Is There a Disadvantage if I File for Divorce First #ChooseGoldmanLaw

Is there a disadvantage if I file for divorce first? Gaining an advantage is typically the goal of filing first. Your actions ought to be dictated by the nature of the relationship. If you file first while already in negotiations, your move can backfire.

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It might not be a good idea to file for divorce first if you’re attempting to avoid going to court for a divorce. You can have strong motivations for filing first. You might be attempting to ask the court to prohibit extravagant expenditures. Stop the liquidation of marital assets. The benefits of filing first may outweigh the drawbacks.

Are you seriously considering divorce?

Ending a marriage is never a joyous moment for anyone. Certainly not for couples struggling hard to patch up the gaps in the marriage. It is difficult but it might be the only option left for spouses. When couples agree to end a marriage, does it even matter who is filing the divorce first? For some, it may not matter, but for some, it can make a huge difference. It can be enlightening to talk to a lawyer about the advantages and disadvantages. Understanding your uniqueness can help your lawyer give you good advice.

At the moment, you may only be desiring relief from the pain and anxiety of your marriage. You are in a mental state thinking divorce will fix everything wrong about your marriage. Don’t think about divorce at your lowest. Find clarity first. Find a moment to reflect if divorce is a real option for you. Then decide.

The conditions driving you to think of divorce may have started when you became parents. Having children is a natural evolution of marriage. Raising is a literal labor of love for married couples. It is never easy to raise children and it takes a toll on marital relationships. Children can reinforce love and respect or it dissipates it completely.

Do you feel there is still love and respect between you and your spouse? Do you still feel the level of comfort and security when you’re around your spouse? Do you still look forward to having a life together? Are you starting to doubt your commitment to the marriage? Are you still hoping to improve what you have in your marriage? Do you still want your marriage despite the pain and challenges?

If most of your answers are no to the questions mentioned, then you may already have clarity. A painful and eye-opening reality. Give it a day or even a week and do a reflection again. Make a decision. And then find a good lawyer.

What are the advantages of filing your divorce first?

The filing of a divorce complaint by one spouse starts the divorce procedure. The divorce complaint is filed in their county’s circuit court. Michigan is a no-fault divorce state so the complaint will not need to provide specific grounds for divorce. Your marriage’s breakdown will not be required in the filing.  Who files first has no bearing on anyone’s legal rights in a divorce. Parental and property rights are identical to one another. Whether your spouse or you filed for divorce has no bearing on the situation.  Your rights as a spouse are the same regardless of who files. There can be some benefits connected with filing for divorce initially. These advantages may or may not be specific in your case.

Choice of jurisdiction.

If you are filing first, obviously you get to choose where to file the divorce. Usually, the divorce petitioner who files first gets to pick the jurisdiction. Jurisdiction is where the case is filed and heard. If you and your husband are already divorced and live apart, this is extremely important. If your spouse lives far away, you may find yourself inconvenienced. You will be forced to travel frequently, taking up both your free time and your money. If your spouse files first in his or her jurisdiction, the laws there may not be in your favor. This can be true concerning child custody, child support, and spousal maintenance. It can also be true for the division of marital property.

Status quo for minor children.

Divorce is not always amicable, and not every couple agrees on what is best for their children. If you first file for divorce, you can also submit a request to maintain the status quo for your children. In Michigan, this covers their residence, daily schedule, and parenting arrangement. It will be the arrangement until the court makes a final decision. This avoids any significant disturbances to your children’s lives. Disruptions that aren’t in their best interests during such a turbulent period.

Financial edge.

Even though doing so is against the law and unethical, some spouses might try to conceal assets. Hide these assets during the divorce process. You can initiate the divorce process and include an ATRO in your divorce case. ATRO means Automatic Temporary Restraining Order. ATRO restrictS either spouse from materially altering the financial circumstances of the marriage. It becomes effective once the divorce process has started. Restrictions cover selling off large assets or making expensive expenditures. The ATRO protects all assets. It forbids the borrowing or selling of insurance and changing insurance beneficiaries. It also restricts the selling of real estate. It covers destroying or concealing assets, or altering bank accounts.

Opportunity to present and to take a position.

People believe it’s helpful to “play” first in a divorce case. This means arguing their position first in court. It is customary for the spouse who files for divorce first to be the first to be heard. This is true with court proceedings, mediations, and hearings. It may seem advantageous to deliver your point without hostility. This move could backfire if it offers your spouse more time to consider your plan and then challenge it.

Opportunity to find the best lawyer.

If you are the first one to file for divorce, you can speak with many divorce attorneys in your community. You can decide not to hire these attorneys after speaking to them. These initial contacts establish an attorney-client relationship with you. It will now create a conflict of interest. These initial contacts prevent these lawyers from representing your spouse. You can choose from a variety of Michigan divorce lawyers if you file first. By doing so, you can stop your spouse from restricting your options.

Confidence building

You might already be feeling defeated that your marriage is ending. Going through a divorce is not an easy process and experience for anyone. But filing for divorce first doesn’t have to feel like a failure, it can feel like an accomplishment. You are taking control by filing first. You are making choices. You are taking the right steps. Divorce for you is like moving forward. You’re imposing boundaries where they may have been needed. Instead of reacting, you’re acting. Just be careful not to rush into a divorce simply out of spite. Deciding to file for divorce first should be empowering. It shouldn’t be an impulsive decision.

What are the disadvantages of filing your divorce first?

There are drawbacks to starting the divorce process first, like many other things. It depends on your scenario because every relationship is different. There are some drawbacks to starting the divorce process first. It can have implications in terms of budget and planning. Here are some of the drawbacks of filing a complaint first.

You make your demands known to your spouse.

When you file for divorce, you need to list your wants and demands. The other party gets to read these at the time they are served and notified. This allows them to know exactly what you want and come up with a response.

You may end up paying more fees.

The individual who initiates the divorce might have to pay the filing fees. You have the advantage of going first. Your lawyer will invest more hours gathering information. You can also end up paying more in legal fees.

Set the divorce in motion.

If you and your spouse are talking about divorcing, you can make it official by filing. In these circumstances, there is minimal hope of reconciling. One person has already made a move to dissolve the marriage.

It may have little impact on the process or your legal rights. The impact of filing a divorce complaint first may vary from case to case. There may be more advantages than disadvantages to filing first. Talk to your lawyer about how to leverage the advantages of being the first to file.

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What to Do When Your Child Begs to Leave Your Ex’s Home #ChooseGoldmanLaw

The ex-spouse gets parental time. Your ex-spouse’s child begs to be taken away from the house. You are a co-parent. You have a job to do as a co-parent. It is your responsibility as a co-parent to tell your child to remain with your ex-spouse. What to do when your child begs to leave your ex’s home?

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You’re going to tell your child to follow suit and continue living with your ex-spouse. When your child gets home, you’ll talk more. As a co-parent, it is your responsibility to support the parent’s relationship with the child. You are in charge of making sure parenting time runs smoothly, barring abuse. You need to support it. It has to be viewed positively. At the end of the day, the child will be more emotionally stable.

What are the reasons a child will refuse parenting time?

Your child’s and there’s a good chance this will be a teenage child’s can be obstinate.  Your child can have good reasons to refuse parenting time with your ex-spouse. The following may be the causes of your child’s difficulty relating to your ex-spouse:

[ a ]  Only one parent will let the child attend an activity or an event. This is despite the child’s desire to do so.

[ b ]  Your child has never really gotten along with the co-parent.

[ c ]  The child doesn’t get along with the other child from another relationship. The child can’t get along with the new partner of the other parent.

[ d ]  The child’s school, classmates, and activities are far away from the other parent’s home. The child is subject to rigorous house rules established by the other parent.

[ e ]  If you are badmouthing your ex in front of your child and this is the reason for what they are feeling. This can be a problem. This can be a case of parental alienation. Parental alienation is the act of disparaging your ex-spouse in front of your child.  Parental alienation can be used against you later in court. 

[ f ]  The child may be holding the other parent responsible for the divorce. The child harbors hatred towards the parents.

There’s a good chance you won’t be able to force your child physically to do anything. If you have teenagers, you already are aware of this. Your justification will probably be accepted by the courts. You have made an effort to follow the court’s orders. You are powerless to make your child see the other parent because of their age and maturity. The law does not need you to drag or restrain your child to make them attend the visitation. Claiming that a child won’t see the other parent when they are 16 years old works well. A six-year-old will not sound as genuine.

Do you have an option not to do parenting time?

Parenting and the link between parents and children are crucial. They are protected by relevant family laws, state policies, and national policies. Parents cannot choose how much time they want to spend with their children during the day. To preserve as much family harmony as possible, it is enforced.  Children under the age of 18 are unable to choose which parent they will live with on their own. Children who are the subject of a custody agreement cannot object to required visits. Both parents and children must abide by the regulations. The parent who has primary custody of the child must persuade the child to cooperate. Observe the parenting time guidelines.

A parenting time order is a judicial decree based on the 1970 Child Custody Act.  It’s Act 91 of 1970. In particular, it is mentioned in Michigan Compiled Laws (MCL) 722.27a. Parental time is outlined in the MCL. This Act is upheld by the Michigan Supreme Court. Every county in Michigan has a family court where it operates. A Friend of the Court, or FOC, has been assigned to each County. These people help and facilitate the Family Court. The FOC looks into custody and visitation disagreements. Decisions regarding child support, parenting time, and custody are recommended by the FOC.

Parents commit to one another in a parenting time agreement. It is an agreement to provide their children with the time and space as specified by the court. This must be done in accordance with a court order. You cannot simply invent justifications for skipping parenting time. You cannot plan events and influence people to take away the other parent’s right to visitation. Parenting time cannot be altered or restricted without the judge’s approval. It is a requirement set by the court.

What will you do when your child begs to leave your ex’s home?

The truth is that you must “persuade” your child to go with the other parent if you want to follow the court’s order. Try some of the strategies that have been proven effective by other parents. Parents who also have to cope with a resistant child.

Find out more about the attitude’s root cause.

Find out the reasons why your child isn’t visiting the other parent. Most likely, your child is unaware of the repercussions of disregarding a court order. Find out more about how to handle parenting time refusal. Instead of just telling them to go, find out why they’re not willing to. Your child may consent to visits. They may if you express sympathy and compassion for their predicament.

Do not forget that you are an adult. As the parent, you are responsible.

Keep in mind you are the parent or co-parent. You, not your child, are the decision-makers in this situation. It’s likely that a soft, gentle approach won’t work. You are the greatest person to assess your child’s needs. Guilt can take over when you’re making your child do something they don’t want to. This is so true, especially after the stress of a custody battle and/or divorce.

Call the other parent and have a conversation.

When your child declines, get in touch with the other parent and ask the child to give them a reason. The child may cooperate more readily with the other parent. You won’t be accused of willfully disregarding court instructions. If you can email your conversation the better. Word of mouth is simpler to challenge in court than phone records and text messages.

Start making notes about all this defiance.

Record each occasion when your child declines a visit. To keep a list, ask your child the same question each time. You must have a proof for both your own and your child’s claims. You may be charged in court with violating the court order by the other parent. It’s possible that the other parent will try to prove that you haven’t complied. This can be detrimental to your case later.

Make an effort to ensure that every pick-up and drop-off is stress-free.

Provide as much simplicity as you can for picking up and dropping off. Frequent arguments with your co-parent throughout transitions may have an impact. It may have an effect on your child’s unwillingness to attend visitation. Your co-parent may try to provoke you during custody changes. Keep your mouth shut and walk like the bigger person by doing your best. Make sure the luggage for your child is prepared. Everything else needed to be planned out far in advance. This is especially crucial if your child is leaving for a prolonged visit. Avoid anxiety-causing activities. It can be such moments as hurrying around the house and ignoring sentimental items.

Continue to encourage your child.

Promote trips continuously. Never give up after one refusal. Your child should be properly informed of your parenting schedule. Discuss it at times other than right before pick-ups and drop-offs.

There’s a common belief once children reach a certain age. They may decide which parent they want to spend the majority of their time with. The judge in Michigan will not even take the child’s preference into consideration. The judge won’t unless the judge determines the child has the capacity to establish a choice. Unless the child can express a reasonable preference for custody and visitation.

A child older than six is assumed to be able to express a reasonable custody preference by the judge. But that does not mean that every child in that age group can. This does not imply that judges will never take the views of younger children into account. Some children are mature above their years. Specific conditions may limit older children’s ability to develop a fair judgment.

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Is the System Broken for Fathers’ Rights #ChooseGoldmanLaw

Do fathers receive the short end of the judicial stick? We at Goldman & Associates Law Firm don’t think the system is broken for fathers’ rights. Fathers are not subject to gender bias in any way. You might need to look for a new lawyer if your current one informs you that there is such a thing. Is the system broken for fathers’ rights?

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The gender of the person is less important to the courts than how that person acts. You cannot legitimately request custody as a result of your behavior. You should focus more on looking within yourself than at the judge. You must examine your behavior to determine whether it justifies granting you custody. You’re a heroin and cocaine user who uses drugs often. The court will decide to award custody to the other parent because of your association with criminals. The children’s safety comes first; it has nothing to do with gender. The secret is to get the greatest lawyer you can find who will represent you favorably. You need legal counsel to present you in a more favorable light given the facts. To show your strengths, you must have legal representation.

What are the common myths about being a father?

Many men today prefer to prove their paternity than deny it. They want to exercise the parental rights that come with it. There are just a few legally enforceable ways to establish paternity under state law. It is important to understand if being involved in your child’s life is vital to you.

In recent years, the number of unmarried births in Michigan has increased. Parentage, or paternity, questions are becoming more frequent. Paternity became complicated as a result of the trend. We make mistakes when we are eager to build a relationship with a child. We begin assuming and believing certain things about our relationship. Relationship with the mother of the child. And your relationship with the child of the mother. You start living a myth about your paternity. You should research some of the beliefs that do not grant parental rights. Speak with a knowledgeable lawyer about paternity. Avoid living the common myths about paternity.

Here are some of the myths you risk falling into.

Having a relationship or an agreement with the mother makes you a father.

Unmarried parents often or unknowingly reach an understanding or an agreement. It is some form of arrangement about child custody and parenting time. Some agreements come in the form of support obligations, and other matters. Unfortunately, these agreements fall apart just as frequently. You violate the “agreement” by not paying for an expense or returning the child to the mother after a visit. The mother retaliates by refusing to give you parenting time. The once-amiable arrangement breaks down. You are unable to challenge the mother’s conduct. You can’t win access to your child unless you can prove your parentage.

Providing financial support makes you a father.

You are aware of your child’s financial needs. You desire to help out by covering things like living expenditures. You want to pay for educational costs, travel expenses, and extracurricular activity charges. You feel it’s natural that you decide to pay child support. Under Michigan law, doing so does not grant you fatherly rights. Without a court ruling establishing paternity, you cannot demand parenting time. You cannot take part in the child’s life.

Having time and physical custody of the child.

Your child may spend a lot of time with you. Your home may serve as the child’s primary domicile. You have no idea of the mother’s whereabouts, and she might not even be a part of the child’s life. You may successfully be running a single-parent family. The law does not recognize paternity or parental rights in this scenario.

The privileges of mothers and fathers were not equal in the past. When it comes to child custody, there was bias in favor of the woman. The court has made an effort to dispel prejudice against fathers’ custody rights. Judges now make decisions based on what is best for children. Offer to negotiate or cooperate to win the court’s favor. Assemble evidence to support your arguments. Seek out knowledge that is best for the children.

What are the rights of fathers?

The RPA, or Revocation of Paternity Act. As Public Act 159 of 2012 as well. This statute acknowledges the biological father’s legal rights. Within a year of the date of the order of filiation, paternity may be established. It might occur within the first three years of a child’s life. The lawsuit may be brought as long as it is done so within a year after the law’s enactment. The deadline for filing this lawsuit is June 12, 2013. Fight. Pursue. You’re a father. You have the right to see your children often.

You are entitled to parenting time unless your parental rights have been revoked. Parenting time issues are addressed in the final divorce decree. Any parent may ask for greater parenting time than what is specified in the final agreement. A parent’s legal rights prohibit their ex-spouse from giving them less parenting time. It should not be less than what was agreed upon. Parents are not allowed to weaken their relationship with their children.

Parents can be unmarried. Fathers and mothers still have a right to know what their children are doing. Both parents need to meet the physical and emotional needs of their children. A child can be born to married parents. The husband and wife are regarded as the child’s legal parents under the law. Married people are not required to establish paternity in court. The biological father is not regarded as a parent in legal terms. The biological father must take the necessary actions to establish paternity. This is especially true if the little one is the child of unmarried parents.

The Michigan Paternity Act is special and unique in one sense. The biological father has no visitation privileges. The infant’s father is not the current husband’s biological father. The biological father of the child has no more parental rights. It is not possible to compel the biological father to pay child support. Only the husband or the mother may contest paternity. This is in cases where the pair is married at the time of the child’s birth. The biological father is not entitled to do so under existing Michigan law.

The parents are not married. The mother of the child must fill out and submit an “Acknowledgement of Parentage” form. You need this paperwork before a man may be officially recognized as the child’s father. This agreement will stand up in court. The man is identified as the child’s biological father in the document. The mother and father concur on it.

Is the judicial system biased against fathers?

In Michigan, women are awarded custody in 51% of cases, while 40% of cases result in joint custody. In 7% of situations, fathers are given custody. The majority of these agreements were made outside of court by the parties involved. Only 4% of child custody disputes are resolved in court. The question of whether judges are impartial to gender is no longer even open to speculation. Focusing on the child’s needs comes before settling conflicts between spouses and wives.

Neither the courts in Michigan nor those in any other state are biased against either gender. This is in child custody cases. According to the data, the parents most often resolve these custody disagreements themselves. They are not even being considered by the judges. If you are pursuing a divorce, your aim should be to avoid a trial. In reality, out-of-court settlements are reached in 98% of divorce cases. Parental control over custody and parenting time is possible. On that, both parents can concur. The parents, not the court system, can decide on parenting time and custody.

90% of child custody cases were resolved amicably. Data from 2018 say mothers were chosen in 79.9% of these agreements as the primary caregivers. Fewer mothers were granted the right to be custodial parents in 2014. This is out of the 82.5% represented in these statistics. If this pattern continues, fathers may be preferred as custodial parents. Not the judge, but the parents collectively, decided to do this.

A few cases are handled directly by Michigan’s courts. The legal system has largely been gender-neutral. 2% of divorce cases and 4% of custody disputes are handled by courts. We can assert that 90% of the time, women are given custody of children. We mean that both partners agreed. They agreed as a result of a settlement reached outside of court. The child is given to the mother’s care. This decision was made without any input from the court. Fathers will have to pay more in child support as a result. In the US, 74.3% of fathers who have custody of their children are full-time employees. Fathers are not in a particularly dire situation in the context of custody.

The court system has done a good job of minimizing gender bias in its judgments and decisions. Only a small part of divorce and child custody cases are decided by the court. Both parents enjoy shared parenting time. The children benefit the most from it. The decisions are made with equal input from both parents. Both parents are more involved in decisions about child custody. As far as the fathers are concerned, the judicial system is not broken for fathers’ rights.

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When to Tell Your Kids About the Divorce #ChooseGoldmanLaw

Divorce is imminent. It is becoming unavoidable. The children haven’t yet heard from you about it. What are you still holding out for? Your children will be picking up things if they are already of an impressionable age. You don’t want rumors about the divorce to reach them. So when is the best time to tell your kids about the divorce?

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Get ahead of the story because that is the only way to control it. The opportunity to discuss it may be constrained by a compelling circumstance. Keep in mind that the longer you wait to discuss it, the less likely it is that you will be able to steer the narrative. There will be things that will reveal it. Find time to get on with it. Get the children seated and discuss it. Tell them that although things will change, you will remain their parent. Different approaches will be taken. Each parent will have their moments with the children.

Will divorce have an impact on children?

For children and adults alike, divorce is often traumatic and challenging. Maintaining communication can be difficult for children aged 6 to 12. Adults are also dealing with the painful processes of loss and sadness. Children who experience divorce may also experience stress due to loss and transition. Children comprehend, recognize, and negotiate their feelings. Feelings include grief, anger, bewilderment, worry, fear, and guilt among others. Children in this age range need loving and supporting parents.

Parents should discuss the divorce with the children together. “Kid-level” explanations of what is happening will be helpful for children. Assure children that things will turn out okay. They want assurance they will survive this with both of their parents still in their lives. Children expect the love of both their mother and father. It is also necessary to repeatedly tell them that they are loved by both parents. Assure your children of the unity of the family between the two houses. It is one of the best and most responsible things parents can do for their children. When adults divorce, it doesn’t necessarily mean that their children will suffer. It should not mean that their families will stop working for them. Children must feel safe. Parents going through a divorce should spend time reaffirming their love and devotion.

Children are blameless about the divorce. Children can’t resolve the situation. Parents as adults should handle it. Without any logical reason, a lot of children will feel bad about their parents’ divorce. Children at a certain age may be too focused on themselves. They think that they are in control. They think they have a say in both the good and terrible things that occur in their environments.

Parents must focus on maintaining ongoing, honest contact with children. It must go on during and after the divorce. Every time children need reassurance, feelings, and difficulties should be expressed freely. The role of the parent as a social and emotional supporter should never change.

Parents shouldn’t overshare adult stories. Don’t go into specifics about court cases during conversations with their children. Avoid using words like “custody,” “parenting time,” and “visitation.” These words are considered to be legal or “court language” when speaking to young children. Hearing these words can make an already frightening situation much scarier and more perplexing. The words “custody” and “visitation” should be swapped out. It should be replaced by “responsibility” and “living with” respectively. Avoid using legalese. Children live with their parents; they do not “visit” them.

What is the impact of children knowing about your divorce?

Children’s reactions to divorce might differ substantially on an emotional level. Children experience divorce for the first time. Adults are often better prepared for what is about to happen. It can be both perplexing and alarming to young children.

Children are the ones who are most severely distressed by their parent’s divorce. This age group typically experiences a lot of stress and confusion. They are moving into new living arrangements. They don’t comprehend why their parents have suddenly stopped liking one another. Children can’t understand why their family is being split up. Middle-aged children think that they are to blame for their parent’s separation. Such children perceive intense guilt. Especially when the circumstances of divorce are not well explained.

Teenagers comprehend what is happening, and their primary emotion is rage. Their daily lives are being disrupted by the divorce, which causes them to get angry. Teenagers try to lay the blame for a divorce on one of their parents.

Different ages have different responses to divorce. A 4-year-old can talk. 16-year-olds can talk differently too. They have different conversations with you. A four-year-old will have quite different worries such as where their toys will end up. A 16-year-old would be concerned about having to change schools. A 16-year-old can be concerned about not being able to take part in teen activities. Give your children as much consistency as you can. Make an effort to adjust to your new situation. It should be one of the main priorities for any relationship.

Is there a best time to talk about divorce with the children?

You should tell your children as soon as possible about your desire to pursue a divorce. You shouldn’t hold off till your spouse leaves the house. Even if you might assume that children might not be aware of this, they might already be aware of it. Furthermore, they must hear it from you and nobody else. The earlier you discuss divorce with the children, the better.

Some situations defy this generalization. You may not be certain that the divorce is going to happen. At least not yet. You shouldn’t tell your children that you are divorcing. Your children might not need to know yet if you plan to continue living together for another year.

Now, the separation is expected to happen in the next two to three months. The parenting plan also known as a custody agreement is expected to take effect. A lawsuit is expected to be filed in the next two to three months. You should talk about it now or as soon as possible.

You shouldn’t tell them during birthdays or holidays. Never tell them in front of others or right before bed. Be prepared to defend each other if one of your children acts out against you or your spouse. You shouldn’t use this chat as an occasion to argue your position. If that’s what you want to do, leave it for the courtroom.

When you have this conversation, there are some things you should and shouldn’t do. When you inform the children, you should both be present. You should make an effort to have a general notion of the parenting strategy. Communicate it to the children as plainly as you can. It is necessary to present the divorce as a mutual choice. No one is to blame not mom, dad, and most definitely not the children. They need to know that both of their parents love them. You will always be there for them. Don’t put your children in a position where they have to pick a side.

Remember each child and their age, will have their way of seeing the divorce. Your children will start to feel sad or angry. Be ready for an emotional rollercoaster ride with them. Every child will uniquely experience the news. You should attempt to figure out how each of your children will react. You are familiar with their personalities and temperaments. Develop a plan of action to deal with their response.

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Risks of Abusing PPO to Keep the Ex Away From the Child #ChooseGoldmanLaw

Personal protection orders or PPOs. They are legal measures that were created with good intentions. It originated from abusive wives’ defense. Someone required a court injunction to prevent their spouse from seeing the victim. When the law was approved, it was done so with good intentions. It was created to shield potential victims.  The statute’s flaw is that it was abused. There’s always a risk of abusing PPO to keep the ex away from the child.

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People appear in court stating that they need defense against another. The PPO is intended to prevent anyone from approaching their children. The PPO must be issued or granted by the court acting under caution. Now, it obstructs parenting time. The court is already wise enough to understand that PPO is being abused to jockey for child custody. You can be prevented from visiting your children while you deal with the PPO. Be more cautious if you think your spouse might ask for a PPO or if you are at risk of receiving one. Avoid engaging in activities that would justify the awarding of a PPO. Any problem that calls for the issuing of a PPO should not be escalated.

What is a restraining order? What is a personal protection order or PPO?

Domestic relationship personal protection order. Domestic relationship PPO is what Michigan refers to as a restraining order. This is in situations of domestic abuse. It is an order from a civil court. It is more popularly known as personal protection order (PPO). It is intended to stop violent and harassing behavior. To protect you and your loved ones from an abuser. You must have a particular relationship with the abuser. They must have performed or be likely to commit certain acts for you to qualify.

A judge may grant you an ex parte domestic relationship PPO when you petition for one. The court can grant this without holding a formal court hearing or having the abuser appear. The judge must decide whether to grant your request for an ex parte order. The judge has to do this within one business day of the petition’s filing. You have to show the delay caused by notifying the abuser will result in immediate and irreversible injury. It can cause loss or damage. Before a PPO is granted, you must demonstrate that the notification itself will hurt you. An ex parte PPO should be issued and effective without prior notice to the abuser or his or her attorney.

A PPO for an ex parte domestic relationship must be in effect for at least 182 days or around six months. A hearing can be requested by the abuser to amend (alter) or revoke (cancel) the PPO. It would be referred to as a final domestic relationship PPO if the judge granted you one following this hearing.

How do you get a PPO?

Ask the court for a PPO. File a petition. Using the petition, the judge will get important data. It will aid them in determining whether to execute your order request. As well as you can, describe the abuser’s actions toward you and how they affected you. Try to recollect the days or times of the year that the incidents took place. You can get a PPO without a police report or any extra paperwork. If you do, you should provide them with your request. They might make it easier for the judge to understand your predicament.

You may have to worry about the risk of the abuser doing something harmful to you. You might not feel safe if they don’t get a PPO immediately. The victim may become paralyzed by fear. There’s always a risk an abuser will hurt you if that abuser finds out about the PPO. If so, you may submit a request for an ex parte order, a unique kind of urgent order. If you get an ex parte order, you can save time by not having to go to a hearing. Information about the PPO will be kept private by the court.

Serve the abuser with your PPO and petition. When a court signs your PPO, it becomes enforceable throughout Michigan. The PPO can be enforced Anywhere in the country once it has been delivered. Although there are various options, you cannot serve the PPO and petition yourself. To keep you secure, someone else must serve the order. The court clerk must receive a Proof of Service form after the PPO has been served.

A copy of your PPO and Proof of Service should always be carried on you. Keep extra copies of your PPO in a safe and secure location. You can get more copies of the order from the court clerk. You can print more copies for your children’s schools or daycare facilities. You can provide copies to your employer, and other people who need notice of it.

How can you prevent PPOs from being abused?

You may experience severe repercussions if a PPO is filed against you. PPO cases are not criminal cases, and they do not affect your criminal history. But it might limit your freedom. PPOs are public information. They are recorded in the police Law Enforcement Information Network (LEIN).

If you are the subject of a PPO, you may be prohibited from taking certain actions, including:

[ a ]  Appearing in specific places, such as your home

[ b ]  Communicating with the Petitioner and the other individuals specified in the PPO. This can include your children.

[ c ]  Owning a gun (even if doing your job necessitates it)

The PPO may also come into play while determining child custody during a divorce. If you are accused of breaking a PPO, you may be detained without a warrant. If a judge finds that you broke the PPO, you may be subject to penalties and jail time. You might wish to speak with a lawyer because being the Respondent in a PPO lawsuit can be detrimental. You can submit a motion asking the judge to change the PPO’s provisions or to end the PPO before its expiration. There’s a form you can use for this purpose.

This form can be used by petitioners or responders. The judge may also be asked by petitioners to postpone the PPO’s end date. The court that issued the PPO is where you should file your motion. There will be a court hearing. Both you and the Petitioner will have the opportunity to present your arguments. The judge will decide whether to prolong, change, or end the PPO at the hearing.

After learning of an ex parte PPO, you have just 14 days to make a request to alter or end it. Ex parte PPOs are PPOs that judges sign without conducting hearings. The judge solely relies on the petitioner’s filing when approving the PPO. The 14-day period begins after you are aware of the PPO. You received the paperwork through a service. You might have learned about the PPO by another means.

The judge will hear your motion to amend or terminate the PPO. You must have good cause and file your motion within 14 days. You must have good cause if you didn’t file your motion earlier or didn’t show up for the court hearing. Your motion will be denied if the judge does not think you have a good reason.

There will be a court hearing within 14 days if you submit your motion by the due date. The hearing will take place within five days if you are a law enforcement officer. The PPO forbids you from possessing a firearm. You have to be ready seven days before the hearing date. You must make arrangements to serve the Petitioner with your motion and the hearing notice.

If you want the PPO amended or terminated, let the judge know. If you want it altered, specify which PPO clauses you want to be changed. Describe to the judge why you want the PPO modified or terminated. Tell the judge if you think the petitioner made any untrue claims in your opinion. Tell the judge about any supporting documentation you have. This can be witnesses, documents, emails, and text messages. If you have hard copies of your evidence, you can affix them to your motion.

You should try to be as accurate and truthful as you can. You will be required to testify at the hearing about the matters covered by your motion. The simplicity and regularity with which a PPO is abused are both well-known to the family law court. Police often tell citizens to try and get a PPO. Use a PPO rather than ask for a criminal warrant for the respondent. This is a customary procedure among the neighborhood police. This feeds the PPO engine in family courts.

There are various ways that the unfeeling petitioner can manifest. The conflicting neighbors are one example of this pattern. Each neighbor is causing the other party just as much trouble. Finally, one of them requests a PPO based on the idea of harassment. When that occurs, it’s critical to show how the petitioner agitated the respondent. Introduce the petitioner’s own abusive or threatening remarks if you can during the hearing. When this occurs, the petition forfeits the presumption of being a victim. A petitioner must feel intimidated, unsafe, or harassed before they can request a PPO.

Someone can present themselves as a victim in court while being an active combatant at home. The reviewing court will have little sympathy for them. Another illustration of an unkind petitioner is a woman who obtains a PPO. This woman then toggles the PPO like a light switch. This behavior is more frequent when a PPO is broken. To put it simply, the petitioner entices the respondent to violate the PPO.

The petitioner offers a dinner invitation to the respondent. The parties start arguing throughout supper. The petitioner then requests PPO enforcement the next day. After the argument, the petitioner switches the PPO back on. This is after having turned it off before dinner. Once more, you must constantly present yourself as the victim if you ask for a PPO in court. A PPO can be defeated by proving that the petitioner is an unsympathetic party.

A PPO hearing is subject to the rules of evidence. The petitioner is likely to violate the norms of evidence if they are unfamiliar to them. In particular, a petitioner’s case may be dismissed due to the hearsay restrictions. In a PPO hearing, there’s a clear advantage of having a lawyer present. A lawyer who can navigate the way around the rules of evidence. One effective strategy for thwarting a PPO is to hire a lawyer. Apply the rules of evidence to restrict the petitioner’s testimony during the hearing.

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How to Get Added to Your Child’s Birth Certificate #ChooseGoldmanLaw

The data on the birth certificate is indelible. It’s like any document with vital statistics. The data and information on the paper cannot be changed. Unless a judge mandates a change or addition, the document cannot be amended. If you’re the father, you would want your name on that birth certificate. How to get added to your child’s birth certificate?

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The father’s identity is not on the birth certificate. To find out, you can perform a DNA test. No one may just claim to be the father and have their name added to the birth record. There’s an office in charge of keeping track of those crucial statistics. That office must adhere to particular procedures. To have that information entered, you need a court order. You must submit a motion to the court to get the necessary amendments to the record of vital statistics.

What are vital records?

Vital records. Birth certificates and death certificates are examples of vital records. So are marriage licenses or marriage certificates. Separation agreements and divorce certificates or divorce parties are also vital records. Vital records in some countries contain documentation of domestic partnerships or civil unions.

Vital records are routinely kept in the United States at both the county and state levels. Vital records are kept on file with the civil registry in the UK and many other nations. Vital records are open to the public in the United States. These documents are typically accessible in person at the government office. Copies are available upon payment. Certified and uncertified copies are the two different kinds. Uncertified copies lack the official stamp of the governing body. They are not endorsed as documents for identification. Certified copies are official copies that can be used as identity documents. 

The Michigan Division for Vital Records and Health Statistics keeps vital records. It keeps records of incidents that took place in the State of Michigan on file as follows:

[ a ]  Birth Records (1867 to the Present).

[ b ]  Death Records (1867 to the Present).

[ c ]  Records of Marriage (1867 to the Present).

[ d ]  Records of divorce (1897 to the Present).

[ e ]  Affidavit of Parentage (since June 1, 1997). You can go to the court where the documents were filed for documents submitted before 1997.

Vital records are registered and preserved by the state government. Certified copies are provided by the Division for Vital Records and Health Statistics. The records go back to 1867. In Michigan, vital records include birth, death, fetal death, marriage, and divorce certificates. Vital statistics are vital to public health, policy, and scientific research. They are compiled from these event registries. as well as Michigan’s Central Cancer Registry and Birth Defects Registry.

You should be aware that Michigan regulates access to vital records. This is because they own private information. You should be aware that Michigan regulates access to vital records. This is because they hold private information. The Michigan Department of Health and Human Services or MDHHS. This is where you may find marriage and divorce records. Send the vital records office the information you want to be verified. You don’t need to fulfill any qualifying condition to send a verification. You just need proof the record exists. A certificate’s certified copy is available upon request. You must show reasonable and distinct interest in the record you are seeking. You must be related to the individual or individuals whose names appear in the document. You may also be representing them in court.

Does a father have a right to pursue paternity?

Parental rights of a child are instantly given to their mothers. If you are the child’s biological mother, this is the default. Even if you are unmarried, you will never have to show documentation of your parenthood. You don’t enjoy any special rights that distinguish you from fathers or guys in general. You serve as the primary homemaker. You are the caregiver for children in a typical family structure. The challenge of putting a parent’s name on a child’s certificate is really for the father. Given that mothers are the newborns’ biological parents, their engagement is only natural. Fatherhood is not something that just happens at least not in the eyes of the law.

Until paternity is confirmed, a father cannot take part in parenting. He still has to prove his legal eligibility to be recognized as the child’s father. A father must submit a petition to prove paternity, often known as a DP case. Child support, parenting time allocation, and custody decisions all involve the father. It only becomes significant once paternity has been proven.

The law acknowledges the biological father. It is stated in the Public Act 159 of 2012’s Revocation of Paternity Act. Let’s call it RPA for short. It refers to the father establishing his paternity in the case of a child born during a marriage. Paternity can only be established if done within a year of the date of the decree of filiation. Paternity must be established within the first three years of the child’s life. According to the RPA, actions may be filed as long as they are filed within a year of the law’s passage. The earliest date that may be used is June 12, 2013.

An alleged father may ask for an order of filiation. He may do so under the RPA’s rules to prove his fatherhood. Paternity must be proven by the father with persuasive proof under Section 7 of the RPA. People who are married are exempt from needing to prove paternity in court. The biological father must go through the required steps. He is not legally recognized as a parent until he does so. If the minor is a child of divorced parents, this is especially true.

In one way, the RPA of Michigan is distinctive. According to the RPA, you are the child’s legal father if you are married to the woman who gave birth to the child. The RPA states that only the father or mother may contest paternity. When a couple is already married and a child is born, this happens. The biological father is not allowed to do this under RPA. An “Acknowledgement of Parentage” is proof the biological father is the child’s father. It must be signed by the mother. You need these papers if the parents are not married. A man cannot be recognized as the child’s father without this document. You have the right under the law to enforce this Agreement. The document declares to everyone the person is the child’s biological father. It says that the mother and father came to this decision.

How can you get added to your child’s birth certificate?

Paternity establishment is the formal declaration of a guy as the child’s father. If you were married to the mother when the child was born, you are considered to be the legal father. The mother is your wife, and she becomes pregnant. Legally, you are regarded as the father. The mother’s husband is the child’s legal father in this situation.

Unmarried parents can establish paternity in one of three ways:

[ a ]  Upon one’s own motion, by the execution of an Affidavit of Parentage. This could mean that they are okay with the father of the child being revealed;

[ b ]  Either parent or the prosecutor may request the court’s help in establishing paternity. A written Acknowledgement of Parentage from the mother might not be obtained by the biological father. The biological father can submit a Notice of Intent to Claim Paternity. The paternity notice guards against the prospective adoption of the child. Before the child is born, you may need to submit this. This usually necessitates a court hearing and DNA paternity test. Genetic testing is another name for DNA testing, which is frequently used interchangeably.

[ c ]  Another method of establishing paternity is adoption.

There is a child or pregnancy in the relationship you have with the woman. You may experience inadequacy. You might believe that the mother of the child you share with someone else controls all aspects of your rights. Not being able to see or live with your child is one concern that could arise. The good news is that your parental rights are recognized by Michigan law. A biological father has a right under state law to be recognized as the child’s father. According to the law, you can ask for or request visiting or custody rights. You still have a say in the upbringing of your child.

The changing perceptions of what it means to be a man present a challenge for the modern father. Today’s “ideal father” is more caring and kid-centered. We’re starting to understand how crucial fathers are to a happy upbringing. The American ambition for material success conflicts with this idea. Ironic, really. You need to be aware of the legal framework before pursuing your fatherhood rights. Understanding Michigan’s rules is crucial. When it comes to paternity and children, laws and rules vary from state to state.

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How to Divorce on a Tight Budget #ChooseGoldmanLaw

As the parties battle over issues, the cost of the divorce may rise. You have a limited budget. There is a limit to how much may be devoted to the divorce. You must determine what is truly essential to you and put your attention there. You might need to rid your divorce of matters that are not important. Like purchasing a car. You choose a car that falls within your budget because you usually have one. The same is true of divorce. How to divorce on a tight budget?

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Budget-conscious individuals frequently quarrel about pots and pans. People with limited resources are more likely to quarrel over easily replaceable items. A limited budget is quite acceptable. There is nothing improper with letting your attorney know your price range. Your attorney will be able to estimate how much work can be completed on a given budget. You must act reasonably if you want the cost of the legal fees to be reasonable. You must use caution when deciding which matters you want your attorney to take on.

What is not worth fighting over in a divorce?

Avoid instigating a fight out of spite or out of the urge to take revenge. Stop stalling. Let your counsel handle all of the opposing party’s pointless objections and motions. Refrain from responding to them. Your lawyer should have faced a fair share of battles. And has probably seen all the variations of skirmishes in a divorce case.

Here are some legal matters you should not be fighting over.

Items that obviously and you know belong to your spouse.

One partner may hold onto something. Something they are aware of doesn’t belong to them to prevent grieving. Obstructionism could be as simple as keeping your ex-spouse’s diploma in a frame. This could not be in line with your actual or perceived contribution to your spouse’s success. or the vinyl record collection of your father-in-law. They belong to your spouse, do you need a judge to tell you that?

Furnishings and fixtures are very common.

It can be difficult to accept. A battered, elderly rocking chair will cause a standstill. A rocker from the couple’s dorm-room apartment while they were students. an outdated lampshade. a damaged bike. There are arguments over widely accessible things. Out-of-date objects are not usually reasonably desired by spouses. An antique or heirloom may be worth the effort in some circumstances.

Instruments, apparatus, and appliances.

A blender for food. Even a set of precise instruments can result in significant issues during a divorce. These products are typically cheap and not all that distinctive. Couples will frequently fight about how to distribute these items. There are more disputes about this type of ownership than you may think. Perhaps it’s a way of getting back at the partner who originally desired the item. It can be a sentimental reaction to something familiar.

Food.

A struggle over food happens. If money is tight, this can occasionally be a real problem. This is frequently just a ruse to continue annoying you. Maybe it’s the caviar from the party last night. The $1200 per pound truffles. The thawed salmon for sushi may be the culprit. In certain divorces, food can elicit intense emotions.

Who gets which car?

Others may disagree. Some contend that the way the vehicles are divided is crucial and challenging. A disagreement between the parties frequently gives rise to this problem. A dispute over whether to buy or rent a certain form of transportation. One or the other partner is more excited to display their car. More crucial than attempting to solve their financial situation. Common sense frequently gets ignored in many situations.

Antique or wedding photos.

Reprints and digital storage both appear to be simple fixes. Talking about family photos can occasionally become contentious. For some couples, talking about pictures and other memories can be problematic. It is done so out of sentimentality or to throw them away.

Friends.

Friendship division may be quite draining on energies. Almost as much as the division of property. During the proceedings, there is a rush of unfriending on Facebook. Even the approaching college reunion is the subject of contention. Friendship disputes are unimportant since they involve other people. Individuals with the capacity and desire to make their judgments. Sometimes, divorcing partners will argue pointlessly for hours.

Pets or animals.

Many people would argue that these are not unimportant issues. This demonstrates a strong connection with adopted furry family members. Connections were made before the breakup. Couples could have long bitter arguments over who should have “custody” of the fish. Some people have a real enthusiasm for keeping reptiles like turtles and snakes. As a result of these heated discussions, various visiting plans have been made for pets.

Email accounts.

A family’s common email account has a pleasant or straightforward user name. When a couple splits up, ownership of the name becomes a bit complicated. To overcome the difficulties, a lot of talent is frequently required. The name on the account may be kept by one partner or both partners for their use while the other is denied access. A single partner creates a different account. A difficulty could arise if one party refuses to alter the name on the main account. Solving such a complex problem will take more time and money.

Arguments can appear pretty pointless to outsiders, especially. It can occasionally be managed more sanely than the primary issues that couples face. Problems with housing, maintenance, child custody, and parenting time should be more important. These conflicts may slow down the divorce procedure. Increasing expenses and delaying the divorce decree’s execution.

What is worthy of a battle in your divorce case?

Before filing for divorce, some couples discuss the details of their settlement agreement. They are amenable to a divorce. They present the court with the settlement agreement. Throughout the process, your lawyers will try to negotiate a divorce settlement agreement. Your attorneys concentrate on the factors that affect divorce outcomes. And you should too.

In your divorce case, you should fight for these things.

Your relationship with your children.

We caution clients against taking parenting time for granted. Oftentimes couples don’t consider parenting time when drafting a divorce settlement contract. They frequently state that they do not desire a detailed parenting-time plan. They think they can cooperate and be reasonable. That you will always get along and that your divorce will be pleasant does not follow. Parenting-time disagreements are fairly prevalent, even when there is a set schedule. You ought to have a detailed parenting routine set up. Future issues are avoided with such efforts. This is in your best interest, but more significantly, it’s in the children’s best interest. In a divorce settlement, it is essential to demand this parenting time schedule. Parenting time schedules and custody agreements must be in place. Fairness won’t be a subject of concern. Or who is in charge of the children on a particular holiday? In your agreement, you should also include a detailed holiday calendar.

The quality of your life. The quality of your children’s.

You need to be in a stable financial situation to maintain the quality of your life and that of your children. Both child support and alimony will be exchanged between the parties. You should be clear about these provisions in your divorce settlement agreement. All parties concerned should be conscious of their responsibilities. You must reveal your current salary as well as the income used to determine support. Mention the monthly alimony payment amount, the date it starts, and the length of time it will last. In alimony, even a short-term obligation should be mentioned. The terms of the agreement must also specify when alimony would end. A partner’s death or the remarriage of the spouse receiving support could be the cause.

Your right to health and life.

Make sure to include a provision for insurance in your divorce settlement agreement. To keep your life insurance active, your spouse must provide help. It needs to be in an amount enough to pay for his or her obligation to pay alimony. The other spouse ought to be the policy’s beneficiary. This will protect your finances if your ex-spouse dies after your divorce. You will be sure to keep getting paid as a result. A sum that will help you maintain yourself, your children, or both.

Your private assets as well as your proportion of the joint property.

Your marital home may be your only large asset if your family is normal. Once the divorce has been finalized, the ex-spouses may decide to sell the family home. The possibility exists that one of the parties has since relocated. The divorce settlement process will benefit from knowing the details of the house sale. You might specify that it must be put on the market and remain there for at least 30 days after the divorce. Even further, some couples specify the precise offerings that are acceptable.

Make sure to list the retirement assets of each party. State who will receive each item or the distribution of the assets. Check the distribution of the various retirement accounts. You should include 401(k)s and pensions. A qualified domestic relations order (QDRO) is crucial. Include a clause stating who is responsible for paying the completed QDRO. You may roll over an IRA distribution that was split. A period for when something should happen should be specified.

What are the costs that matter in a tight budget?

There are costs associated with the legal process. You must take them into account in the context of the outcome you seek. Divorce can be pricey. It can be inexpensive depending on the result you’re going for. Talk with your lawyer about this outcome before the start of the collaboration. It is a decision that you should have thought about. A decision made even before your initial consultation with your lawyer. The retainer and the hourly rate would have been already quoted by now. This is if you have already inquired about legal fees.

These are the costs and legal fees that matter. This is what will matter especially if you have a tight budget.

Retainers for attorneys and hourly rates

Your retainer fee could be as low as $275 or as high as $375. This depends on the experience, knowledge, and reputation of the family law firm. These hourly rates may significantly increase. It can be driven higher as you move closer to heavily populated urban areas and commercial hubs. If you consider the entire US, the range will be broader, starting at a low of $200 and rising to a high of more than $400 per hour. The cost of a retainer might run from $2,000 to $6,000. In the grand scheme of things, the range is less than $5000 to $7000. This could differ from state to state and from city to city. Costs can be influenced by many factors, as we have already explained. There are different fees associated with each stage of the divorce process. It can rise with issues like child custody and parenting time.

Costs of Court Filing

The cost of filing a lawsuit, as of the time this article was written, might be between $85 and $150. Fees include those for custody and parenting, support, and friends of the court. Add arbitration, mediation, and contempt for non-compliance with parenting time rules. This does not include some forms of punishment. The circuit court fee schedule, ancillary guardianship, and conservatorship filing fees are $150. There are other civil filing fees for cases filed in the family division. You can get a subpoena to testify outside of the state without paying a fee. The most recent list of filing fees is available from your local Circuit Court.

There will be people who cannot afford attorneys. They have the option of contacting the Friend of the Court or FOC for free services. This service is currently only available in child custody disputes.

As a client, the costs described above are the most realistic estimates you can get. The catch here is that there are costs that are client driven. Meaning, it’s you who will drive the cost as the divorce progresses.

Client-driven costs.

Activities that aren’t genuinely motivated by justice may be driven by clients. Not everyone’s interests are what drive it. Most of the time, it is driven by arrogance, wrath, and jealousy. It encourages animosity between partners. We refer to these conflicts as “acrimonious battles.” In one instance, a child’s representation was woefully inadequate. Another person, such as an expert, has to be hired by the court to represent the child. The expert’s fees were subsequently covered by the parents. Some costs are influenced by the asset valuation in the property division. Costs might increase dramatically and fast under these conditions.

An hourly rate is not the total cost when an attorney or law firm quotes you a fee. The lawyer is only providing you with the hourly rate. A fee rate will be used when they devote the necessary time to your case. Your attorney is unsure of the exact amount that will be shown in your billings. They are uncertain of the number of hours they will have to put in. They can’t be certain until they begin working on the divorce case’s legal requirements.

So the best course of action is to speak with a lawyer and have an idea of what you want to happen. After discussing your plan of attack, bring up the subject of fees. Set a budget that you and your attorney can work within.

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