What Should I Do If I Have Suspicion My Ex Is Abusing Our Child In Michigan?

Child abuse is defined by the court in a very narrow and particular way. Claims of abuse are frequently used as leverage in child custody disputes. What should I do if I have suspicion my ex is abusing our child? Child Protective Services, also known as CPS, should have already received your report. Allegations of child abuse are quite serious.

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The court might not take your definition of abuse fully because it is simply too broad. The court frequently considers allegations of abuse in the context of family court cases and custody disputes. Proceed with caution if you want to use abuse as leverage in a custody battle since your reputation could be damaged if CPS finds the allegations to be untrue.

 

Stop and Think Before You Act

We already wrote a piece on this topic with the title, “What To Do If Your Child Says Your Ex Is Abusive, But There’s No Evidence” in our Legal Blog. 

In that article we talked about approaching suspicions of child abuse and even neglect, very carefully. You must first realize how much awareness you have of what abuse looks like. Another type of abuse is neglect. Are you able to identify it when you see it?

But trying to handle things on your own in this situation is the worst thing you can do. You might decide based on your limited understanding and appreciation of the situation, to withhold parenting time of your ex.

You take the hasty decision to keep your spouse and child apart. You just cut off parenting time without cause.

If you do that without providing any tangible proof, the only thing that will result is that your parental rights will start to be curtailed. Your husband, who is on the other side, will submit a motion. They’re also going to say that you withheld the child in violation of the court’s order.

Therefore, refrain from taking matters into your own hands and denying your ex spouse time with your children.

Of course your child informed you that something wasn’t right. But you lack evidence.

In that case, the court will consider what you did to be a flagrant violation of the court’s order,  and might deprive you of your parenting time.

The most crucial thing right now is to let your partner know that you have this issue. Determine what is actually happening. If there’s a very opportune and important time to communicate, this should be it.

 

Understand What Is Considered Child Abuse in Michigan

Allegations of child abuse should not be taken lightly. Many people discuss child abuse without actually defining what it is. The meaning of child abuse is an extremely fluid concept. Even the method for identifying child abuse from a medical standpoint is changing. Consequences arise from ignorance.

We posted an article talking exclusively about child abuse entitled, “What Is Considered Child Abuse in Michigan?” defining what child abuse means to the state of Michigan.

In the eyes of state statutes, child abuse is like a spectrum or is an offense committed in a matter of degrees.

Here is how the law defines child abuse, and this is where you will learn how the law categorizes it.

The following scenarios qualify as child abuse in the fourth degree for the offender:

A specific level of child abuse is regarded as a misdemeanor. When a child is physically harmed due to someone else’s carelessness or negligence, it is a misdemeanor. Or, regardless of whether physical harm occurs, the behavior was intentional or knowing and exposes a child to a disproportionate risk of injury or harm.

You will be found guilty in the fourth degree by the court in this situation.

Third-degree child abuse is the next level of abuse against children. This occurs when someone purposely or knowingly causes physical injury to a child. A person willfully or knowingly commits a crime that actually causes bodily harm to a child, and the crime places a child in an unreasonable danger of harm or injury given the circumstances.

The offense of second-degree child abuse is a little more serious. When a person’s negligent activity causes a child to sustain substantial physical or mental harm as a result of their action, or vice versa, it is considered child abuse in the second degree. Whether or not injury is experienced, the act was done purposely or knowingly with the intent to significantly hurt a child’s physical or mental health.

Serious repercussions will come next in this scenario.

If someone’s negligent behavior causes a child to sustain severe bodily or mental harm as a result of their omission, or vice versa. Or, regardless of whether injury is caused, the behavior was done with the goal to significantly hurt a child’s physical or mental health. Any act that is cruel to a kid, whether or not it results in injury, and is carried out deliberately or willfully is regarded as first-degree abuse. There are significantly grave repercussions for this degree.

 

A Child Abuse or Domestic Abuse Allegation Have Consequences

Whether the allegations are true or are false, child abuse or domestic abuse allegations against another parent have consequences. It has, most especially on children. 

Even when an accusation is ultimately proven false, there may have been years or even months of judicial drama. Typically, the children have heard one or both sides of the story, and on rare occasions, they have even been made to help fabricate lies. A minor child’s life is frequently and permanently changed when they experience emotional distress as a result of a lawsuit based on false allegations.

Imagine a situation where a child is asked to create evidence for the police and then, as a result of these accusations, the child is responsible for her father’s incarceration. For the remainder of her life, the child will feel guilty about her father’s imprisonment.

Not only will the child go through all of that, but guardian ad litem visits to their school will subsequently stigmatize the child.

A guardian ad litem, often known as a “GAL,” is an attorney appointed by the court to carry out an investigation and deliver the findings and recommendations to the court. The investigation, report, and recommendations all take the child’s best interests into account.

A GAL may be appointed to represent someone who is incarcerated, under the age of 18, or who lacks legal capacity (such as a person with a mental disability).

You have to consider the impact of portraying one parent as a monster in a child’s eyes. Why would a parent act in that way? All of those things listed above don’t they constitute child abuse?

When child abuse is reported to Child Protective Services or CPS, a number of procedures are initiated to look into and confirm the abuse. CPS has 30 days to complete its inquiry, barring exceptional circumstances that warrant a longer period. CPS must launch an inquiry after receiving a report of child abuse within 24 hours.

You don’t want to involve CPS too soon after your child complains that your ex-partner is abusing them. Talk to your child about it. Work it out with your ex. You could also look for expert assistance outside of CPS and the court.

So, in situations which appears to be child abuse, be discerning and not jump into conclusions.You also don’t want to be the parent that cried “wolf” in this situation. You want to establish your credibility in court. Hurling hasty child abuse allegations may not be the best way to do it. A candid talk with your ex may help clear things up and not blow things into disastrous proportions. 

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Do I Really Want A Gray Divorce Now?

Is there truly a certain age at which divorce is no longer worth the trouble? Do I really want a gray divorce now?  20 or 30 years of marriage won’t really matter if you’re miserable every day as a consequence of being married to your spouse. You need to be concerned about your emotional and mental well-being.

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If putting up with marriage is regarded from the perspective of resolving marital problems, there may be some rationality in tolerating marriage. The marriage should not, however, tolerate physical abuse, drug misuse, or criminal activities. The entire marital estate may be in danger in a marriage if there has been criminal behavior. These are excellent excuses for ending your marriage. In particular, if you haven’t held a job for 20 to 30 years or more of your marriage, you could be concerned about how you’ll support yourself. To ensure your financial well-being after divorce, the court can establish arrangements.

 

The Compelling Reasons To End Marriage at 50

In the perspective of the state of Michigan, there’s really no compelling reason to get divorce. Michigan is a “no-fault” divorce state and does not require any particular reason for approving a divorce.

The position of the state on dissolving marriage does not downplay the fact that divorce rate for couples 50 and older have steadily been increasing for more than ten years now. In fact, it has doubled between 1990 and 2010. The reasons driving divorce for young couples are driving divorce for older ones.

Persistent long-term infidelity

Infidelity will never be easy for spouses to forgive, or they may decide that enough is enough and decide to end the affair and go on with their lives. The best option for ending a relationship with an unfaithful partner is divorce. There are so many celebrity unions that seem to support this idea. Simply put, spouses grew weary with the game of hide and seek and the intermittent season of spousal infidelity.

Recurrent problems from each other’s pasts.

Unresolved problems, unacknowledged harm, or unspoken dreams can persist and now have more room and time to haunt you. There is space created by the void. Some of these wounds never fully recovered. The cause of these injuries was never atoned for. For the sake of marital harmony, we keep the dreams we had before we got married. This act of kindness undermines our sense of gratitude for being together by going unappreciated and unacknowledged. All of that is due to the fact that you haven’t talked for a very long time.

A deteriorating situation of financial difficulty.

The amount of money may appear minor, but what money means to each person individually is what fuels and heightens conflict between partners. Spenders view their use of money as a form of freedom. Money is the cornerstone of security for the thrifty.

The inadequate and hurtful communication.

In a marriage, a couple will typically switch between various communication styles. They progress to becoming dismissive, evasive, and stonewalling before developing contempt for their relationships. The eventual breakdown of a marriage appears to be strongly correlated with contempt. Communication only becomes necessary when you are not only disrespectful but also inconvenient.

The home is currently an empty nest.

Children are often the thread that holds a marriage together. After the kids move out, many couples find they no longer have any interests since they were so preoccupied with parenting and careers. If the couple can discuss these issues and communicate, the marriage will be strengthened. Many marriages terminate after the children are fully grown and living on their own. Some couples decide to put off getting married until the beloved family pet dies. A spouse may choose to retire early and go on vacation in certain situations. Because this spouse wants to keep working, the other spouse might not share this desire to travel. For both couples, the house is starting to seem empty.

 

What Are My Challenges Ending Marriage at 50

More than 50% of people in Michigan are now 50 years of age or older. Currently, 25% of people in Michigan are 60 years of age or older. In total that’s roughly more than 2.46 million people. So it’s a safe assumption our demographics include a substantial proportion of baby boomers. Such an aging population also has its own challenges. 

For couples considering divorce, we’re repeating what we have posted in our article, “What You Need To Know About Gray Divorce” where we talked about gray divorce, its drivers, challenges, and alternatives.

Below are the challenges we mentioned in the above-mentioned article.

Spousal support.

Support from a spouse may be contested. People argue that since extremely young children are rarely involved in gray divorces and both spouses are likely to be able to work full-time, spousal assistance should not be provided. On the other hand, if one spouse was a stay-at-home parent throughout the marriage, he or she could need more schooling or training in order to be ready for the workforce. It might be challenging to enter or reenter the workforce after the age of 50.

Child support.

Child support for an older dependent child will focus more on expenses like tuition, college housing and meals, books, car insurance, and cell phones as opposed to a younger child, for whom childcare may be a considerable expense.

When both partners are 50 or older, the likelihood of having young children in the family declines. If there are dependents, the children are most likely in high school or college. Custody and visitation conflicts are less complicated with older dependent children. Unlike an infant or toddler at a primary school or daycare, parents frequently do not have to drive them as frequently to school and activities.

A shrinking purse.

It offers your ex-spouse time to restore their financial status if you divorce early, in your 30s, 40s, or even 50s. Starting in the middle of the 1950s, long-term couples experience more difficulty recovering financially. Assets and debts are often split equally. The retirement money for a couple is currently only about half of what it once was. Recovery of the economy will now take longer. It is especially true if retirement is soon. The longer a relationship has existed, the more difficult it is for them to repair.

Limited job opportunities in the digital age.

Age discrimination in the workplace still exists despite people working longer hours and retiring later. Those who enter or re-enter the workforce in their mid- to late-50s or early- to late-60s are in serious jeopardy. The time lost cannot be made up by a spouse who raised children while remaining at home or even working part-time. The employability of persons in their 50s and 60s is declining in comparison to younger job seekers.

Gray divorcees must compete with younger workers in a competitive employment market where they can afford benefits like health insurance. Additionally, it is more difficult for someone who lacks technical proficiency in the digital age, when skill sets are changing swiftly.

Leaving the marital home.

Divorce is never easy, and leaving the marital residence is also never easy. When it comes to gray divorces, this is especially true. Even the most difficult situations can occasionally be made easier to bear in a comfortable and familiar environment. But after a divorce, it’s common for one spouse to have to leave the house, which makes the process even more difficult. It’s not always easy, not even for the spouse who gets to keep the house. After a divorce, one spouse can find it significantly more difficult to afford a mortgage, property taxes, and regular maintenance.

 

Do I Have Choices Aside From Divorce at 50

When a spouse in a long-term partnership suddenly enters the retirement phase, you would have plenty of free time and a lot of grandchildren too. There are most likely more justifications for your marriage to endure than against it.

Regardless of how you go about it, divorce will cost money and be emotionally draining, but there are other options that are worth considering. The reasoning for divorce laws is constructed in a way that gives spouses time to consider their options. For this reason, the statues have a cooling off time that serves as a waiting interval.

You might ask yourself if there is an alternative to dissolving marriage. We did answer that question in an article we published, “Are There Alternatives To Gray Divorce In Michigan?” where we talked about some legal alternatives to divorce.

We covered several in that article.

Private separation agreement.

A private separation agreement is a loose arrangement made by the parties outlining the terms of their separation. Despite the fact that you may believe you are divorced, there is no enforceable document in Michigan. A private separation agreement may complicate matters if the formal separation results in divorce. For instance, the “agreement” on property, the children, or support is unlikely to be maintained in court unless it is in writing. Even worse, you risk complicating a custody issue by fostering a custodial environment. A private separation agreement differs from a legal separation.

Separate maintenance agreement.

A Separate Maintenance Agreement is a type of legal separation that, in many ways, resembles a divorce. In Michigan, separate maintenance filing requirements also include residency and grounds. For child support, spousal support, child custody, and property division, the same guidelines apply. The primary difference is that paying separate maintenance doesn’t dissolve the marriage. In contrast to a divorce, the parties do remain married. A divorce that is “legal” in Michigan is one that is set up as a Separate Maintenance Agreement or Post Nuptial Agreement. The common argument for entering into a Separate Maintenance Agreement is to avoid divorce, especially where moral or religious issues are of the utmost significance.

Postnuptial agreement.

This separation agreement is commonly recognized by Michigan law as one of the most useful legal separation tools. Contrary to a Separate Maintenance Agreement, you can still be covered by your spouse’s health insurance while you are living apart. A postnuptial agreement is one that you sign after being married, just as a prenuptial agreement.

The Postnuptial Agreement may be enforceable even if the parties are not living separately during its term. To do this, lawyers first petition for divorce, after which they sign the Post Nuptial Agreement, they then dismiss the divorce case.

 

The Hard Questions To Ask If I’m Thinking of Divorce At 50

If divorce really is a compelling choice for you, there’s some very important questions you need to consider and to find answers. We compiled and talked about these questions in an article entitled, “Gray Divorce & Preparing To Be Alone” where we hope you can reflect about life after a gray divorce.

Just like losing someone in death forces you to deal with loss, living solo forces you to look forward to being alone. Have you considered how living alone might impact your life? The legal details of your divorce will be handled by your attorney, but they will also offer you time to think about what life will be like following the divorce.

Try asking yourself and answering these questions.

What is your income going to look like after the divorce?

Your income potential may be substantially different at 50 than it was when you were 20 or even a few years ago. On the market, different talents are in demand. You or your spouse may be reaching your prime earning years depending on your particular circumstances. On the other hand, it’s likely that as you or your spouse age, your abilities will deteriorate and your income will decline dramatically.

Can you cover your medical expenses, do you have health coverage?

Managing your healthcare and insurance could be very difficult if you won’t be eligible for job benefits and aren’t close to becoming eligible for Medicare. Individual health insurance under the Affordable Care Act (ACA) and COBRA help bridge the gap.

How is retirement going to look like for you?

Your financial struggles are made worse by having your nest egg cut in half, regardless of how many zeros are present in your total 401(k) and IRA balances. The more accounts you have, the more complicated the options for splitting them up and potentially creative ways to minimize taxes.

How is your mental health or well being right now?

In cases of elderly couples going through divorce, the potential for cognitive, psychological, or addiction difficulties having a negative impact on decision-making may also exist. In some circumstances, you might even need to consider appointing a conservator or guardian.

Do you still need to provide support for family members? How will your divorce affect your children, your family?

You have more difficulties if you are also supporting children financially. If necessary, discuss these with your spouse, children, and attorney. The emotional and social effects that a parental divorce may have on the involved adult children are equally important. Don’t take this for granted and think about whether even a few counseling sessions could be helpful for everyone. Divorce is challenging for everyone involved, even if it is peacefully ended.

Do you have clarity as to what will be life after divorce?

After many years of marriage, when a couple decides to get divorced, they must deal with not one, but two major sources of uncertainty: the possibility of living alone and the concerns surrounding the typical retirement age. What is it that you genuinely want out of this new life you have chosen? What feels and looks like a typical day in that new life? Who do you want to surround yourself with in that life—friends, family, or coworkers? Think about it and try to visualize your ideal life as precisely as you can.

Think again. Ask yourself again.

Do I really want a gray divorce now?

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

 

Preparing for First Court Date for Child Abuse Charges In Michigan

Sexual, physical, or other forms of abuse are all quite severe accusations. It is advisable to have legal representation if you are getting ready for your first court appearance regarding allegations of child abuse. Self-representation may not be the best course of action when facing extremely serious claims or charges.

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It may be a risky move to decide to represent oneself, but keep in mind that there are many difficulties to be dealt with in child abuse situations. It’s possible that you were merely exercising parental discipline. Be aware that different people’s definitions of “reasonable” may vary greatly, and the word is not necessarily to be taken lightly. You need a lawyer who can help you navigate the legal system.

 

Michigan’s Child Protective Proceedings

Michigan’s child protection proceeding follows certain important steps, based on the underlying facts of the child abuse case:

MDHHS Order to Take and Place

The Michigan Department of Health and Human Services or MDHHS may ask the court to issue an Order to Take and Place the Child into Protective Custody if it considers that a child’s welfare is in immediate risk as a result of a threat from a custodial parent. Based on the child’s needs, such an order may be given at any time, day or night. The parent has the right to challenge the court’s order to remove the child from their care if it is issued within 24 hours following the removal. Prior to the preliminary hearing, which will be scheduled within 24 hours, the Department must submit a Petition.

MDHHS Petition

The Petition is the initial step in the child protection process if a child is not being removed urgently. The petition is the next step in the process if the judge has approved an emergency removal. Although other people are permitted to file child protective petitions, the MDHHS usually initiates the process. The petition will outline the facts and legal foundation that, in the petitioner’s opinion, justify the trial court’s exercise of jurisdiction over the child in order to ensure the child’s protection.

Preliminary Hearing or Pretrial Conference

Within 24 hours of the child being taken away from the parents’ custody, the preliminary hearing will be scheduled. Will talk more about preliminary hearing or pretrial conference in a bit.

Adjudication After Pretrial Conference

At an adjudication trial, the petitioner has the burden of proving, by a preponderance of the evidence, that one or more of the allegations made in the petition are accurate and that the court should exercise jurisdiction over the child as a result. The parent has the option of having the matter decided by a jury or on a judge-only bench. If the judge or the jury rules that the petitioner has established one or more facts and that jurisdiction should be exercised, the trial court will next make a decision.

The Court’s Disposition

The court decides what disposition to enter into for that parent and child once the accused parent has been found guilty of child abuse or neglect as a result of a child protection petition.

In the most extreme situations, the court may decide to terminate a parent’s parental rights to the child at the initial disposition. This is only applicable, though, in situations when the parent put the child at a very high risk of harm or death or engaged in serious physical or sexual abuse of the child. In all other situations, the court will compel the parents to take part in a parenting education class with the aim of reunifying the child with the parent.

The trial court will order the child to be returned home if the parent is successful in adhering to their treatment plan or parenting education, and the obstacles to reunification are eliminated.

Review and Planning Hearings

The Family Court must schedule a statutory review hearing every 90 days to assess the parent’s compliance with their treatment plan and the welfare of the child while in foster care if the parental rights of the parent were not terminated at the initial dispositional hearing in the case. 

In addition, the court must examine the child’s final aim during a hearing for permanency planning at least once every 12 months. The trial court may order that the petitioner submit a supplemental petition seeking for the parent’s parental rights to be terminated if the court determines that the parent is not moving forward with their treatment goals in a satisfactory manner.

 

The Preliminary Hearing or Pretrial Conference

The court must hold a preliminary hearing if it has granted permission for the emergency removal of a minor child from a parent’s custody in order to examine whether doing so would be detrimental to the child’s welfare and what reasonable measures the State had taken to prevent the removal.

If there is reason to believe one or more of the petitioner’s allegations to be accurate, the petition may be approved.

The following objectives are made possible by this first step in the legal decision-making process:

  • [a] Inform the parents of the claims, their legal rights, and the procedures.
  • [b] Determine the child’s risk.
  • [c] Select the right venue
  • [d] Understand jurisdictional details
  • [e] Take into account a request for emergency protective placement.
  • [f] Begin thinking about suitable relative placements.
  • [g] Get the process started for gathering the child’s medical data.
  • [h] Evaluate the parenting time concerns before trial
  • [i] Start the investigation process

There won’t be a preliminary hearing if there isn’t a request for removal; instead, the court will arrange a pretrial meeting before the adjudication trial if the petitioner only feels that the court has to become involved to safeguard the child.

Pretrial proceedings have three goals: It offers a chance for an early resolution of the case without a trial or for the concerns to be clarified before the trial. In addition, this hearing is used to submit motions, exchange witness lists, and set deadlines for discovery. The court and the parties may then agree on a trial date. The pretrial hearing is the first time the respondent(s) are represented by counsel in various jurisdictions. Even if the law allows for more than one pretrial hearing to be convened, this rarely happens.

Because of its scheduling, the pretrial hearing can be beneficial because it enables the parties to better comprehend the case’s facts and what would be required to settle the dispute. The respondent(s) will have legal representation, the child’s lawyer-guardian ad litem will have had a chance to complete the required investigation, and the agency staff will be more aware of the factors that are crucial to the child’s welfare and the services that will be required to address those factors.

Each party should understand what is minimally required to conclude the matter, what more information is required, a tentative list of witnesses to be called in the event a trial is necessary, and an estimated amount of time to prepare for the trial while preparing for the pretrial.

 

The Truth About Self Representation

Since the founding of our nation, federal law has acknowledged the right to self-representation. In accordance with the rules of each court, parties may plead and conduct their own cases in any court in the United States, either alone or with legal representation.

A person or litigant who chooses to represent himself or herself is referred to as “pro per” or “pro se” litigant. The term “Pro Per” or “Pro Se” litigant refers to a person who represents oneself in court without the assistance of an attorney.

According to the law, a person representing oneself is subject to the same obligations and rules as an attorney admitted to practice law in the State of Michigan. Such a person must understand the requirements of the law and how to carry out his or her objectives in line with the relevant statutes and court rules. 

Judges and hearing officers are not permitted to give legal counsel. Many court personnel are not attorneys. Do not request legal counsel from them. Instead of seeking advice from the court employees, consult the Michigan Court Rules and Michigan legislation. The only information court employees may share is procedural information.

Self-representation is a questionable proposition despite these few benefits because there are many more disadvantages. Licensed attorneys often complete three years of legal education and have handled a number of criminal cases, so they are knowledgeable about the laws, regulations, and tactics that relate to mounting a criminal defense.

Pro per defendants are expected to be aware of and abide by these rules. Their case is frequently doomed by a lack of defense strategy. The judge won’t assist you or hold your hand. Several years in prison can be at stake in many criminal instances. If you made blunders during your trial, an appeals court won’t grant you a second chance.

Tread cautiously when invoking your right to self presentation.

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Hidden Assets In Divorce & How Your Ex Could Be Hiding Assets In Michigan

Attorneys typically look into known assets when they research or investigate a divorce case for marital assets. These assets may be subpoenaed by your counsel. In a divorce, there may be hidden assets. You might be suspicious that your ex is keeping money hidden. You just aren’t able to work it out. It can be difficult if your partner uses cunning to conceal it without leaving a paper trail. These occurrences do occur, as your attorney is cognizant of these tactics.

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The practice of concealing assets is actually punishable in Michigan. If a spouse purposely and knowingly conceals assets from their spouse, they risk losing their share of the marital property. To get things started and conduct the necessary inquiry, you simply need to advise your attorney in the right direction.

 

Common Reasons for Hiding Marital Assets

In a divorce settlement, the state of Michigan requires a fair and equitable division of property, which includes equally sharing all marital assets and obligations. The court will take into account a number of variables when deciding how to divide property in a fair and equitable manner, therefore this does not necessarily imply that everything is equal.

Nevertheless, it’s not unheard of for one or both parties to a divorce to make an effort to conceal assets in order to avoid having to divide them with a spouse.

You may wonder what drives this behavior to conceal assets. Let’s look at some of these reasons.

Entitlement

A spouse may feel they deserve more of the marital assets because they are the breadwinner working for the whole family and the other spouse is just a stay-at-home parent not contributing to income. The other spouse may also feel entitled considering the sacrifice of suspending a career and other opportunities to take care of spouse and children.

Resentment

A spouse in pain for being emotionally or physically abused. These are issues emanating from an abusive spouse, criminal activity in the family or substance abuse disorder in the household. It could be a way for getting back at the spouse for filing the divorce. If you want to see the worst version of your spouse when he or she is resentful, try to read our articles, “What Is Malicious Mother Syndrome In Michigan?” and “How To Deal With A Vindictive Spouse During Divorce In Michigan” to get a glimpse of how low or extreme your spouse may go when they carry that pain of separation.

Desire for financial security.

A spouse is strongly motivated or anxious about their future or their financial security and would like to make sure they have some resources to live on after the divorce. The spouse may be worried about providing for the children and is ensuring some assets are protected for the sake of the children. Yes, it may be unfounded because eventually the court does provide and consider this during the property division. It still does not dispel this fear and anxiousness.

The classic garden variety greed.

The spouse may just have it in his or her nature to be greedy. They just can’t help themselves. They may have been greedy for most of their married life and this greed may actually have made the other spouse realize they had enough of it. Greed is already a reason by itself to hoard and hide marital assets from the spouse.

Making decisions based on such flawed reasoning is frowned upon by the Michigan courts. It is very obvious from the law that the split of assets must be fair and equitable. All marital assets must therefore be disclosed to the court by both parties.

 

Common Ways To Hide Assets

People may utilize a number of techniques to hide assets they do not want to share with their spouse. Let’s look at the many ways they will do it.

Converting and moving assets to cash.

If you have assets that are not fully documented but have a high market value, your spouse might find a way to sell it to get cash. It can be small assets but has stayed hidden for a while and commands a high present value. Once it’s converted to cash, your spouse can buy things you might not be able to trace.

Converting cash into high value portable assets.

Cash is fluid and easy to spend on. It is also difficult to hide. Your spouse can hide it by purchasing high value but portable items like jewelry, art or some form of collectibles. items that gain value through time.

Incurring or creating debt.

It is very easy to sign a document stating you owe someone money. A spouse might use this ploy to make it appear he or she has a lot of liabilities. Liabilities or debt will make it appear the net worth of the marriage is lower than it actually is.

Delaying release and receipt of compensation.

It is not uncommon for an employee to request an employer to defer the release of compensation. The employer will gladly agree to do so. Your spouse might delay the release of compensation and time it right after the divorce is concluded.

Relying on your trust.

Your spouse may not be telling you the value of certain assets or business and relying on the “trust” you have on what your spouse is declaring. We suggest you verify even if you do trust your spouse’s declarations.

Restricting access to financial records or ownership documents.

You will suddenly find it difficult to get records of ownership, titles to assets or are confronted by an irritated or angry spouse when you ask about them. If you haven’t noticed, your bank statements and credit card statements are no longer arriving in your home mailbox.

You can engage with your lawyer to learn more about your marital assets through the discovery process if you’re concerned that your spouse may have hidden money or property. In order to examine these documents, spot any unlawful behavior on the part of your spouse, and make sure that all of your marital assets are fairly appraised and distributed, you might also want to engage with a forensic accountant.

 

Common Approaches to Discovery of Assets

The discovery procedure is used by parties in a civil lawsuit or criminal case to obtain information from other parties, and the same guidelines are applicable in a Michigan divorce case when you’re looking to learn about any assets your spouse might be concealing. The two types of discovery procedures are as follows.

Written Discovery

You can retrieve the paperwork when you request handover of papers, including electronic records, by using:

Interrogatories: Written inquiries sent to your spouse as part of this sort of discovery, and they must be replied within a certain length of time. Interrogatories are useful for gathering information since your lawyer can use them to inquire about the existence and location of assets. There are repercussions for lying because the answers are given under oath and under penalty of perjury.

Requests for Product of Documents: You can use Requests for Production of Paperwork when you need the actual documents pertaining to the assets your spouse might be hiding. Bank statements, tax records, deeds to real estate, or vehicle titles are a few types of documents you may ask for in order to uncover concealed assets.

Issuance of Subpoenas: You can directly contact a bank, employer, or other organization that is in possession of the sought documents when you need the real documents by sending a request or subpoena.

Depositions

A deposition is a question-and-answer session where your attorney questions your spouse about the assets you own, whether they are marital or separate property. Depositions are made in front of a court reporter who records the proceedings on audio and writes it all down. Your husband takes the witness stand and is sworn in at the start of the deposition. False statements carry severe consequences and are considered perjury in legal terms.

Here are some other tips you can use outside the usual process of discovery your attorney may practice.

[a] Look for surges in expenses. If there’s a sudden rise in expenses, check the nature of the expenses. Income and cash flow statements can give you an idea if you are running a business where the cash is being spent on. Check receipts if cash or credit cards are being used. Try to verify if there’ actually cash changing hands for debts suddenly being incurred. Look into purchases of small or portable items carrying unusually high tag prices. You might find that the usual bank and credit card statements are no longer coming into the mail.

[b] Verify latest releases of spouse’s compensation. Your spouse might have requested his or her employer to defer the release of compensation so make direct inquiries with your spouse’s employer. Your spouse’s employer may not want the inconvenience of the drama and legal wrangling that comes with a divorce case, and may be all too willing to disclose information about compensation.

[c] Check for transfers of assets. If such transfers are not based on fair market value, there is likelihood no cash was actually changing hands and no real transfer took place except on paper. There is actually a law on fraudulent transfers and such transactions can be undone under that law.

[d] Check income tax filing. One of the best areas to look for proof that an asset might be hidden is in income tax filings. The sections of the 1040 labeled “Income and Wages,” “Interest and Dividends,” and “Retirement Plan Distributions” should be examined first. Schedule A should also be checked for itemized and other deductions. For any international accounts you might not be aware of, check Schedule B. If your spouse is a sole owner, Schedule C will provide you with details on the revenue and costs of the business. Additionally, Schedule E will detail any assets that can generate income, including investments, trusts, and real estate.

The process of discovery carries certain costs. These costs you need to discuss with your attorney since it drives how far and how deep your attorney can go in the process of discovery. It is not easy to dig into hidden assets and to a certain degree it may require forensic accounting to find assets hidden in the complexity and layers of financial documents.

 

Consequences of Hiding Assets

There are two possible consequences that could occur if it is found that a divorcing party has concealed assets from the court, and neither of them is acceptable. First, the offender may be accused of fraud, which carries a range of potential punishment.

The court’s judgment about the final property division may also be influenced by this discovery. The court might decide to give the non-defrauding spouse a larger sum of money, or it might even give them the entire hidden property. Parties who try to cheat the courts and their spouses by concealing property stand to lose much more than they would have if they had just disclosed the property in the first place.

The attorney needs to be aware of all the assets, liabilities, income, gifts made and received, gifts left in trusts, benefits granted to trusts, and inheritances. It is the lawyer’s responsibility to communicate this information to the opposing party. So, It’s time to have a serious conversation if a customer is trying to hide assets. 

Alternatively, if a client refuses to permit an attorney to disclose an asset (such as a mutual fund), the lawyer must discontinue the engagement with the client owing to a breakdown in communication. The lawyer should contact the “ethical experts” once the case has advanced past the discovery and negotiation phases since failing to do so could result in the lawyer losing their right to practice law.

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How Will the Court Handle Child Abuse Allegations in Michigan?

Allegations of child abuse can be extremely serious. How will the court handle child abuse allegations? Abuse is defined by Michigan law as the intentional mistreatment or neglect of a child. The legal definition of abuse is frequently obscure to laypeople. People no longer comprehend the true meaning of the phrase because it is repeated too frequently. 

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The court would expect you to have a professional investigate it if there is actual injury to the child and it was done on purpose. Report it to Child Protective Services, or CPS, and ask them to look into it to see whether there is indeed a case. Depending on how serious the allegations are, child abuse may be a misdemeanor or even a felony.

 

Do You Even Know What Is Child Abuse?

The Child Protection Law as published by the Michigan Department of Health and Human Services or MDHHS defines child abuse as follows:

“Child abuse” means harm or threatened harm to a child’s  health or welfare that occurs through non accidental physical or  mental injury, sexual abuse, sexual exploitation, or  maltreatment, by a parent, a legal guardian, or any other person responsible for the child’s health or welfare or by a teacher, a teacher’s aide, or a member of the clergy.

We published an article, “What Is Considered Child Abuse In Michigan?” and discussed lengthily how the court sees child abuse as a matter of degrees.

People don’t actually use corporal punishment anymore. They don’t hit their children. They have the legal right to do so and could do so. Because some form of corporal punishment sometimes has to occur between parents and children, it is not unlawful.

But there is a distinction between disciplinary action and abuse.

If used excessively, discipline can turn into abuse. You hit your child in the face if she acts out of line and swears at you. It won’t always be anything simple like discipline. We’re talking about abuse if you use, for example, a wooden hanger on your child.

A parent, guardian, or other person responsible for a child’s health or welfare is said to have neglected a child if they act in one of the ways listed below, or threaten to do so:

[a] The failure to provide someone with enough food, clothing, shelter, or medical care.

[b] Not acting to lessen a risk to a child’s health or welfare when a parent, legal guardian, or other person in charge of the child’s health or welfare is able to do so and is aware of the risk, or should have been aware of it.

 

Child Abuse Investigations Are Not Easy

After receiving a report of abuse or neglect, CPS has 24 hours to either launch an investigation or, if they think it is unfounded, reject the complaint. Extremely serious incidents, such as those involving sexual abuse or a child’s death, will be reported by CPS to the police.

Child abuse investigations are not easy for the investigating authority and the individuals or family subject of the investigation. These investigations are intrusive to say the least. If you feel you might be on the receiving end of a CPS investigation, we suggest you read our articles, “What Evidence Can Be Used In A Custody Battle In Michigan?” and “Do I have to let CPS into my house in Michigan?” in our Legal Blog.

To determine if your child has been mistreated or neglected is the goal of the CPS inquiry. A CPS investigator will speak with the subject of the report and inform them of the complaint. The CPS investigator may speak with your child, you, the other parent, and other family members as part of the investigation. 

CPS may also speak with anyone else they think has relevant information. A CPS investigation can involve going to your house and looking over records like police reports, medical reports, or school reports. The investigation must be finished by CPS within 30 days.

CPS activities are funded by tax dollars. When somebody makes false claims of child abuse, what they are doing is to engage CPS into a wild goose chase wasting man-hours of investigation time. 

 

Better Make It Stick Or Else

The court has heard it too many times before. Child abuse allegations are always an issue brought up during child custody battles to justify having sole custody of a child. It is because of these overused allegations that courts are not too eager to hear about child abuse complaints without a prior investigation from CPS.

If you’re really serious about allegations of child abuse, the logical course of action is to call Child Protective Services or CPS. CPS will immediately initiate an investigation within 24 hours. You can immediately substantiate any claim of child abuse by merely referring to CPS investigation report. CPS will promptly inform the court if a child abuse complaint has basis or it is baseless.

A spouse falsely accusing the other spouse of child abuse so as to stall or disrupt parenting time, must think twice about keeping up with this ruse. CPS is bound to find out and will report this to the court.

Your position will be weakened in court if you keep raising child abuse issues and still held off reporting these allegations to CPS. CPS is the primary enforcement arm of the state in the protection of children against abuse. A parent who is truly concerned and has physical evidence of child abuse will not hesitate to report such matters to CPS.

If a spouse uses this ruse to keep the ex spouse and child apart. The spouse may inadvertently be cutting off parenting time without cause.

If you do that without providing any tangible proof, the only thing most likely happening is your parental rights will start to be curtailed. Your husband, who is on the other side, will submit a motion. They’re also going to say you withheld the child in violation of the court’s order.

The court has many ways of penalizing spouses who make false child abuse allegations as a leverage in child custody cases. If you have the urge to use a child abuse allegation in a child custody case think long and hard if you can actually make it stick. The court may not be very kind to you if they find out you have another agenda on your plate.

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How To Get Deduction From Child Support In Michigan?

You will consider two factors while discussing child support. child support’s tax implications and the amount you will really pay or give to the custodial parent. How can child support be deducted? Deduction is more of a tax expert’s word. When you discuss a deduction, you are considering the tax advantages of child support. You should consult a tax expert.

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Child support has tax advantages that are only available to custodial parents. However, reduction has to do with reducing the amount of child support. Because you are genuinely talking about child support modification, you will need a family law specialist counsel to assist you with child support. Your goal is to lower the requested amount for child support. To submit a motion for child support adjustment, you will require legal counsel.

According to a court order, one parent (typically the non-custodial parent) is required to pay the other parent child support. You and your partner have a lifelong obligation to support your children, regardless of your marital status. The child has the legal right to child support, which is intended to cover the costs of the child’s basic daily needs, such as housing, clothes, and food.

 

How Child Support Works In Michigan

The Office of Child Support, the Prosecuting Attorney’s Office, and the Friend of the Court office work together to deliver the services offered under the Michigan child support program.

The child support program wants to help families achieve or sustain self-sufficiency through increasing child support collections. The child support program in Michigan works with both parents to seek and enforce support orders, which helps a child get financial support, medical support, and aid with child care expenditures.

A parent or the Office of Child Support may approach the court to issue a support order (often through the Prosecuting Attorney). The non-custodial parent is typically required by the court to support the child who is residing with the other parent. The amount of child support, medical support, and child care support that a parent is required to pay is determined by the court.

In Michigan, child support is calculated in accordance with the standards set by the Supreme Court. Guidelines for child support are determined by the combined monthly net income of both parents.

The judge evaluates child support orders to ensure that the criteria are followed effectively and that the amount is reasonable. The court may choose in some situations not to base the amount of child support on the income standards.

 

No Tax Benefit For Child Support If You’re Paying

Although paid alimony is tax deductible, the person providing the support cannot deduct the cost of providing child support. This means that you won’t receive any tax benefits from paying child support to your ex-spouse.

You are not required to include the payments as income if you are the individual receiving child support. Despite the fact that child support is not taxed by federal law, alimony is.

The IRS prohibits paying parents from deducting child support payments. However, a dependence exemption for each child may be eligible for either parent. If parents cannot agree on who receives the exemption, the court will specify the rules in the court order.

If the parents are unable to come up with a plan on their own that enables each parent to fairly take advantage of the tax exemptions for dependent children, the court will generally establish a reasonable schedule based on each parent’s proportionate share of the total income available to support the child (or children).

There are a few restrictions on the tax exemption, though. The other parent may claim a dependency exemption if the parent who has the right to do so at the time obtains no tax benefit from doing so. A court may also deny a parent’s request for the dependency exemption if they have a history of failing to make child support payments.

In terms of the receiving parent’s taxable gross income, child support is not included. Therefore, when you declare your yearly income on your tax return, don’t include your child support payments.

 

Regardless of Tax Obligations or Exemptions, Pay Up, Pay On Time

You both have to follow the court’s judgment, whether you and your ex-partner reached an agreement on support payments or the court made the choice for you. Parents who fail to make the necessary court-ordered payments are in contempt of court, regardless of the reason for non-payment.

The court counts the missed payments and designates them as “arrears” when a parent doesn’t make a payment. The court may then begin the procedures for obtaining the money back through enforcement.

The custodial parent may ask the court for assistance in enforcing child support obligations if the paying parent fails to make them. If the court steps in, a judge may order the non paying parents to appear at a hearing (commonly referred to as a “show-cause hearing”) and to provide an explanation.

Delinquent parents may be subject to a range of enforcement measures, including the seizure of wages and bank accounts, the suspension of driver’s and professional licenses, the loss of a passport, and even a jail sentence.

You can request a modification of your child support order from the court if you’re having problems paying your obligations. It’s crucial to realize, however, that in order to be eligible for a review, you generally must show that your circumstances have materially changed.

Your state and federal tax refunds may also be withheld by the court to make up for late or missed child support payments.

You can request a modification of your child support order from the court if you’re having problems paying your obligations. It’s crucial to realize, however, that in order to be eligible for a review, you generally must show that your circumstances have materially changed.

Modifications to child support are not retroactive, so the new amount only applies to future payments. Noncustodial parents are still liable for any unpaid arrears. When circumstances change, you should ask for a modification right away to avoid arrearages.

Talk to your attorney about how to go about getting a modification for your child support.

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How Long Does My Ex Have To Absent For Me To Get Sole Custody In Michigan?

You get cold in your marriage after having children and being married. After your divorce, the other parent starts to appear less and less in the home. On the part of the other parent, there is a definite absence. How long does my ex have to be absent for me to get sole custody? There’s really no number. A lengthy time can vary. It can imply various things to various people. 

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There is no set moment at which to declare that you have given up. The best course of action is to submit a motion to modify parenting time and custody. Waiting for the other parent to return is not advisable. Instead of after this extended absence, file the motion now.

 

Who Is The Parent? Who Is The Absent Parent?

The parents of course in a typical family are the mother and the father. Obviously, the human being giving birth is the mother. The father can refer to two definitions: a legal father and the putative father.

A biological parent must carry out specific parental responsibilities for their child in accordance with numerous family legal principles. All biological parents are normally expected to perform the following two main duties:

[1] Providing for the child: This responsibility includes meeting a child’s fundamental needs, which include food, shelter, clothes, medical attention, education, and other necessities. Basically, everything that would necessitate payments for child support or custody.

[2] Caring for the child: The responsibility to care for children entails protecting them from harm and abuse as well as being concerned for their welfare. Additionally, it indicates that the child’s needs in terms of his or her physical, mental, and emotional health are being met.

In the case of the father, it is crucial to distinguish between a man claiming or being suspected of being the father who does not have any legal rights, known as a “putative father,” and a man whose parental rights are recognized by law.

The Legal Father

According to the Absent Parent Protocol or just “Protocol”, a legal father is defined as:

  • [a] A guy who, at any time between the child’s conception and birth, was married to the child’s mother.
  • [b] The child is legally adopted by a man.
  • [c] A guy who has been identified as the child’s legitimate father through a filiation order or paternity ruling.
  • [d] A guy whose parental rights have been established by law.
  • [e] A man whose fatherhood has been proven by the completion and submission of an acknowledgment of parentage in conformity with the Acknowledgement of Parentage Act.

Only children born in Michigan are covered by this Protocol’s definition of a lawful father. Other states’ laws can be different.

The Putative Father

A child’s alleged biological father is known as the “putative father.” A child can only have a putative father if they don’t have a legal father. A putative father is not allowed to take part in a child protective investigation if a legal father already exists. 

The court may hold a putative father hearing to identify the alleged father, notify him, and provide him the opportunity to formally demonstrate his paternity of the child if the legal father’s paternity has been revoked in accordance with the Revocation of Paternity Act or if there is no legal father. A putative father may take part in the child protective process once he formally recognizes his paternity for the child or the court finds that he is the child’s legal father under the Paternity Act.

In order to provide direction for identifying and locating absent parents of children involved in the child welfare system, the Absent Parent Protocol (the “Protocol”) was created. The Protocol was created in response to the widespread understanding that identifying and involving missing parents removes a barrier to swiftly placing children in a permanent home. To make sure that all suitable placement possibilities for children in foster care are taken into account, the Protocol provides information on the necessity of and techniques for identifying an absent parent.

 

Absent Parents: They May Be Absent But They Have Rights

According to the Protocol a person who fits one of the following descriptions is an absent parent:

  • [a] The identity of the putative father, or legal parent, if there is no legal father, is not known.
  • [b] The whereabouts of the legal parent, or putative father, if there is not a legal father, is unknown.

A noncustodial parent in a domestic relations dispute is not regarded as an absent parent for the purposes of this Protocol unless his or her location is unknown. Additionally, for the purposes of this policy, a parent who is incarcerated is not regarded as an absent parent.

Since they are not involved in their child’s life, an absent parent will typically be unable to perform the two duties of a biological parent. As a result, the parent who is still actively involved in the child’s life may attempt to revoke the other parent’s parental rights.

However, there are circumstances where the child’s other parent might  be gone.

This might take place if the person is dead, confined, or incompetent. In such a situation, another member of the immediate family, a legal guardian who has been appointed, or a state agency, such as child welfare services, may be able to ask that the rights of an absent parent be terminated.

The right to gain physical custody of a child belongs, in general, to each biological parent. The right to make significant legal decisions on behalf of one’s children is guaranteed to each biological parent. No matter how much engagement a parent has in their child’s life, family law principles typically recognize that they have some parental rights that must be upheld.

The following are some examples of both physical and legal parental rights:

  • [a] deciding what kind of medical treatment or what level of medical treatment a child can receive, such as having a specific surgery or getting vaccinated against a disease; 
  • [b] deciding where a child should attend school and their arrangements for living during the week; and/or 
  • [c] deciding how to raise a child in regard to their religious upbringing.

Even if a parent is not actively involved in their child’s life, they will normally be accorded the parental rights mentioned above. However, if the present biological parent wishes to pursue legal action, they may do so by submitting a petition to end the rights of an absent parent.

 

It’s Not Just Custody You Lose, Parental Rights As Well

A biological parent generally has both fundamental and constitutional rights to raise their child. Even if a parent is not actively involved in their child’s life, they can still make a claim to parental rights.

This general rule of thumb only applies unless a court has explicitly revoked the parental rights of an absent parent. This is possible if the present parent submits a petition and complies with all conditions to have the rights of the absent parent terminated.

Several elements must be proven by the petitioner in order to successfully end the parental rights of an absent parent over their kid. The petitioner will typically have to provide evidence that an absent parent acted in a way that was against the child’s best interests. Common instances of behaviors that might not be in a child’s best interests include:

  • [a] Failing to provide evidence (such as a DNA test) establishing their parental relationship to a child;
  • [b] Abusing the other living biological parent (for instance, by doing violent acts that fall within the definition of domestic violence or spousal abuse);
  • [c] Behaving in a way that would suggest that the absent parent was unfit to care for or raise their child (for example, being a failed recovering alcoholic or drug addict, engaging in illicit activity that would endanger their child, etc.);
  • [d] Behaving in a way towards the child that can be perceived as abusive or violent;
  • [e] Being convicted of a felony that puts them in jail and creates a criminal record, or committing a crime in front of a child; and/or
  • [f] Abandoning the child, which is one of the most common justifications given for requesting the termination of an absent parent’s parental rights. 

Most states require a biological parent to demonstrate that the absent parent hasn’t spoken to or seen the child in at least four months.

Many people mistakenly believe that the word “abandonment of a child” exclusively refers to physically leaving a child unattended. But this is not the case. Extreme instances of emotional abandonment may also count as child abandonment. Since prolonged lack of physical touch or mental support for children can be harmful, the government takes such actions seriously and may file misdemeanor charges.

Even while each child abandonment case has its own unique details, there are a few typical behaviors that frequently result in criminal charges:

  • [a] Refusing to support, look after, or supervise the child.
  • [b] Leaving the youngster unsupported and without previously making arrangements for their upkeep.
  • [c] Leaving a young child unattended in a public space.
  • [d] Neglecting the child’s communication needs.
  • [e] Leaving the child at home alone for a lengthy period of time.
  • [f] Not ensuring the child receives regular visitation.

Always exercise caution when leaving your children without first consulting an experienced attorney. If you intend to take the children out of the house or have already done so, it is always a good idea to have a case open and a hearing set for a temporary parenting time order.

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What Are The Requirements For Filing Divorce In Michigan?

You’re thinking about divorcing. What are the prerequisites in Michigan to file for divorce? You won’t just be filling out forms while going through the motions of the divorce process. 

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To file for divorce in Michigan, you must be a resident of the state and the county. You must have spent a certain amount of time in Michigan as well as in the county where you are applying for divorce.

 

The Residency Requirement

People who want to dissolve their marriage must meet specific residency requirements in the state of Michigan. Before submitting a divorce petition to the Michigan courts, you must comply with some state-specific procedures. The following are the Michigan residency requirements:

[1] The complainant or defendant in a divorce case must have lived in this state for 180 days before filing the complaint, and they must also have lived in the county where the complaint is filed for 10 days prior to filing the complaint before the court in this state will give a divorce judgment.

[2] Usually, the filing spouse files for divorce in the county where they reside.

It is irrelevant where the marriage was consummated or where the other spouse currently resides as long as one spouse satisfies these two requirements. 

A variety of issues, including property, debt, child custody, alimony, and others, must be immediately resolved between you and your spouse.

You have the following choices if you do not meet at least one of the aforementioned Michigan residency requirements:

[a] Establish Michigan residency for the time frame mentioned above. You are not required to wait before starting the process of obtaining your documents.

[b] If your partner meets the residency requirements let your partner do the filing.

[c] Select a different state where you or your spouse are eligible. Because every state is different, be sure to look at the alternative for the state where you got married.

You should speak with an attorney if your previous divorce from your current spouse may still be pending. All previous divorce cases must be dismissed before you can start a new divorce case.

The judge’s decisions may be more constrained if your spouse has never resided in Michigan. More particular, even if the residency criteria are completed, a court in Michigan may not be able to make decisions on other issues including child custody, child support, and parenting time.

 

The Waiting Period Requirement

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

If the judgment is issued in fewer than sixty days, the divorce is most certainly void. Under Michigan law, a judge may waive the six-month waiting period, but not the sixty-day one. The six-month waiting period may be extended in circumstances of “extreme hardship or such compelling necessity as shall appeal to the conscience of the court,” but never to less than sixty days.

The other party has a certain amount of time to reply after the complaint is filed.

There is frequently a six-month waiting period if there are young children involved in the divorce. The Michigan court system is under a lot of pressure to decide divorce cases within a year of the filing date. The “typical” waiting period once the complaint is filed, or when the lawsuit officially starts, is six months for a divorce including children. The majority of child custody trials last longer than six months, however they are sometimes concluded in less time than a year.

There are certain exceptions to the prescribed six-month waiting period.

According to Michigan law, a court 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. The majority of judges will really waive the six-month waiting time if there is a good reason and they are informed that the case is a collaborative divorce.

Collaborative divorce is an alternative to the drawn-out legal battles that characterize normal divorce litigation. In a collaborative divorce, both parties consent to ending their marriage outside of court by working with qualified professionals.

You and your spouse would appear in court as part of the collaborative law process and ask the judge to approve the agreement you created together. This can protect your privacy while helping you avoid the inconvenience, expense, and unpredictability of a divorce litigation.

 

The Common-law Marriages

Even before we consider being a resident of Michigan, you have to be married of course to be divorced. 

So what do we do with common-law marriages in Michigan?

Some couples can’t wait to exchange vows and begin living as a legally recognized pair. However, other couples don’t share the same sentiments. They may be in love and want to live together, but these couples don’t want to get married. These relationships are referred to as common law marriages, and in many places, common law partners enjoy the same rights and responsibilities as married partners. Common-law marriage is one of the fundamental rights that has been in this country since the first settlers.

The first statute to disallow common-law marriage in Michigan was passed in 1838, which declared that “marriages may be solemnized by any justice of the peace in the county in which he is chosen, and they may be solemnized throughout the state by any minister of the gospel who has been ordained.” The law was formalized in an effort to make it such that a marriage must be “solemnized” by either a minister or a justice of the peace.

But the law was not enforced. The Meister v. Moore case was heard by the US Supreme Court in 1877. This dispute concerned the legality of William Mowry’s common-law union with Mary, his wife who was Pero’s Native American daughter.

Mary and William Mowry lived together for seven years before William Mowry passed away. They had a daughter together, and if they were legally married, all of William’s assets would eventually pass to his daughter under Michigan law. According to Michigan law, William would have to give his mother whatever property he held if he hadn’t been married.

The common-law union between William and Mary was recognized by the United States Supreme Court because Michigan’s law of 1838 did not stipulate that marriages must be authorized by a justice of the peace or a minister, but rather that such solemnization (authorization) was optional: “marriages may be solemnized.” As a result, their daughter would eventually inherit any land that William owned.

It seems that Michigan didn’t revisit this matter until January 1, 1957, when it amended its statute to stipulate that marriages could only take place as the consequence of a marriage license. After that date, cohabitation or simple agreement to get married would not be sufficient.

A couple would need to apply for and be granted a marriage license in order to get married and have their union recognized by Michigan law. The marriage would next need to be approved by a judge, a mayor, a court clerk, or a clergyman after the marriage license had been granted.

In the present, Michigan will not recognize your common-law marriage unless you have cohabited with someone with the understanding that you are married since December 31, 1956. You must first apply for a marriage license before having your union formally recognized by one of the individuals listed by Michigan law. 

This also implies that merely cohabitating is insufficient in Michigan to qualify for all the advantages that a spouse enjoys like health insurance, marital property, and inheritance.

People who entered into a common law marriage in another state will be considered as a married pair in Michigan even though Michigan does not recognize common law marriages. The following states presently acknowledge common law marriage:

[1] Kansas

[2] Utah

[3] Carolina, South

[4] Montana

[5] Colorado

[6] Providence, RI

[7] Texas

[8] Iowa

Washington D.C.  recognizes common-law unions as well. Couples from these states may be recognized as common law partners in Michigan, although there are some conditions. These consist of:

[a] The common law marriage must be recognized in the state from which the couple relocated.

[b] The pair must adhere to their native state’s legal standards for common law marriage.

[c] In their home state, the couple shared a residence.

If common law partners fulfill these conditions, Michigan will treat them as a married couple and grant them all of the same rights and obligations. The couple still needs to take a few actions, though. These comprise as follows:

[a] The pair must create a durable power of attorney that enables them to represent one another in court cases in the event that one person is incompetent or passes away.

[b] A medical power of attorney must be created by the couple, giving each individual the authority to make medical decisions on the other’s behalf.

Michigan will recognize a common law union when a couple can satisfy all of these conditions.

Even though common law marriages are not recognized in Michigan, there is a means for unmarried couples to safeguard their rights. This is done through a cohabitation agreement, which is the state’s equivalent of a prenuptial contract. 

A cohabitation agreement can specify how the couple will divide their possessions in the event of a separation.

Cohabitation agreements are not permitted to include stipulations for child support and custody. Even without a cohabitation agreement in place, child support is normally paid by the non-custodial parent to the custodial parent in Michigan.

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Hiring An Attorney Before Dealing With CPS If I Have Nothing To Hide In Michigan

Family law concerns include a wide range. Undoubtedly, it goes beyond divorce. It is not actually a criminal matter, even with the Child Protective Services or CPS engaged. Even though I have nothing to conceal, should I see a lawyer before speaking with CPS? Simply consult your lawyer to learn more about your risks. Find out how exposed you might be. 

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You may need to speak with your attorney about how to handle CPS if you have already had a visit from them or anticipate doing so soon. If you need to get a retainer, your attorney can advise you on that if a criminal exposure might exist. Since you are shielded by attorney-client confidentiality, you can talk about this in confidence.

 

Repercussions of CPS Action

Want to know what it will take to get CPS to your door? All forms of physical, mental, emotional, and other forms of abuse and neglect are allegations that call for CPS investigations. Common accusations CPS acts on include:

  • [a] Child abuse
  • [b] Child neglect
  • [c] Sexual abuse
  • [d] Molestation
  • [e] Criminal sexual conduct

After receiving a report of abuse or neglect, CPS has 24 hours to either launch an investigation or, if they think it is unfounded, reject the complaint. Extremely serious incidents, such as those involving sexual abuse or a child’s death, will be reported by CPS to the police.

CPS uses the legal system and occasionally can even ask the judge to revoke the parent’s parental rights.

Here are some things that parents will dread, the prospect and thought that your child might be taken away.

On rare occasions, investigators may remove kids from their homes. CPS can only remove children from their homes with a court’s order. When CPS removes children, they are frequently temporarily placed in foster care or with the other parent. Foster care could be provided by a relative.

The police are allowed to remove a child from their home without a court order. The hospital has the ability to refuse to let a kid leave with their parents if a doctor believes that the child would be in danger at home. This authority, which the hospital has without a court order, is temporary and has a narrow reach.

If there is an emergency removal while the investigation is going on, a preliminary hearing is to be held within 24 hours.

Before a charge of abuse or neglect is taken to court, CPS does not have the right to compel you to follow most of its instructions. Working with CPS is normally advantageous for you, nevertheless. This includes answering questions, providing evidence to back up claims, letting CPS inspect your home, and scheduling and taking part in proposed services.

These services may include parenting seminars, organizations for those battling addiction, or training on handling household finances.

 

It Maybe Baseless, But Take It Seriously

Ask yourself, what will be the most likely reason CPS will end up on your doorstep? Are you at the moment undergoing a very contentious divorce? Do you have a vindictive spouse? Are you currently dealing with a malicious parent?

You might be wondering why someone would look for or build evidence against you, especially your soon-to-be ex. You may have come to the conclusion that your ex doesn’t actually need to portray you as a monster in order to obtain a divorce. A “no-fault” divorce is legal in Michigan. You don’t need a good cause for your spouse to dump you or divorce you. 

Working on what can be used against you in a divorce is therefore pointless.

How about a better spousal support agreement? Why not deny you custody and parenting time? Would that satisfy you as a justification? 

There’s always something that can be used against you in a divorce and in a child custody case. We wrote about this in two articles, “What Can Be Used Against You In A Divorce in Michigan?” and “What Evidence Can Be Used In A Custody Battle In Michigan?” here in our Legal Blog. We pointed out what are those things that can get you in trouble with CPS even if those things are baseless.

In a custody dispute, it is more about your ability to care about your child’s best interests than it is about you vs the other side. So, to defend oneself against a divorce complaint, you actually don’t need to do anything. However, it’s probably something you should think about if you’re talking about child custody.

Because they regularly get anonymous tips, CPS agents are required to follow up on every lead as though it were true. As a result, you should take the accusations seriously.

 

You Have Rights, They Know It

The CPS and its procedures are not the problem, as some attorneys who have dealt with CPS in the past will tell you. The problem is overzealous social workers and officials who assume the guilt of the parents who are the focus of complaints even before an inquiry has begun. Even the most obliging lawyers would advise you to maintain your distance even with a well-intentioned social worker or investigator knocking on your home.

Overzealous CPS social workers or agents frequently resort to intimidation. They take pleasure in putting partners at odds. It fits with the “divide and conquer” style of investigation. Any threats made by CPS should not be heeded without first seeking legal counsel, according to attorneys who have experience dealing with such tactics.

When a social worker or CPS agent starts to interrogate you after a complaint has been made or an alleged abuse has been reported, you should be fully informed of your rights. This is a compelling reason to consult legal counsel as soon as you encounter CPS for the first time.

The CPS visiting your house can be uncomfortable. But it’s important to remember that the vast majority of CPS visits—roughly 75% of them—do not result in the service taking any action.

You don’t handle the presence and inquiry of CPS, and you might just have your kids removed from your home. Even if the allegations against you are baseless, CPS will assume you are guilty and investigate based on that premise.

If you think you will get a visit from CPS, just remember your rights:

[a] You have the right to know the charges against you in detail.

[b] You have the right not to respond to CPS questions.

[c] You have the right not to let CPS into your home unless they have a signed warrant or court order.

[d] You have the right to have everything recorded.

[e] You have the right to employ an attorney to fight on your behalf.

Everybody’s circumstance is different, therefore you should hire an attorney to defend you while you try to rejoin your family and offer your side of the story. Anything you say to your attorney will be kept confidential under the protection of attorney-client privileges.

You won’t be given a court-appointed attorney as soon as a CPS inquiry begins. If you can’t afford an attorney and a petition is filed against you or about your children in Michigan, you might be entitled to a free one. Additionally, you must be aware that some of these reports are the result of examinations or observations of state-mandated reporters.

Mandatory reporters are people who are required to report to Centralized Intake of CPS and who have “reasonable grounds to think” that child abuse or child neglect has happened or is occurring. There is a long list of people in Michigan who are required by law to provide specific information.

CPS social workers or agents that are overly aggressive frequently use intimidation. Attorneys who have previously worked with CPS warn that any threats made by the agency should not be heeded without first speaking with an attorney.

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

 

How Addiction Struggles Impacts Custody in Michigan

How are custody issues affected by addiction? In Michigan, the court will listen to you if you claim that you are attending rehab and therapy in order to deal with your addiction. 

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You’re going through treatment. Everything is fine. However, establishing your child’s custody will not be a consideration. At least not at the moment. The interests of your child come first. The court may not discuss custody until you have really fulfilled any rehab or therapy you are receiving. Only your child’s best interests are far more important than your addiction problem.

According to the U.S. Department of Health and Human Services, more than eight million children under the age of 18 are thought to reside with at least one adult who has substance use disorder or SUD, which equates to a rate of more than one in ten children. Most of them are younger than five years old. Studies of families with SUDs have uncovered trends having a major impact on a child’s development and the risk that they may experience emotional, behavioral, or drug use issues as adults.

 

The Struggles of Self and Family

A parent with SUD who has mood swings, is focused on getting wasted, or spends a lot of time recovering from the effects of drugs may miss opportunities to promote healthy connection. As a result, the complex attachment system that is based on millions of implicit and reciprocal exchanges between the infant and attachment figure would be impacted. 

The subtle building blocks of attachment include eye contact, tone, volume, and rhythm of voice, comforting touch, and the capacity to read the needs of the newborn. A psychological immune system of sorts, healthy connection. The relational attachment system protects against psychological issues and illness, much as humans require a physiological immune system to ward off disease and illness.

The family is still the primary environment for socialization, nurturing, and human relationships in today’s world. Therefore, it is important to pay attention to how SUDs affect the family as a whole and specific family members.

The individual using substances has a distinct impact on each family and each family member, which may include, but is not limited to, unmet developmental requirements, impaired attachment, financial difficulties, legal issues, emotional pain, and occasionally violence being committed against him or her. Additionally, there is a higher chance of children getting an SUD themselves.

We are aware that due to genetic and environmental variables, those who grow up in families with SUDs have a greatly increased chance of developing SUDs themselves. It’s critical to do an assessment of the immediate and extended family for active substance abuse. Significant treatment implications result from knowing that a person with an SUD grew up in a family with an SUD.

A family member who is trying to quit using drugs or alcohol will also be more likely to relapse if there is active substance abuse in their family.

A parent who has an SUD is three times more likely to mistreat their child physically or sexually. As a result, these children have a 40% increased risk of committing a violent crime and a 50% increased risk of being arrested as minors. Children who have experienced abuse are more prone to exhibit behavioral issues, conduct problems, and other externalizing disorders, whereas children who have experienced neglect are more likely to exhibit internalizing disorders such as anxiety, social withdrawal, depression, and poor peer relations.

All forms of sexual abuse, including incest, have a very strong correlation with parental substance misuse. A little over two thirds of incest offenders admit to drinking before the offense.

 

The Impact on Child Custody

With all of that said, you can understand why the courts are not inclined to discuss child custody issues when rehabilitation or treatment have not been fully completed, and the parent with SUD is fully recovered and functional.

Parental rights may be affected when a parent battles drug addiction. If a parent uses drugs, child protection officials may in some situations take the child away from them. Similar to this, if a father has unresolved drug misuse or addiction difficulties after a divorce, the court may deny him custody or, if he continues to use drugs, may completely revoke his parental rights.

Therefore, preserving custody and parental rights frequently depends on addressing the underlying condition of SUD.

Custody is typically decided by the court during a divorce. Physical custody, legal custody, and joint or shared custody are only a few of the different types of custody that the court may grant. If a parent uses drugs, he or she may not be granted physical custody of the child or the opportunity to share in child care. Likewise, if a parent does not seek drug addiction counseling or make other attempts to attain sobriety, the court may remove that parent’s legal custody—or power to make choices for the child.

The court may change its ruling and grant sole custody to the parent without a drug issue if the parents have joint custody, which means they share responsibility for raising the child and making choices about their welfare.

A Michigan court will decide the child’s future after taking into account a number of variables meant to pinpoint the child’s best interests, as it does in any case where parental fitness is in question.

Even if it is a significant one, parental fitness is merely one of these elements. Someone who acknowledges they have a problem with substance addiction but is seeking therapy for it or someone who is mentally ill and receiving treatment, differs from someone who completely denies the problem in many ways.

 

The Road To Recovery and To Home

Timelines for recovery are crucial in helping attempts to reunite families when a parent of a child in foster care has been impacted by substance use disorder. In order to assist reunification, many jurisdictions have created specific programs that coordinate child welfare, drug rehabilitation centers, and court systems.

Families in Michigan may avail of recovery programs that are state managed or are funded by the state of Michigan. There’s such a  program called Substance Use Disorder Family Support Program or SUDFSP.

In homes where a parent or primary caregiver has a substance use disorder (substance abuse, including drug addiction or alcohol addiction), or co-occurring disorders, and is at risk of having their child removed due to abuse and/or neglect, the SUDFSP works to provide recovery and stability. Families with children coming home from foster care can also use it.

When a parent has a co-occurring disorder or is influenced by alcohol or drugs, SUDFSP offers skill-based interventions and support for families.

Families that meet the requirements and take part are given a Family Support Specialist who works closely with them at home and in the community. The intervention and therapy’s main areas of focus could be family functioning, communication, a greater understanding of the effects of substance abuse on parenting relationships with children, a decrease in substance use, physiological and cognitive functioning, and recovery support systems.

The judge may mandate that a parent undergo therapy for addiction treatment if the court determines that the parent uses drugs or is addicted to them. Depending on how serious the parent’s substance abuse problems are, rehab treatment may involve visiting an outpatient substance addiction therapist or going to Narcotics Anonymous meetings. 

In extreme circumstances of addiction, the court may order a parent to participate in hospital or mental health facility inpatient detoxification and rehabilitation. The parent may be allowed to visit the child under supervision while they are in treatment. After the addicted parent successfully completes treatment, the court may reinstate custody or visitation if it had been suspended. 

Failure to carry out the rehabilitation program that the court has ordered could result in the permanent termination of parental rights.

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