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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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. 

Click here to watch the video on Hiring An Attorney Before Dealing With CPS If I Have Nothing To Hide In Michigan

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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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. 

Click here to watch the video on How Addiction Struggles Impacts Custody in Michigan

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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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. 

Click here to watch the video on What If My Ex Calls CPS Because I Physically Disciplined Our Child in Michigan?

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. 

Click here to watch the video on Who Has Custody of A Child If There Is No Court Order in Michigan?

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. 

Click here to watch the video What Is The Fastest Way To Get A Divorce In Michigan?

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