects on the children but also respond to all of their inquiries in the frankest and open manner as you are able.

Don’t Badmouth Your Spouse

When both parents accept responsibility for their roles in the marriage’s dissolution, children are more likely to comprehend the need for divorce. Avoid placing blame on one another, and make sure the kids understand it’s not their fault because they frequently think it is.

What Divorcing Parents Should Know About Child Custody?

Before you consider divorce and the subsequent child custody case usually coming after, consider what we now know about child custody in the United States.

Here are some data you should know about child custody cases gathered from statistics in different states:

[ a ] There are around 12.9 million custodial parents in the US. About 4% of Americans fall into the category.

[ b ] In 2018, there were more than one-quarter of all children under the age of 21 (26.5%) had a parent who did not reside with them. That equates to about 21.9 million kids. For Black children, the ratio was higher—nearly 49% of them had a parent who didn’t live with them.

[ c ] A parent’s absence increased the likelihood that a child would live in poverty. In actuality, about 30.1% of these kids lived in poverty, which is over three times the proportion of 11.1% for kids living in two-parent households.

[ d ] In 2017, slightly more than half (51.4%) of custodial moms worked year-round, full-time jobs, while 21.6% were unemployed.

[ e ] 74.3 percent of custodial fathers worked full-time, year-round in 2017, compared to 9.2 percent who did not work at all during the year.

What Are Your Chances of Getting Custody?

Who is more likely to have custody of their child? According to 2020 research by the U.S. Census Bureau, below are a few instances:

[ a ] 40 or older is the average age of custodial mothers or 41.6%. Custodial dads saw a greater percentage, at 54.6%.

[ b ] Non-Hispanic white men make up 62.9% of custodial fathers. Custodial fathers were less likely to be Black and more likely to fall into this category than moms.

[ c ] Non-Hispanic white women make up 44.2% of custodial mothers in the United States.

[ d ] Custodial mothers made up 40.4% of the population.

[ e ] Custodial fathers who have never been married make up 29.3%.

[ f ] By 2020, 3.3 million fathers will have primary custody of their children.

If you’re still contemplating divorce and child custody, think some more. When you have finally made up your mind, call your attorney. Your attorney will probably ask you to contemplate even more.

If anything else…

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.

Get a Divorce in 90 Days in Michigan

Can you get a divorce in 90 days? In Michigan, having children might make that impossible. It is already guaranteed you cannot have it in 90 days by the 180-day waiting period alone for divorce with children. Is it feasible in Michigan if you don’t have children? Theoretically, perhaps, but improbable. It seems like a short waiting period—60 days.

Click here to watch the video on Get a Divorce in 90 days in Michigan

It might not be possible to obtain a divorce judgment or agreement in 90 days due to the divorce process and the contentious matters that need to be settled. You are often looking at a minimum of more than 100 days.

What Are the Two Most Important Divorce Timelines in Michigan?

The two most important timelines are actually the divorce waiting period imposed on all divorce filings. Any required waiting period begins when the divorce petition is submitted to the Circuit Court. When the divorce complaint is filed, the 60-day or six-month waiting period officially starts.

60-Day Timeline

The waiting time in Michigan is 60 days if there are no children involved in the divorce.

If the judgment is rendered in less time than sixty days, the divorce is probably void. Under Michigan law, the six-month waiting period may be waived, but the sixty-day one cannot. The six-month waiting period may be extended but never to less than sixty days in cases of “extreme hardship or such compelling necessity as shall appeal to the conscience of the court.”

The opposing party is allowed some time to respond after the complaint is filed.

Following the filing and delivery of the complaint and summons, your spouse has 21 days (or 28 days if served by mail or outside the state) to file a response of admission or denial of each allegation in the complaint.

Nearly half of your waiting period should have been passed by the time you were given to answer.

The matter becomes contested once the necessary response has been provided. The defendant’s failure to provide an answer could result in the issuance of an order of default. The case then proceeds to that of an uncontested divorce. However, a defendant who has defaulted may decide to retain legal counsel and request the court’s intervention at any time up to the case’s conclusion.

You can also factor in the amount of time spent on important procedures like discovery, agreements, and the issuing of temporary orders before the initial court appearance. The initial steps of the divorce process essentially take up the entire 60-day waiting period.

The 6 Months Timeline

If there are young children involved, there is often a six-month waiting period. There is a lot of pressure on the Michigan court system to render decisions in divorce cases within a year of the filing date. For a divorce involving children, the “normal” waiting period after the complaint is filed, or when the lawsuit officially begins, is six months. Although they can take less than a year to complete, child custody proceedings often go longer than six months.

The six-month waiting period is subject to some exclusions. According to Michigan law, a judge may waive the six-month waiting period but not the sixty-day one. In instances of “exceptional hardship or such compelling necessity as shall appeal to the conscience of the court,” the six-month waiting period may be extended, but never to fewer than sixty days.

If there is a legitimate reason and the judge is aware that the case is a collaborative divorce, most judges will actually waive the six-month waiting period. The protracted court fights that define traditional divorce litigation can be substituted with collaborative divorce. With the assistance of licensed professionals, both parties to a collaborative divorce agree to end their marriage outside of court.

As part of the collaborative law procedure, you and your spouse would go to court and request the judge ratify the agreement you two came up with together. This can protect your privacy while helping you avoid the bother, expense, and unpredictability of a divorce battle.

Why Do Courts Impose Waiting Periods in Divorce?

Michigan Compiled Laws 552.9f requires a waiting period before filing for divorce. MCL 552.9f permits divorces without young children in Michigan, but they can’t be approved until 60 days have gone since the bill of complaint was filed. According to the same law, MCL 552.9f, a divorce in Michigan involving a minor child (under the age of 18) cannot be finalized until six months have passed since the day the bill of complaint was filed.

Simply expressed, in Michigan, there is a 60-day waiting period for divorces involving no minor children and a 6-month waiting period for divorces involving minor children. Public policy urges individuals to take some time to gather their thoughts and plan ahead before finalizing a divorce and possibly patching things up for the benefit of the family.

The above is the statutory basis for waiting periods. We’ve talked about divorce timelines before in our article, “Michigan Divorce Timeline” where we mentioned the different timelines you need to consider in a divorce. In that article we listed some reasons for all that waiting period. The truth is, there are four common reasons why courts impose waiting periods:

Reason 1: Give spouses a moment for second chances.

After a heated argument, a divorce petition is often hastily and angrily filed. A waiting period allows confrontational partners to cool off and assess whether this is really what they desire.

The impending reality of separation can prompt couples to start discussing their problems in a new way once a divorce case has been filed in court. Or the divorcing spouse can leave the home and find that living alone is not what they had envisioned. During the waiting period, the couple has time to think about the possibilities of reconciliation.

Reason 2: Preparing for parenting time.

A new living situation demands a new strategy for daycare, education, and visitation. As they learn to co-parent in different homes, parents may decide it would be better to make amends and give their marriage another chance rather than to dissolve it. In the event that the parents are unable to agree, there will need to be a trial at which both parties will present their evidence and the court will make the decision of which parent will get to keep the child. A custody investigator with specialized skills may be requested by the judge to assess each parent’s ability to raise the children prior to trial.

A custody agreement’s “best interests of the child” as defined by the Child Custody Act may not be determined for several months.

Reason 3: Time for sorting financial matters and addressing concerns.

Financially, few divorcees actually fare better than they would have if they had remained married. As one family turns into two households, the couple’s expenses nearly treble from when they were cohabitating.

Due to the fact that married couples typically combine their finances, it may take some time to get all the necessary documentation, total everything, and establish how to efficiently separate one person’s obligations and assets from the other’s. Just a few examples are bank loans, credit cards, insurance policies, and investment accounts. Real estate, automobiles, and other tangible assets must all undergo an evaluation. Both partners or one of them must find new homes.

Reason 4: Preparing for the divorce settlement.

The initial divorce hearing is normally scheduled by Michigan courts at least 60 days after the divorce complaint is filed for spouses without children. Couples with less conflicts typically reach an understanding on the terms of their divorce prior to the initial court hearing. Once the required 60 days have passed, the divorce can then be formalized at that first hearing.

If a settlement cannot be achieved by the first court date, at least the parties have had time to define their disagreements, estimate how much additional time will be needed to negotiate a settlement, and decide whether a mediator might be required.

Can I Get a Divorce in 90 Days?

In cases involving young children, some courts will waive the final 60 days of the 180-day waiting period if the parties have reached an understanding, resolved all differences, and accelerating the divorce is in the children’s best interests.

But no part or all of the initial 60 days may be waived.

You have the full 60 days to use if you and your spouse have submitted all required paperwork and responses to the summons and there are no differences on spousal support, child custody, child support, parenting time, or property division. Typically, 100 days is a more practical estimate. Your wishful desire of 90 days is technically feasible in a perfect world, but for now, highly unlikely.

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.

Should I Start My Divorce Before the Holidays in Michigan?

Should I start my divorce before the holidays? In Michigan, on holidays, people sometimes put off starting divorce proceedings, but following the holidays, there is a sudden surge of filings. When it comes to divorce, the earlier you begin the process, the faster your divorce can be finalized.

Click here to watch the video on Should I start my divorce before the holidays In Michigan?

For most individuals, divorce is a negative thing, particularly for children. Therefore, try to avoid including children in the process as much as possible. During the holidays, if you feel the need to do it, go ahead and do it. Additionally, you don’t want the divorce decision to be finalized around Christmas if the divorce proceedings begin in the middle of the year. Make the least possible impact on children by using your judgment in this.

Why Do People File Their Divorce After the Holidays?

There are anecdotal stories of divorce filings experiencing a surge right after holidays. Across the United States seem to support these stories. Online searches for terms like “child custody” and “divorce” are more common among the general public in the United States around the month of March than at any other time of the year, according to academics.

Even though the study is unable to definitively pinpoint which of our social behaviors is to blame for the rise in divorce rates, the researchers do provide a number of options. Family gatherings like vacations are frequently planned by couples in the middle of the year. These getaways may serve as a kind of litmus test for the health of a relationship for couples who have already been contemplating divorce. The “broken promises” theory of divorce, when couples become disheartened after a vacation does little to strengthen or perhaps worsen a relationship, is what the study refers to.

Another possibility is that a relationship that is already under stress may become even more strained during the holiday season. Holidays and other significant occasions can exacerbate relationship issues, so some couples choose to wait until the mid-year holiday break before taking any further action. The period between New Year’s, Valentine’s Day, and the Christmas holiday season is particularly suitable for exploring the prospect of ending a marriage.

Some more reasons why divorce filings tend to surge after the holidays can be a combination of one or two of the the following factors:

[ a ] fear of upsetting family members by divorcing during the holidays;

[ b ] a desire to make things work throughout the holidays and feelings of wellbeing;

[ c ] financial difficulties throughout the holidays that keep couples together – people may feel as though the new year offers them a chance for a fresh financial start;

[ d ] stress about the holiday and the lack of romance, or having to plan it between two partners in the event of an affair; and

[ e ] a wish to maintain order over the holidays for the benefit of the children.

No matter the season, choosing to divorce your marriage is not an easy decision. Even though you want to begin your divorce as soon as possible, you could be having trouble because of the impending holiday season.

Will It Really Matter When Divorce Is Filed? Before or After Holidays?

If you talk to your attorney now and ask what it takes to complete the divorce, you will come to realize the sooner you start, the sooner you can bring your divorce to its desired conclusion.

Here are some advantages and disadvantages of filing for divorce during the holiday season in case you’re having problems deciding when to do it.

Advantages of filing your divorce before the impending holiday:

[ a ] A much needed relief.

If you are unhappy with the state of your marriage and have tried to fix your marital problems without success, filing for divorce before the holidays may provide you with some much-needed relief. You can get through a divorce during the holidays by knowing that you are about to make a substantial life shift that will make you feel better.

[ b ] The prospect of an early fresh start.

In Michigan, a divorce must be pending for 60 days before it can be officially declared final. Starting the process now may result in an earlier fresh start. Additionally, you can be eligible for temporary orders pertaining to child and spousal support.

You need to consider the timeline of a typical divorce following a prescribed process. The divorce process has non-negotiable paces and timelines. You simply can’t go around them.

The disadvantages of starting the divorce process after the holidays:

[ a ] Disrupting planned holiday travel.

You could have already made travel arrangements for the holidays. Whether it’s a trip to Disney World or a beach getaway, filing for divorce now can require you to cancel your travel plans, and getting divorced before the holidays might cause you to miss out on some holiday time with your kids.

[ b ] Upsetting your children.

Children will be disturbed by the news of their parents’ divorce if there are any involved, and divorce during the holidays can make children’s sensitivity more acute.

There’s a lot to attend to even before you can start the actual divorce process.

You will need to wait at least six months before you can submit the divorce case if you don’t meet the requirements for residency.

Once you have met the requirements for residency, you must file a divorce complaint. You must wait for the answer or response.

If your spouse decides to take part in the divorce proceedings, they must promptly serve you with a copy of their Answer after submitting it to the court. If they were physically served with your summons and complaint, their deadline is 21 days after they get the divorce documents. If they were served by mail or outside of Michigan, they have 28 days to file and serve an answer. The waiting period will require you to put up with and endure it.

If you and your partner do not share custody of any children, there is a 60-day waiting period before your divorce can be legally finalized. The waiting period starts as soon as you file, even if you and your husband were already divorced when you did. Your divorce can take far longer than 60 days if you and your husband can’t come to an agreement on everything.

How Can I Do My Divorce Quickly?

In Michigan, there are two waiting periods. You must wait 60 days during the initial waiting period. Then, you have to hurdle the 180 day waiting period.

If there are no children involved, there is a sixty-day waiting period after the action is filed before the judgment can be rendered. The waiting time is unaffected by the date that the other party receives notice of the divorce.

Before filing for divorce in Michigan, there must be a sixty-day waiting period. If the judgment is issued in less than sixty days, the divorce is unquestionably null and void.

The second waiting period lasts for 180 days, or six months. Before finalizing a divorce and possibly making amends for the sake of the family, people were advised by public policy to ponder and make preparations.

Trial judges are not allowed to waive the 60-day statutory waiting period unless testimony needs to be preserved.

Some courts will, however, waive the final 60 days of the 180-day waiting period in divorce cases involving young children if the parties have reached an agreement, resolved all differences, and accelerating the divorce is in the children’s best interests.

The initial 60 days, however, cannot be waived in full or in part. If you and your husband have filed all necessary documentation and responses to the summons and there are no disagreements over child custody, parenting time, spousal support, child support, or property distribution, you have the full 60 days to spend.

The quickest way to finish your divorce is to serve the parties, have them accept service without objecting, have them accept service automatically, have them promptly file an answer so that there is no waiting period for a default, and have them draft and sign a consent judgment of divorce immediately following the 60th day following the complaint’s filing.

The quickest way to end a divorce process might not be to wait for the other side to default.

In a way, it may be better to use all these waiting periods to prepare the family and the children in particular for what is to come. Separation is inevitable. Find a way to make this separation as painful and less emotionally stressful as possible for the children. If you have agreed to work the divorce amicably and work a way to protect the children from the stress of separation, you may just survive your last or first holiday together happily in spite of the separation.

We wrote a related article about quick divorce, check out, “Divorce Faster & Easy In Michigan” for how quickly you can really do divorce.

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.

Does a Parent Have to Continue to Pay Child Support If Their Child Enlists in the Military?

Child support is typically provided until the child turns 18 years old, or in some cases, until the child is 19 and a half years old. Does a parent have to continue to pay child support if their child enlists in the military? You could have to pay child support if your child is still a high school student. However, if your child is old enough to join the military, he or she can also be old enough to no longer require ongoing child support. It’s also crucial to keep in mind that military duty admits people after they graduate from high school and may have age requirements for some services.

Click here to watch the video on Does A Parent Have To Continue To Pay Child Support If Their Child Enlists in the Military?

In many divorce settlements in Michigan, child support plays a significant role. In many situations, the child will spend most of their time living with one parent while receiving child support from the other. Child support primarily helps to meet the child’s basic necessities, including food, clothes, schooling, and regular medical costs.

When Are You Allowed to Stop Paying for Child Support?

In Michigan, child support normally lasts until the child turns 18 or, if the child is still in high school and resides with the custodial parent, until the child is 19 1/2. A child may be eligible for ongoing child support payments if they have specific physical or mental problems.

If the parent meets the following criteria, they may ask the court for child support payments:

[ a ] The child who is not a minor is not emancipated.
[ b ] After the child lost his or her right to child support, the impairment did not appear.

Typically, child support is terminated at age 18. However, if the child is still enrolled in high school full-time and has a good chance of finishing by the age of 19 and six months, child assistance may continue past the age of 18. Additionally, the child must full-time reside with the parent receiving child support. Typically, there are two key events going on here. One milestone is when a child reaches the age of majority, which is 18 or as the child is emancipated. The conclusion of secondary school is the second significant event.

Here are two typical situations that occur close to the child support cutoff date. A child can first complete high school before turning 18 years old. In that case, the parent who is paying child support must keep doing so until the child turns 18 years old. The second case involves a teenager who turns 18 while still enrolled in high school.

In this scenario, the child’s 18th birthday would come and go, but the paying parent would still be obligated to pay child support as long as the child is enrolled in high school full-time, earning credits that will allow them to graduate by the age of 19 and 6 months, and residing with them full-time.

What Does Emancipation Mean?

A minor child gets emancipated when they are freed from their parents’ custody and authority. According to the terms of state laws of Michigan, emancipation may take place automatically or as a result of a petition submitted by a minor to the circuit court’s family division.

It is the legal process granting minors the freedom to make decisions on their own and without parental approval. In general, the child must demonstrate he or she is financially independent of their parents’ support. If there are significant reasons, like parental abuse, it may also be authorized.

Emancipation by operation of law.

A minor who is emancipated by operation of law does not need to submit a petition; it occurs automatically. By virtue of the law, you become free when:

[ a ] You’ve been married legally;
[ b ] You reach the age of 18;
[ c ] You are a member of the American Armed Forces and are actively serving;
[ d ] You require nonsurgical medical care or emergency medical treatment, you’re in the custody of the police, and it’s taking a while to find your parents. You are only emancipated in this scenario in order to consent to medical treatment. When your medical treatment is finished or when law enforcement releases you, whichever comes first, the emancipation ends; or
[ e ] You require preventive health care, medical care, including surgery, dental care, or mental health care while you are a prisoner in a correctional facility where your parent cannot be readily contacted. You are only granted emancipation in order to just provide your agreement for medical treatment.

If not, you must submit an emancipation petition. This includes minors who are not married and are expecting or parenting.

Emancipation by Court Order

When a minor files a petition with the court wanting to be emancipated, the process of emancipation by court order begins. To be emancipated, a minor must be at least 16 years old.

If the judge determines that it is in the minor’s best interests, they must issue the emancipation order. The minor must establish:

[a] Parents of the minor don’t object OR
[b] Parents who object to the minor’s request are not providing for them financially.

The child:

[a] Is able to manage their own finances;
[b] Can handle their own affairs, including social ones; and
[c] Recognizes his or her duties as an emancipated individual.

After emancipation, parents no longer have the authority to make decisions for their minor children or to control them. When a child is emancipated, the parents lose control over things like where their child lives, attends school, and how money is spent. The parent has no more claim to the minor’s earnings or wages.

In some circumstances, the parents of the emancipated child are also released from some obligations. For instance, child support obligations for the parents would no longer be available. Injuries that their child causes to other persons or property are not the parents’ fault. Instead, the minor child could be brought to court and made to pay for any harm they create.

Usually, a minor must apply to the Court for emancipation, and the request must be granted by the court. Depending on the State, court-appointed attorneys might be accessible for these processes if the minor is from a low-income family.

Some States allow specific circumstances to “emancipate” a minor without further court intervention. Emancipation may result from a variety of circumstances, including marriage and military service.

At age 17, you can sign up for military service.

What Is the Impact of Enlistment or Military Service to Child Support?

An emancipated seventeen-year-old may enlist in the military in accordance with federal law as long as no parent or legal guardian has the right to custody and control of them. The Army, Navy, Air Force, Marines, and Coast Guard are the other five branches of the armed forces that have regulatory power over it.

The key word here is emancipated. Another key word in relation to emancipation in the context of enlistment is the word active duty. According to the provision of 722.4 Section 4. (2) (c ) of Act 293 of 1968, an emancipation can occur by operation of law during the period when the minor is called for “active duty” with the armed forces of the United States.

Let’s give it a second read: “emancipation can occur by operation of law during the period when the minor is called for “active duty” with the armed forces of the United States.”

This means the window when “active duty” starts and ends is the window we can call emancipation. The logic for this window of emancipation is to allow the minor to make decisions during life and death situations in times of combat duty. It does not necessarily emancipate the child from parental authority or control after active duty ends; hence, ending child support may not be feasible yet.

There’s also confusion between parents about going to military school and enlistment. Some parents may think that a child going to military school frees them from child support or justifies modification (or reduction) of child support. Remember that military school does not equate to “active duty” status for the child. A child is not emancipated by enrolling in a military school.

The ground rules for treating children in military school and ordinary school are still basically the same in terms of governing the education of children. The only basic difference is the choice in career. Careers for graduates in military school are more or less set already towards the different armed services of the military.

Only when the child in military service is clearly emancipated by operation of law and is called on full active duty can the parents finally conclude their child support is no longer needed.

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.

Can My Wife Take Military Retirement in Divorce?

When we divorce, will my wife still receive her military retirement benefits? Retirement benefits are typically regarded as marital property. Even if it relates to a job in the private sector or the military, it is a marital asset and as such is subject to property division.

Click here to watch the video on Can My Wife Take Military Retirement in Divorce?

During the divorce process, military families frequently have the same worries and objectives as civilian families. Even though things are unknown and stressful right now, you have decided that the time has come to end your marriage because you want to provide your family the greatest potential future. However, some components of the divorce procedure are distinct from those involving two civilians if one or both spouses are in the military. For example, the aspect of property division as it concerns retirement benefits are handled differently in a military divorce.

Military retirement benefit meets the definition of a marital asset if it arises during the marriage. The division will be decided by the court. The beneficiary is determined by the court. The same is true even in the case of a military marriage. It will be regarded as marital property and be divided according to law.

What Is the Truth About Military Divorce and Military Retirement Benefits in the Service Branches?

Every state has its own regulations regarding how military divorces affected pensions as of December 2016. The majority of states administer all pensions in the same way, providing the spouse a portion of the pension equal to the ratio of the years of marriage to the years of employment, divided by 2.

For instance, your spouse would receive 25% of your pension, or a total of 12.5%, if you worked for 20 years to earn your pension and were married for 5 of those years. Your spouse would get the entire 50% of your pay if you worked for 20 years, were married before you started, and got divorced the day before you retired. This approach or formula used to derive this division is referred to as the “Time Rule”.

However, the National Defense Authorization Act for Fiscal Year 2017 was passed by Congress in December 2017, adding a Federal provision that preempts all state laws and dictates how military pensions must be handled. It specifically amends the Uniformed Services Former Spouses’ Protection Act or USFSPA in that section. The new rule mandates that the pension be split equally between spouses as if the military officer had retired on the day of the court order.

In other words, just the benefits the military spouse has accrued at the time of divorce are divided, rather than the entire benefit earned upon retirement between the two spouses. After the divorce, any pension that the military spouse accrues is recognized as independent property. This is another approach to property division in a military divorce known as the “Frozen Benefit Rule” or “Snapshot Rule”.

In states where the Time Rule is the default and both spouses have pensions, this obviously produces a considerable discrepancy. The non-military spouse may suffer significant losses if the pension of the military spouse is divided in accordance with the Snapshot Rule while the pension of the non-military spouse is divided in accordance with the Time Rule.

Who Has Jurisdiction? Who Gets to Decide on Military Divorce?

A military person can maintain residency in his or her home state, where they lived before they were called to active duty, even though it may be allowed to file for divorce where they are now stationed.

For the purpose of filing for divorce in Michigan, a service member’s residency is established by maintaining a Michigan driver’s license, exercising their right to vote there, owning property there, paying taxes there, or in any other way demonstrating their intention to remain there. In general, intent establishes whether or not a person intends to continue living in Michigan.

Your case may be significantly impacted by your choice of residence. You may want to file for divorce in Michigan even though you may have been stationed in Virginia for the past year in order to avoid the protracted waiting time for a divorce that Virginia requires.

Orders dividing retired pay as property must have been made by a state court that had jurisdiction over the member because:

[ a ] The member’s residence within the court’s territorial jurisdiction, other than due to a military duty;
[ b ] The member’s residence within the court’s territorial jurisdiction; or
[ c ] The member’s agreement to the court’s jurisdiction;
[ d ] By participating actively in the court case, the member expresses his or her agreement to the court’s jurisdiction.

Even if you reside in Michigan for the purposes of divorcing, it’s possible that Michigan does not have jurisdiction over the minor children to deal with matters of custody, parenting time, or child support. The Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) will be used to decide who has jurisdiction over minor children.

How Are Retirement Benefits Handled in a Divorce?

The “10/10 rule” stipulates that an individual can only receive payments directly from the Department of Finance and Accounting (DFAS) if they comply with the USFSPA’s standards. According to this criterion, the couple must have been together for at least 10 years, and the military member must have rendered 10 years of active duty during that time. The other spouse is not eligible for payments directly from DFAS if the pair has not been married for 10 years or if the serving spouse has not served for 10 years.

If it is stipulated in the divorce agreement, a person may still be eligible to receive a portion of their spouse’s military retirement salary. The USFSPA not only establishes the 10/10 rule but also permits each state to follow its own regulations and take into account military retirement benefits when dividing property. In Michigan, courts attempt to divide marital assets in an equitable way, therefore a 50/50 split is not always guaranteed. A person may get up to 50% of the total retirement payout if they are given a portion of their ex-military spouse’s benefits as part of the divorce settlement.

Two goals were achieved by the USFSPA, 10 U.S.C. 1408.

[ a ] It acknowledges that state courts have the authority to pay a spouse or ex-spouse from the military’s retirement pay (hereafter, the former spouse), and
[ b ] It offers a strategy for carrying out these directives via the Department of Defense.

A former spouse is not automatically entitled to a share of the member’s retired pay under the USFSPA. A percentage of a military retiree’s pay must have been assigned to a former spouse as property in the final court judgment. The USFSPA also offers a way to enforce child support that is currently due and/or that was previously owed (in arrears) and current alimony that was stipulated in the court order.

Final divorce, dissolution, annulment, and legal separation decrees as well as court-ordered property settlements related to such decrees are all court orders enforceable under the USFSPA. The relevant court ruling must specify how to provide retirement pay as property, alimony, or child support to a former spouse.

Prior to June 26, 1981, court orders that awarded a portion of military retired pay as property may be honored if the USFSPA’s standards are met. The USFSPA, however, prevents the enforcement of changes made after June 25, 1981, to court orders made before June 26, 1981, which were quiet about the split of retired pay as property. Additionally, the USFSPA does not execute court rulings that were granted before November 14, 1986 if any part of a member’s military retired pay is based on disability retired pay.

Benefits are provided under Section 1408(h) of the USFSPA to a former spouse of a member who, as a result of the abuse of a spouse or dependent child, loses the right to retired pay after becoming eligible for retirement owing to years of service. If the specific criteria of Section 1408(h) are met in addition to all other ordinary USFSPA requirements, a former spouse may enforce an order distributing retirement salary as property under this Section.

When a person enlists in the military, they are eligible for a number of perks, including access to numerous military sites, free or reduced healthcare, and generous retirement benefits after their time in the service is over.

You should be aware of how those benefits are handled in the event you and your spouse cannot agree on how they should be divided if they turn out to be an asset of interest during a divorce. Talk to an attorney to find out how to approach this issue in a military divorce.

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.

How Does Child Custody Work for Active Duty Military in Michigan?

A custody dispute if one or both parents are serving in the military. How does child custody work for active duty military parents? In Michigan, child custody in a military divorce will have to take active duty deployment considerations into account. The military parent’s availability will be taken into consideration by the court when deciding on a child custody arrangement.

Click here to watch the video on How Does Child Custody Work For Active Duty Military in Michigan?

The parent who is serving and striving to safeguard the country will not be punished by the court. Therefore, the child custody judgment will take into account the specifics of a military deployment and give the parent access to their child.

What’s the Truth About Our Enlisted Personnel in the Service Branches?

Of the total combined strength of 1.3 million active duty members of the service branch of the military, 36.1% are in the Army, 25.6% in the Navy, 24.7% in the Air Force, and 13.6% are in the Marine Corps.

Of the total strength 82.4% are enlisted, 17.6% are officers. The average age of enlisted personnel is 27 years old. The average age of officers in the service branch is 34.4 years old. 82.8% of our active duty members are male and 17.2% are female.

The well-being of service personnel is of concern to the U.S. government because of the sheer size of its personnel in this division of the government alone. Family issues can affect the mental health of enlisted personnel. Divorce and custody issues can affect the members of the military service branch of government.

Our enlisted men and their officers are people. They get into relationships. They marry and they have children. They have families just like anyone. Just as there are marriages, there will be divorce and the consequent child custody that follows.

According to research, military couples divorce more frequently than civilian marriages. Supervisors of first-line enlisted troops had a 30% divorce rate, according to the Census Bureau’s Public Use Microdata Sample and MarketWatch.

Three of the top ten careers where a divorce took place were in the U.S. military. According to reports, divorce rates were much higher for people who worked with air weapons or in tactical operations.

According to research by the Census Bureau, the average age of divorce is 30, and 41% of divorces involved first marriages. Stress, problems with mental health, and a lack of funds all played a role.

Divorce rates were greater for service members who were deployed far from home, according to the Journal of Population Economics. Working in hazardous environments can cause stress or sadness, which can make it difficult for a couple to communicate as easily as they did when they first met.

In 2019, there were over three times as many divorces among female troops as among male ones, according to data released by the Pentagon to Military.com. Officer divorce rates were 1.7% compared to 3.5% for both male and female service personnel.

According to statistics, divorce rates are higher among enlisted soldiers under the age of 30. The lowest divorce rate, 2.8%, was among Navy personnel. 2019 saw a 3.3% marriage breakup rate among enlisted Marines and Air Force personnel.

What Is the Legal Context of Child Custody in the Service Branch?

Prior to September 2015, a military parent involved in custody disputes could permanently lose custody of his or her child while on active duty. The military parent’s deployment was admissible as proof of their absence from the child’s life and from judicial procedures. As a result, this made it possible for a non-military parent to get permanent custody of the child. A military parent would have to reappear in court to argue for custody after serving their country for a while.

The Michigan legislature introduced two additional laws to the Child Custody Act specifically to safeguard military parents after seeing the disadvantage faced by such parents.

Non-military parents are no longer permitted to file any motions for change of custody while the military parent is deployed, according to the new law, MCL 722.27. The court is also precluded from establishing a new order or even altering an existing one regarding the child’s long-term custody. However, a court may make a temporary custody order that lasts only for that time frame.

Military parents are required to notify the court within 30 days of their return from deployment. After then, the court will give the military parent custody of the child in the same way as before the deployment. In reality, custody will remain unchanged throughout both deployments.

Michigan is subject to the Servicemember Civil Relief Act, according to the Michigan Guide for Military Family Law published by the Michigan Department of Attorney General and Thomas M. Cooley Law School Center for Ethics, Service, and Professionalism. According to the SCRA, if one parent files for a change of custody while the other is serving in the military, the deployed parent may request a stay, which the court must approve.

The custody arrangement that was in place on the day the military called the parent to deployment cannot be changed by a new order that the court issues during the parent’s deployment.

If the parent who stays can prove, by clear and convincing evidence, that doing so is in the child’s best interests, the courts may grant interim custody. However, in accordance with the MCAA, the courts must reinstate the custody arrangement that was in place before the deployed parent’s active service assignment. The MCAA and SCRA both aim to avoid military parents experiencing disadvantages as a result of their service to the US.

How Will Child Custody Be Decided During My Deployment?

The judicial system cares about your child’s welfare. It can be more difficult if you frequently relocate or travel abroad. The courts will nevertheless do their best to reach a decision on a plan that promotes your connection with the child.

It might be beneficial for military members involved in a custody battle to sit down and draft a Family Care Plan with the other parent. A healthy compromise is conceivable and even likely if both parties are prepared to put their egos aside and concentrate on the child.

There will need to be responses to queries like, “Where does the child live when you are away from home?” if you are granted primary or joint custody. or “What would happen if you moved?” To negotiate agreements, the judge will deal with both you and the other parent.

What Is a Family Care Plan?

It can be difficult for anyone to split up parenting duties after a divorce or separation. Uncertainty regarding upcoming overseas deployments or domestic assignments for military personnel can make the problems more difficult.

Every couple going through a divorce should have a parenting plan outlining how they will split up the parenting and care of the children after the divorce. It’s especially necessary and can be practical for you to create alternative parenting plans if you’re in the military and unsure of where you’ll be stationed or for how long. Prepare a visitation schedule that is in line with the service member’s anticipated spare time, for instance, if he or she may continue to live close to the children’s home.

Prepare a strategy that you’ll use if the service member is moved or deployed abroad at the same time. Communication is crucial since, oftentimes, service members are unsure of what will occur. It is crucial to relay to the other parent all the information that is currently accessible and to create backup plans that will protect your family no matter what.

When both parents share custody of a child and only one parent is in the military, the civilian parent will typically look after the child when the service member is absent. However, when the military parent has sole custody, many states view a change in custody to the other parent as a change in custody. As a result, it’s not unusual for the court to permit the military parent’s new spouse or another relative, such as an aunt, uncle, or grandparent, to act as the child’s guardian during deployment if the military parent is the sole custodial parent.

When one parent, or both parents if there are two parents, are responsible for raising a child, the military has regulations that must be followed. In the following circumstances, a family care plan is necessary:

[a] A service member is a person who is not currently married and who is the sole parent of a child under the age of 19 or who shares custody with another parent.

[b] Children under the age of 19 are in the custody of both serving parents. The same Family Care Plan must be signed by both parents.

[c] A service member is the only caregiver for a child under the age of 19 or an adult family member who is unable to take care of himself, such as a spouse or other family member who is disabled.

Any service member who finds themselves in one of these circumstances must immediately inform the military. The service member then has 60 (for active duty personnel) or 90 (for reserve personnel) days to submit a formal Family Care Plan to a commanding officer.

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.