In the past, it was normal for parents to spank their child with a belt or a stick. If a parent still practices these outdated methods, they may receive a visit from Child Protective Services (CPS) or perhaps the police. 

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What if I punished our child and my ex contacted CPS? Nobody is really qualified to advise you on how to handle your child’s behavior. Simply refrain from using a belt or anything else that could inflict significant harm. You would have to defend your discipline methods to the police or CPS. All that is required of you is cooperation, an explanation of who you are, and background information on the disciplinary action you took.

Is Spanking Not Allowed Anymore?

In Michigan, spanking is not regarded as child abuse in and of itself. The law defines spanking as a form of punishment that involves inflicting pain on a kid without actually injuring them, with the goal of explicitly altering the child’s behavior.

While spanking is permitted in Michigan, there are a few things that parents should consider before using it on their children. If parents are not careful and use good judgment, all physical punishment, including corporal punishment, can be perceived as abusive.

Although it is perfectly legal for parents to discipline their children physically, they should be aware of the potential consequences, especially if there is a custody battle or a CPS investigation. Although physical punishment does not always equate to child abuse, it is regularly brought up in custody battles and influences how the courts distribute custody.

The legislation allows for the use of “reasonable force,” which is a rather ambiguous term. Similar to “moderation” in drinking, everyone has a different definition of “reasonable,” and the law doesn’t state exactly what it considers to be “appropriate.” However, this is typically understood to mean that only an open hand should be used, and never above the shoulders, as even a minor strike to the head can seriously harm a child’s developing brain.

Parents are urged to be judicious and cautious in their punishment decisions because spanking is a somewhat contentious topic and everyone has their own view on whether it is appropriate or bad. If you decide to spank your kids, which is permitted in Michigan as a parent, be informed of the statute and how the state feels about your actions.

According to 75 studies involving a total of 160,000 children, spanking children is more detrimental to their psychological health than beneficial. The study also indicated that children who were spanked more frequently were more likely to struggle with antisocial behavior and mental health problems. It has also been demonstrated that using force increases children’s risk for depression, aggressiveness, and subsequent drug use. 

Spanking was discovered to essentially have the same harmful effects as physical child abuse, but on a milder scale.

What Happens If Your Ex Calls CPS?

After your ex makes a call to CPS, within 24 hours, a CPS investigation must commence.

CPS has 30 days to complete its inquiry, barring exceptional circumstances that warrant a longer period.

CPS must decide if there is a preponderance of evidence of child abuse or neglect based on an examination of the aforementioned elements. A 51% possibility that abuse or neglect took place is referred to as a preponderance of evidence, which is evidence that is stronger or more convincing than evidence presented in opposition to it.

If it’s required to protect a child, CPS may submit a petition to the court asking for any of the following orders:

• [a] The family will assist with in-home care.
• [b] Eviction of the offender from the house.
• [c] The child being taken out of the house.

Without a court order, CPS cannot remove a child from your home. The petition, including the removal request, may be rejected by the court.

The following factors are considered before deciding to ask the court to seek the removal of a child:

• [a] Is the child in immediate danger?
• [b] How does the caretaker see the circumstance?
• [c] Is the caregiver obliging?
• [d] Is the caretaker requesting assistance?
• [e] Is the caretaker able to evolve?
• [f] Existence of alternatives to removal?
• [g] Are there programs that can be implemented right now to keep the child secure at home? Can plans be made for the child while the services case is being established?
• [h] Will the offender leave the house?
• [i] Can a child’s safety be ensured through court orders?

You have to talk to your attorney since CPS can actually petition the court to terminate parental rights if they have a strong case against you.

How Do You Deal With False Accusations and CPS?

If you’re one of those who deal with vindictive spouses, it will not be surprising if CPS or the police are frequently visiting your home to investigate allegations of abuse. A highly vindictive spouse has a way of expressing their contempt for their partner in a variety of ways. False accusations are the obvious and simplest way of getting back at you. And the department capable of giving you the most headache with less effort on the accuser is of course CPS or the police.

When a CPS officer knocks on your door, they will approach you as if you are guilty and behave accordingly. CPS agents are obligated to follow up on every lead as though it were real because they frequently receive anonymous tips. You should consider the complaint seriously as a result.

The local police or CPS showing up at your house is the last thing you need. Take false accusations of domestic violence or child abuse seriously if they are made against you. If you hear a rumor about these claims or allegations against you, speak with your attorney. 

For some unfortunate chance you find yourself getting a knock on your door from CPS, always remember you have rights just like any other.

[1] You have the right to refuse CPS entry to your home unless they have a signed warrant or court order.

You may be told lies by CPS employees. They can even claim to be picking up your children while being escorted by a police officer. Don’t let them in, though, if they can’t show you a court warrant.

No matter what the CPS official says, you are always entitled to protection under the 4th Amendment. You just gave up your fundamental rights if you let them into your house.

You can demand that they keep your children close to you. Demand that they leave your property, but don’t assault them.

Be mindful that despite your demands, they may still enter. If you engage in a confrontation in this situation, you run the possibility of going to jail. You may use this evidence in court, though, if you make it clear that you are protesting.

[2] You can decide whether or not to respond to CPS questions.

The Constitution protects you from self-incrimination in all circumstances, not just those involving criminal allegations. However, outright refusing to answer the CPS investigator’s inquiries may lead to issues in the future. Answering the investigator’s inquiries with your own inquiries, such as “Why am I or my family the subject of a CPS investigation?” is the wisest line of action.

[3] You have a right to full information of the charges brought against you.

You have the right to request written records and investigative results even though you are not legally entitled to know who has accused you. You have a right to be aware of the accusations leveled against you. CPS representatives frequently try to hide facts by simply labeling circumstances as “abuse” or “neglect,” for example. If you require any specific information, they must provide it. Your attorney will make use of this material to develop a strong defense.

[4] It is legal for you to have everything documented.

In Michigan, it is perfectly legal to covertly record any conversation you are a part of on camera or with an audio recorder.

Anything you say to the CPS agent that is misunderstood could be contested in court if there is a recording of your conversation with them.

If a CPS representative must speak with your child or children alone pursuant to a court order, make sure the conversation is videotaped so you may later review it with your lawyer. The recording can protect you and your family from overzealous CPS agents who could try to misrepresent what your child says.

[5] You are entitled to pick the legal representative you want to use in court.

Since every person’s situation is unique, you should pick an attorney to represent you while you attempt to reunite with your family and present your side of the story. Under the protection of attorney-client privileges, anything you say to your attorney will be kept private.

When the CPS investigation starts, you won’t be assigned a court-appointed attorney. If a petition is filed in Michigan regarding you or your children and you are unable to pay for one, you may be eligible for one for free.

There is no evidence that spanking has any developmental advantages for the child. Studies have also discovered tenuous links between spanking in children, anxiety disorders, and adult alcoholism.

According to Michigan law, spanking is not considered abuse and is therefore legal. Moreover, according to state law, a parent or guardian who uses reasonable force to discipline a child is expressly excluded from criminal prosecution. You just need to explain to CPS or the police that you are simply using “reasonable force to discipline your child”.

According to current parenting guidelines, communicating with kids rather than employing punishment or physical force is preferable. As alternatives to spanking, parents are recommended to use sanctions like time outs, more work, grounding (for older kids), and limitations on TV and other types of entertainment.

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If there is no court order, both parents of a married couple have custody of the child. When there is no marriage between the parents, the mother is presumed to have custody until the court makes a ruling. It’s possible that the problem for married couples has nothing to do with physical custody. They are most likely sharing a home together. 

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In Michigan, there is a circumstance when unmarried couples must decide who will have custody of their children. In accordance with current laws, the mother is presumed to have custody in the absence of a court order.

Truth Be Told About Being A Parent

Both biological and adoptive parents are considered to have legal parental power and authority over their adopted and biological children.

Our grandparents, uncles, aunts, and our usual family members, usually lack parental rights. They can be vested legal guardianship or they can initiate adoption of the child, thus providing them with parental rights.

Despite not being parents, legal guardians frequently have obligations and rights that are comparable to parental rights.

The ability to exercise parental rights is crucial to being considered a parent. A child’s upbringing and company are essential legal rights that belong to the parents. The phrase “parental rights” frequently refers to a parent’s capacity to decide on important matters like education and healthcare for their child’s upbringing.

When parents are living apart, such as during a separation or divorce, parental rights may also encompass matters like visitation and custody. Parental rights include the ability to make decisions and act in the best interests of the child.

Are there parental rights for step parents? Obtaining custody of their stepchild is possible. The answer mostly depends on where you live and the particulars of your family’s situation. They most likely have parental rights if a step parent lawfully adopted the child.

A person does not automatically acquire or share the parental rights of a child’s biological parent when they marry that person. Divorce may end a marriage, but it does not take away a couple’s legal right to raise a child. Physical and legal custody are still split equally between the parents.

Step parents may have an impact on young children and assist the biological parent in fulfilling their duties, but marriage does not confer any inherent rights or obligations on them. The children of the biological parent are effectively “legal strangers” to step parents.

A parent or guardian of a minor child may name a different individual as the temporary beneficiary of a power of attorney that transfers parental responsibility, as permitted under Michigan law.

What Is Child Custody?

The legal obligation to care for and govern your child until they turn 18 is known as custody. One or both of your parents may be granted custody of your child by the court. Custody comes in two types: legal and physical.

The authority to make important choices for your child is known as legal custody. The right to legal custody includes the ability to make decisions on your child’s education, health care, and religious upbringing, among other things.

Who your child physically lives with on a daily basis is referred to as physical custody. It involves looking after and supervising your child physically.

Parents can agree on a custody arrangement, and judges will often sign the court order approving it, as long as they find that it is in the child’s best interests. Below are descriptions of a few different custody arrangements.

Sole Custody: The legal definition of “sole custody” is ambiguous. The Michigan Custody Guideline states that when one parent is given both primary physical custody and primary legal custody, they are considered to have sole custody.

When a parent attends to their child the majority of the time, they have physical custody. When one parent is in charge of all major decisions regarding the child’s upbringing, this is known as legal custody (such as medical treatment, school enrollment, religious instruction, and participation in extracurricular activities).

Joint Custody: When one parent requests it, the court must consider awarding joint custody. Unless the court determines that joint custody is not in the child’s best interests, joint custody must be granted if the parents agree to it. Whether they grant or deny the request, judges are required to provide justifications in the official record.

Judges have the discretion to consider shared custody even without a parent’s request. Judges must consider whether the parents can cooperate and generally agree on important matters impacting the child’s wellbeing when deciding whether to grant joint custody. Joint legal custody, joint physical custody, or both are all permitted under the legal concept of “joint custody.”

Joint Legal Custody: When parents have joint legal custody, they can jointly decide on matters that significantly affect the child’s well-being. Joint custody is not impacted by how much time the child spends with each parent.

Joint Physical Custody: Joint physical custody simply means that the child will spend a certain amount of time with each parent; but, unless the court has also granted joint legal custody, it does not indicate that the parents will necessarily share parental decision-making authority. In a joint physical custody arrangement, for instance, one parent would be granted custody throughout the academic year, alternate weekends, and alternate holidays, while the other would be granted possession during the summer, alternate weekends, and alternate holidays.

If the judge approves joint physical custody, the court order will frequently state how long the child will spend living with each parent. The court order may specify that physical custody be divided between the parents such that the child has contact with both parents. When a child lives with one parent, all routine and urgent decisions regarding the child are made by that parent.

Child Custody for Unmarried Parents

In Michigan, unmarried moms are assumed to have primary custody of their children until the biological father can establish paternity and receive a court order granting him custody rights. Unmarried dads who want to voluntarily prove paternity with the mother’s approval can do so by signing an Affidavit of Parentage, either at the hospital where the child is born or later.

If paternity is contested, a father can legally establish parentage, which typically involves genetic testing to show that a biological tie exists.

It’s true that historically mothers were more frequently given custody, but times are changing, and now legally recognized dads can file actions to obtain sole or shared custody of their children as well as actions to obtain visitation (formally referred to as “parenting time”).

Fathers who are not married are now more successful than ever in obtaining joint or sole physical custody of their children, or at the very least, court orders allowing them to spend quality time with their children.

If both parents are unable to agree on a child custody plan, the court will make the decision. The visitation, legal custody, and physical custody will all be decided by the court. To put it simply, this entails deciding which parent the child will live with and when they will spend time with a parent who does not have physical custody.

The court may provide joint custody to both parents or exclusive custody to one parent.

Every father needs to be proactive and have a plan in place to pursue his parental rights before the child is even born. By getting legal counsel, being informed of his rights, and having a plan in place, an unmarried parent can overcome his legal challenges and concentrate on enjoying fatherhood.

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What is the quickest way to get a divorce in a situation when there are no minor children? This is the quickest method for getting a divorce in Michigan. 

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The quickest way is to serve the parties, have them accept the service without objecting, have them automatically accept the service, have them quickly file an answer so that there is no waiting period for a default, and have them draft and sign a consent judgment of divorce immediately following the 60th day after the complaint was filed. The quickest way to end a divorce case might not be to wait for the other side to default.

The Reality of Divorce

The first reality everybody will unanimously agree about divorce is that everybody has agreed to end a marriage. Everything else is up for scrutiny, debate, and negotiation, and more negotiations.

Divorce is a process with a few non-negotiable milestones. You can do those milestones slowly or fast but you can’t get around them.

If you haven’t qualified for residency, you will have to wait six months at least to be able to file the divorce complaint.

Once you have qualified for residency then you have the filing of a divorce complaint. You need to wait for the response or the “answer”. 

Your spouse must promptly serve you with a copy of their Answer after filing it with the court if they choose to participate in the divorce process. Their time frame is 21 days after receiving your divorce papers if they were personally served with your summons and complaint. They have 28 days to file and serve an answer if they were served by mail or outside of Michigan.

This is the start of the waiting and waiting.

If neither you nor your partner shares custody of any children, there is a 60-day waiting period before your divorce can be legally finalized. Even if you and your spouse were already separated when you filed for divorce, the waiting period starts when you do. Your divorce may take far longer than 60 days if you and your spouse cannot come to an agreement on everything.

While your divorce is still pending, you and your spouse can decide against getting divorced. If you filed a complaint for divorce and your spouse didn’t respond or file a motion in court, you can file a Dismissal form without their signature. You can only file a Dismissal if both you and your spouse sign it, even if your spouse has previously submitted an answer or motion to the court in the matter.

The Process of Divorce

The reality of divorce is in the process. Let’s walk through the process.

You or your spouse must have resided in Michigan for the previous six months at the very least in order to apply for divorce in Michigan.

You and your spouse must quickly come to an agreement over a number of matters, including property, debt, child custody, alimony, and more.

If you or your spouse have lived in the same county for the last six months, you should apply for divorce there.

In the event that you choose to work with a lawyer, they will be able to guide you in the appropriate route. Use the forms that Michigan Legal Help provides, though, if you decide against hiring a lawyer. Print out additional copies and, if necessary, have the forms notarized.

When the forms are finished, you must pay the filing fee and file them with the clerk of court.

You must serve your spouse within 91 days of your original filing; there are several approaches to do this. A police officer, a professional process server, a friend or relative, or even the mail can personally serve you.

In the event that you and your spouse are unable to agree on everything, the court will decide who gets what. Sometimes, this can take up to 30 days.

You will file your final paperwork with the courts, and your divorce will be declared official once the final hearing has taken place or the waiting period has expired. You might be able to speed up the divorce process depending on your circumstances.

All the above are like milestones in the divorce process. This is the reality when you answer the question: What to expect in a divorce?

It Will Never Be as Fast as You Like

In Michigan, there are two waiting periods. Sixty days is the initial waiting period.

If there are no children involved, there is a sixty-day waiting period after the lawsuit is filed before the judgment can be rendered. (The date the other party is served with notice of the divorce has no bearing on the waiting period.)

Prior to filing for divorce in Michigan, a sixty-day waiting period is mandated. If the judgment is issued in fewer than sixty days, the divorce is most certainly void.

Six months, or 180 days, make up the second waiting period.

The public policy urges individuals to take some time to gather their thoughts and plan ahead before finalizing a divorce and possibly patching things up for the benefit of the family.

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

However, some courts are willing to waive the final 60 days of the 180-day waiting period for divorces involving minor children if the parties have reached an agreement, resolved all differences, and speeding up the divorce is in the best interests of the minor children.

However, no part of the first 60 days may be waived.

So if you and your spouse have complied with all the mandatory forms and responses to the summons, and nobody is contesting anything in the child custody, parenting time, child support, spousal support, and property division, then you got all the 60 days to play with.

But then again, this might just be wishful thinking for you and your spouse.

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CPS stands for Child Protective Services. Due to the fact that they check into maltreatment, some lawyers adore them. Because of the extra demands they place on court procedures, some people despise them. What is the most effective strategy to handle CPS? Cooperating and working together with your attorney is the greatest strategy for handling CPS.

Click here to watch the video on What Is The Best Way To Deal With CPS In Michigan?

You will eventually have to deal with CPS, however, you don’t want them to look into your case more thoroughly or to make recommendations that could weaken your case in court. The greatest thing you can do is speak with your attorney and get advice on how to deal with CPS.

The Truth About Child Protective Services

Protecting children from maltreatment and neglect is the responsibility of Child Protective Services or CPS. A child is a victim of abuse when their well-being or health is threatened or harmed. It is abuse if it causes intentional mental or physical harm. Neglecting a child means any or both of the following conditions:

[a] Not providing enough food, clothing, housing, or medical treatment for a child under your care.

[b] Putting a child in a situation where there is an unreasonable risk of injury when you should have known about the risk, could have protected the child, and did not.

CPS looks into cases of abuse and neglect committed by persons who are in charge of looking after children, such as parents or guardians. The police will look into the case if the individual suspected of abusing a kid is not a caregiver but rather someone else, such as a teacher or a member of the clergy.

If you’re one of those with very broad understanding of child abuse, we encourage to read our article, “What Is Considered Child Abuse In Michigan?” to get the legal definition of what constitute child abuse here in our Legal Blog.

To prevent, recognize, and treat child abuse and neglect, CPS will collaborate with families, law enforcement, the courts, and other organizations. As long as it’s in the child’s best interest, CPS must make an effort to keep families together.

If CPS receives a report of abuse or neglect, they have 24 hours to either begin an investigation or reject the complaint if they believe it is baseless. CPS will report extremely serious instances to the police, such as those involving sexual abuse or a child’s death.

Here’s some things parents will find dreadful. The thought and possibility of your child being taken away.

Children may occasionally be taken from their homes during an investigation. Children can only be taken from their homes by CPS with a judge’s order. When CPS takes children away, it frequently places them in foster care or temporarily with the other parent. A relative could provide foster care. 

Without a court order, the police are permitted to take a child from their home. If a doctor thinks a child will be in danger at home, the hospital has the right to refuse to let them go with their parents. Although the hospital has this authority without a court order, it is only temporary and limited in scope.

A preliminary hearing must be held within 24 hours if there is an emergency removal while the investigation is ongoing.

CPS does not have the authority to compel you to comply with the majority of its directives before a case of abuse or neglect is brought to court. However, working with CPS is typically to your advantage. This includes responding to inquiries, offering supporting documentation, allowing CPS to investigate your house, and scheduling and participating in suggested services. These services could include groups for people struggling with addiction, parenting classes, or classes on managing the finances of your home.

Some of the things attorneys who have dealt with CPS in the past will tell you is that CPS and its protocols are not the issue. The issue is overzealous social workers and agents who presume parents subject of complaints to be guilty even before investigation starts. Even the most compliant attorneys will tell you that even with a well-meaning social worker or investigator on your door, you need to keep your distance.

Intimidation is a common method used by overzealous CPS social workers or agents. They also enjoy driving a wedge between partners. It’s congruent with the “divide and conquer” investigative approach. An attorney who has dealt with such tactics before will advise against heeding any threats made by CPS without first seeking legal advice.

Many parents have been found to comply with CPS requirements, including “necessary services.” These can include parenting courses or drug and alcohol rehab. Parental “non-cooperation” is used as the offense by CPS when a parent unavoidably skips a class or a session.

CPS goes via the legal system, sometimes even asking the judge to revoke the parent’s parental rights even though the parent was already exerting every effort to keep the family together.

You should be well aware of your rights in situations where a social worker or CPS agent is asking questions after a complaint was filed or an alleged abuse was reported. This is a good reason to call an attorney as soon as there is first contact with CPS.

It can be unsettling to have CPS visit your home. But it’s crucial to keep in mind that the great majority of CPS visits and that’s about 75% of cases, do not result in any form of action from the service.

Cooperate But Do Not compromise Your Rights

When a CPS officer knocks on your door, they will treat you as though you are guilty and proceed accordingly. CPS agents are obligated to follow up on every lead as though it were real because they frequently receive anonymous tips.  You should therefore consider the accusation to be serious as well.

You need to know your rights in the context of the investigation process of CPS.

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

Although you do not have a legal right to know who has accused you, you can request written records and investigative reports. You are entitled to know of the charges. CPS agents frequently attempt to hide facts and just give you broad categories, like “abuse” or “neglect,” instead. If you ask for specific information, they must provide it. Your lawyer will use this information to create a strong defense.

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

This right shields you against self-incrimination in all circumstances, not just those involving criminal charges. However, completely refusing to answer the CPS investigator’s inquiries could cause you issues in the future. The best strategy is to react to the investigator’s inquiries with your own inquiries, such as “Why am I or my family the subject of a CPS investigation?”

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

You may be told lies by CPS employees. They might claim to be coming to collect your children, and they might even be accompanied by a police officer. Don’t let them in, though, if they can’t provide you with a court order.

No matter what the CPS employee says, you are always entitled to protection under the 4th Amendment. You have just given up your constitutional rights if you let them inside your house.

You can demand they keep your children close to you. Demand they leave your home, but don’t intervene physically.

Recognize they might still enter despite that. Do not engage in confrontation in this situation or you will find yourself in jail. You can utilize this material in court though, if you make it known you are protesting.

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

Any conversation you are a part of can be covertly recorded or captured on video in Michigan with no problems.

Anything you say to the CPS agent that is misinterpreted can be refuted in court if you have a recording of your interview with the agent.

If a CPS representative needs to speak with your child or children alone pursuant to a court order, make sure the conversation is recorded so you may later examine it with your lawyer. You and your family can be protected by the documentation from overly sensitive CPS staff who might try to distort your child’s words.

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

Everyone’s situation is unique, therefore you need to engage an attorney to represent you as you give your side of the story and attempt to reunite your family. Under the protection of attorney-client privileges, anything you say to your lawyer will be kept private.

As soon as a CPS investigation starts, you won’t be given a court-appointed lawyer. When a petition is filed against you or concerning your children in Michigan, you may be eligible for a free attorney if you cannot afford one. You must also understand that some of these reports are coming from state mandated reporters.

When a case of child abuse is confirmed, there are specific procedures that mandated reporters, such as your doctor or pediatrician must follow. These are not standards set by their profession but mandates imposed by state statutes.

You should seriously think about the predicament you are putting yourself in before you consent to having your child examined for signs of abuse. Doctors or medical professionals are considered mandated reporters.

In Michigan, persons who have “reasonable cause to suspect” that child abuse or child neglect has occurred or is occurring and who are obligated to report to Centralized Intake, CPS at the DHHS, are known as mandatory reporters. In Michigan, there is a comprehensive list of people who must submit specific information as per statute.

The consequences in Michigan for failing to report child abuse and neglect as well as for filing false allegations can be uncomfortable, to put it mildly.

A mandated reporter who willfully ignores the reporting deadline commits a misdemeanor and is subject to any or all of the following penalties: a fine of no more than $500; a term of no more than 93 days in prison; or both.

What You Can Do When CPS Knocks At Your Door

As soon as you can, speak with your attorney. Of course, your attorney won’t always be around when CPS knocks on your door. In the unlikely event CPS does knock on your door and your attorney is not available via speed dial, you can do this.

You have nothing to lose being courteous to CPS officers.

Any tension or antagonism could be mistaken for guilt. When interacting with CPS officers, always maintain a polite and formal demeanor. Don’t let your rage or fear control how you deal with them. 

Record the conversation if you know a social worker will visit your home.

If you cannot prevent the interview, make sure you can record the conversation between the social worker and your household. Your home cam or your mobile phone will be useful in this situation.

Gather the CPS officer’s details.

Ask for the CPS officer’s business card if they knock on your door. If you have the social worker’s contact information, your attorney can speak with them directly, which will make the process easier for you. Before speaking to your attorney, resist answering any questions, especially if the social worker is hostile toward you.

Request more information about the allegations made against you.

The CPS officer will not disclose any information about the complainant and as little as possible about the complaint but you have the right to know about them so ask. If you don’t ask, they are not obligated to volunteer information about the investigation.

Never confess to wrongdoing and say as little as you can.

You have the option to keep quiet. Saying as little as possible when a CPS officer knocks on your home is almost usually in your best interest. Parents frequently, and understandably, attempt to dispute the charges. The issue with this strategy is that CPS agents could misinterpret your remarks and utilize the data you supply to prove your guilt. The less you say, the better.

The CPS officer’s primary objective is to get you to confess to your guilt. Officers from CPS will consider trying to take the child from your household if you admit to even a minor fraction of the allegations made against you. Before giving your side of the story, make sure to contact your attorney.

Without a court order, refuse to let the social worker into your house and don’t allow the social worker to speak to your children by themselves.

A CPS officer can make an effort to persuade you to let them into your house. It’s crucial to keep in mind that unless the social worker has a warrant, you are under no obligation to let them inside. It is best to keep the CPS agent at a distance even if you are absolutely innocent. Keep your children close and make sure you verbally express to the CPS officer you want them close.

Make a list of reliable friends and family to vouch for you.

This is the best time to have your friends and close family vouch for you and provide you support. 

Your attorney might wish to speak with character witnesses to get their opinions on things like your commitment to your kids or your parenting skills. In the event that your children are temporarily taken from your house, this list of relatives and friends can be useful.  much preferable to a foster family you don’t know if CPS lets them stay with someone you can trust.

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How do you financially support your child after a divorce or separation between a husband and wife? The current state of affairs must be preserved at all costs. If a particular sum is combined to cover the children’s expenses, then that amount should be maintained. You must promptly file a motion to maintain the status quo and pay the bills if one of the providers of these monies for whatever reason decides not to contribute to the pool.

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If you wait far too long to ask for relief or submit a request, the court might assume the status quo and make its decision based on that. Have your attorney file a motion to maintain both parents’ contributions to paying such expenses.

The problem with child support calculators out there is that it doesn’t have an app converting the 12 factors to determine the best interest of the child into dollars. Most of these calculators are intended to just give you the bare essentials or the minimum expenses to be covered by child support.

There’s more to child support than just the obvious expenses. 

What Expenses Are We Talking About Here?

A parent must pay child support as per a court judgment in order to help cover the cost of raising a child. The judge may make an order to start or amend child support up until the child is 18, or in some cases, until the child turns 19 and a half years old.

You might ask to begin providing child support by submitting a motion in your ongoing family court case. If you don’t already have a family court case, you can start one on your own or ask for child support services to do so. Several modifications can be made to a child support order.

What expenses and in what proportionate amounts are determined by a formula or a guideline mandated by the Michigan Friend of the Court Act of 1982. 

After significant research and with the assistance of economists, a group made up of family law attorneys, psychologists, public health officials, and members of the general public devised Michigan’s child support formula. The formula took effect in 1984.

The phrase “guidelines” for child support is much more common than the formal name of the document, the Michigan Child Support Formula, or MCSF.

The federal rules are updated every four years, and the State Court Administrative Office of Michigan announced the most current revision to Michigan’s child support formula on January 1, 2021.

The Michigan Supreme Court, which issues the guidelines, receives proposals from a group which meets on a regular basis.

The regulations provide that parents are required to pay for a child’s basic needs (called base support), medical care, and child care expenses.

The three primary factors used to calculate child support are the income of the paying parent, the income of the payee parent, and the number of overnights of parenting time.

According to the MCSF, daycare expenses are split up based on the parties’ respective salaries. The payee’s job or school schedule must require child care in order for the court to order the payer to pay for it.

Child support includes the expense of extracurricular activities as well. However, many parties often split the cost of these expenses in addition to the amount of child support when the activities and prices are agreed upon by both parties.

Who Will Actually Pay For These Expenses?

Before the divorce, we presume both parents to be shouldering the costs of raising the children. After divorce, we presume differently since we see both parents living separate lives and depending on who gets custody of kids, the expenses may be different and slightly higher. It’s different because spending patterns will change after separation. It is higher at least for the non-custodial spouse because there are now two households to worry about.

If the court awards joint custody, you might worry about having to keep paying child support. Child support payments are dependent on a number of factors, including your income, the amount of time each parent spends with the children, and the cost of raising the children.

The non-custodial parent often pays child support to help cover part of the costs of raising the child. These expenses may involve the cost of shelter, clothing, and food. Additionally, expenses for things like healthcare, transportation, and education are covered through child support.

If the parents share custody, these expenses must be divided equally. This suggests that the expense of raising a child is shared by both parents. Even if you make more money or have fewer costs than the other parent, you may still be required to pay child support.

If your child spends less than half of the time with you, you must pay child support. In general, if a child resides with one parent for more than 50% of the time, the other parent is not required to pay child support.

In a shared custody arrangement with 50/50 custody, child support calculations will look at each parent’s income to determine who will be responsible for paying child support and how much they will pay.

How Is Child Support Going To Get Paid?

Most often child support payments are made through the Friend of the Court. You have an option to pay directly to the custodial parent.

The child support formula already defines the support commitments shared by both parents:

[1] Contributions for a child’s expenses from a paying parent will be established in a support order.

[2] A parent receiving the child support amount is presumed to contribute directly to a child’s support.

In summing up calculations, support amounts are to be rounded to the nearest whole dollar.

In Michigan, parties that choose to pay child support directly can “opt out” of the Friend of the Court program. However, the choice is all or nothing. By choosing to “opt out,” the parties are giving up the right to use any FOC services for any reason. So if they have disagreements over child support, parenting time, or custody, they won’t have any recourse. 

To “opt in” to the FOC, the parties may at any time ask the court to do so. Some judges, though, will not consider any cases that came up during the “opt out” period. It is best to “opt out” only if the kids are in high school and there is minimal likelihood that FOC services will be needed.

It is common for the parties to pay their separate portions of the cost directly to the child care provider, but the cost of child care is also typically included in the amount the payer pays through Michigan State Disbursement Unit, or MiSDU.

Thanks to the ease of use and accessibility of internet banking, the days of mailing checks to and from the Friend of the Court are a thing of the past. According to federal law, child support must be managed by a statewide system. Consequently, Michigan created the Michigan State Disbursement Unit, or MiSDU.

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For a divorce involving minor children, the court is given six months to schedule events such that they cover all of the crucial divorce-related procedures. Although the court has the option to cut it short, no final paperwork may be signed until the 180-day period is passed. There are several issues that couples will need to discuss when going through a divorce with children, such as child support, parenting time, and custody. The majority of the processes will be finished in the same amount of time even if there isn’t a waiting period.

Click here to watch the video on Can I Waive The 6 Month Waiting Period In A Michigan Divorce?

There are two waiting periods in Michigan. The first waiting period is sixty days.

There is a sixty-day waiting time from the date the case is filed before the judgment can be entered if there are no children. (The waiting time is unaffected by the date the other party is served with notice of the divorce.)

In Michigan, a sixty-day waiting period is required before filing for divorce. The divorce is likely invalid if the judgment is entered in less than sixty days.

The second waiting period is six months or 180 days.

Why The Waiting Period In Michigan?

Just recently we published our article entitled, “Michigan Divorce Timeline” in our Legal Blog here. In that article we discussed why the state of Michigan imposes the waiting period for couples.

A moment for second chances.

An intense argument may be followed by a hasty and enraged divorce filing. Combative partners are given some time to cool off and determine if this is actually what they want during the waiting period.

Couples may start discussing their problems in a fresh way once a divorce case has been filed in court due to the impending reality of separation. The divorcing spouse can also decide that living alone is not what they had envisioned after leaving the home.

While waiting, the couple has time to think about a potential reconciliation.

Preparing for post-divorce parenting.

A new living circumstance calls for a different approach to visits, daycare, and educational systems. As they learn to co-parent in different homes, parents may decide making amends and giving their marriage another chance is preferable to ending it.

The court will decide who gets to have the child if the parents are unable to reach an agreement, thus there will need to be a trial where both parties will submit their evidence. Prior to trial, the judge may ask a custody investigator with specialized skills to assess each parent’s ability to care for the children.

Determining whether a custody agreement is in the “best interests of the child” as defined by the Child Custody Act may take months.

Navigating your financial maze.

Few people actually come out of divorce financially better than they would have if they had remained married. As one family becomes two households, the couple’s expenses nearly quadruple compared to when they were living together.

Due to the fact that married couples typically combine their finances, it may take some time to get all the necessary documentation, total everything up, and establish how to efficiently separate one spouse’s assets and debts from the other’s.

Just a few examples include checking accounts, investment accounts, insurance plans, bank loans, and credit cards. For tangible assets, such as real estate, vehicles, and other items, an appraisal is necessary. One or both partners must find new housing.

The parties in a high asset divorce might need to hire professionals to conduct asset discovery and valuation. There are retirement or pension plans to think about for those with a sizable amount of job experience.

A moment for mapping settlement.

Michigan courts normally schedule the initial divorce hearing for couples without children at least 60 days after the divorce complaint is filed.

Couples with few disagreements can frequently agree on the terms of their divorce before the first court hearing. The divorce can then be officially finalized at that first hearing after the required 60-day waiting period has passed.

The parties have at least had time to define their differences of opinion, estimate how much additional time will be needed to reach a resolution, and contemplate whether a mediator could be required if a settlement cannot be reached by the first court date.

The Six-Month Waiting Period Is Not Set In Stone

The six-month waiting period has exceptions. A court may waive the six-month waiting time under Michigan law, but not the sixty-day one. When it comes to “exceptional difficulty or such compelling necessity as shall appeal to the conscience of the court,” which would appear to indicate a very high threshold, the six-month waiting period can be extended (but never by less than sixty days). But in practice, the majority of judges will waive the six-month waiting period if there is a good cause and they are informed that the matter is a collaborative case.

Another thing to keep in mind is, even though there is a minimum waiting period of six months in litigation cases, it is uncommon for cases to be resolved quickly after that time period has passed.

These are extremely rare exceptions, but certain judges would lift the six-month waiting time in collaborative cases if there are strong enough justifications. Judges appear to be aware that beginning a collaborative process is virtually the same as filing a complaint.

The possibility of a judge forgoing the six months exists. The divorce may not be finalized for six months after the complaint is filed. People can be emotionally divorced when they sign contracts, so even if the legal dispute has not been addressed, tension normally decreases once the issues are handled.

Public policy encourages people to take some time to collect themselves and think things through before finalizing a divorce and potentially mending fences for the sake of the family.

The 60-day statutory period cannot be waived by trial courts unless testimony needs to be preserved. 

However, if the parties have come to an agreement, settled all disputes, and expediting the divorce is in the best interests of the minor children, some courts are ready to waive the remaining 60 days of the 180-day waiting period for divorces involving minor children.

No portion of the initial 60 days, nevertheless, can be waived.

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