One of the most challenging situations a family may go through is divorce. It entails a plethora of taxing mental, physical, and monetary difficulties and frequently leads to rifts in families that are irreparable and can endure a lifetime. The possibility of losing your child is one of the divorce’s most terrible components; this anxiety causes stress and annoyance.

Click here to watch the video on What Qualifies A Father To Lose His Rights In Michigan?

Choosing to walk away from a child forever is a life-changing decision for a child. Even though this is a regrettable and depressing outcome in some divorce cases, parents can be ready for it by being knowledgeable of Michigan’s termination of parental rights laws.

The Simple and Popular Process That Will Make You Parents

When talking about being a parent, we are not referring to the biological process of being one. We are referring to the legal process of acquiring the status of parenthood.

Being a woman in our species gives you the unique opportunity to bear a child inside your body and give birth to a baby months after. By virtue of your ability to give birth and actually and literally bring forth a child to this world, you become a mother.

A father on the other hand will sort of earn his way to fatherhood. The simple and popular way to do it is to just be married to the mother of the child at the time of birth.

If you are unmarried, you will have to do any of the following:

• [a] Together with your unmarried partner, fill up a form called Affidavit of Parentage and both of you declare under oath you are the father of the child.
• [b] Any of you or a prosecuting attorney request the court to assist in establishing paternity which in most cases means going through genetic testing followed later by a court hearing.
• [c] Or just go through the process of adopting the child.

Of course being a father, a mother or being parents now endows you with the responsibility of raising and caring for the child. There are healthy advantages of being married if you have children. It signifies you and your partner love each other and have held each other’s hands to commit to a life of service to family, and children. Until one or both of you decide to end the marriage with a divorce.

In Michigan, either of you can initiate the process of divorce. Ending your fatherhood or motherhood, however, is not an option you can use easily. The state has a say of how that  process will work for the best interest of the child.

If you don’t want to be a father anymore, you will have to terminate your parental rights. In Michigan, this is not something you do and get back to. Termination of Parental Rights or TPR is not reversible in Michigan.

Let’s take this a little further.

This Will Make You Lose Paternity Rights Guaranteed

There are two ways you can lose your rights as a father in Michigan, by consent or contest and abuse or neglect. 

Consent or Contest

One, you have to give your consent in making the child available for adoption so an individual like a guardian or a step parent can legally acquire the right to be the child’s parent and care for the child. Or, someone will contest your right to be a parent which in the law means you not having any contact with your child for two years at least, and you failing to respond to your child’s needs in spite of your ability to do so. In this case, your parental rights in Michigan can be terminated through the Adoption Code.

The Adoption Code governs the termination of parental rights, and it serves the objective of making the child available for adoption. In the case of stepparent adoption, this can either be done with the father’s approval or it can be contested. If there is a dispute, the parent whose rights are being terminated cannot have supported the child despite having the means to do so and have had no contact with the child for two years. The step-parent adoption cannot move forward without consent if these two requirements are not met.

If your child ends up in the care of the state, and you desert your child, it is technically abandonment. You are in essence opening your child up for adoption.

A kid may be considered deserted for one of two reasons: The parent of the child cannot be located, has neglected the child for at least 28 days, and has not sought custody during that period.

Additionally, for a period of at least two years prior to the petition for adoption being filed, the parent failed or neglected to visit, speak with, or communicate in any meaningful way with the child.

Abuse or Neglect

Two, you are charged with abuse or neglect of the child. These charges are initiated by groups of people. In Michigan, this usually means the Department of Health and Human Services or DHHS. This is made possible through the Juvenile Code of Michigan.

Due to child abuse or neglect, the Court may terminate a parent’s rights under the Juvenile Code. Several organizations may file this petition, although the DHHS and the prosecutor’s office do so most frequently. The Juvenile Court will handle the case. In some circumstances, the Court will provide the parent the chance to fix the problem that led to the abuse or neglect; nevertheless, the parents are subject to a number of rigorous rules, court supervision, and deadlines.

You should also take false accusations about child abuse because it can get you in trouble with DHHS and its enforcement arm the Child Protective Services or CPS. Read our articles on, “What Evidence Can Be Used In A Custody Battle In Michigan?” and “How To Deal With False Domestic Abuse Claims In A Michigan Divorce” to defend yourself against the possibility of losing your parental rights.

There are two stages to the hearing to terminate parental rights.

The first step is to ascertain whether the legal reasons for terminating parental rights are supported by clear and persuasive evidence. In the second stage, it is decided whether or not terminating parental rights is in the child’s best interests.

If you are at this moment contemplating ending your parental rights as a father, think very carefully. Think long and think deep. Think even more with someone like your lawyer. Do it together if you can.

The legal connection between a parent and child is permanently, completely, and irrevocably severed when parental rights are terminated (TPR).   While other states have laws restoring parental rights, Michigan does not.

Read this: Michigan courts will not restore your parental rights if you give it up. It is irrevocable.

Best interests of the child and statutory grounds are usually the basis for the court’s decision.

Termination may occur at the time of initial disposition or at a later time.

You might ask yourself if somehow there is any difference between just losing custody and losing parental rights.

A parent does not lose their parental rights if the other parent is granted sole legal and/or sole physical custody of their child.

When a parent’s parental rights are revoked, they are no longer in any way legally obligated to the kid, and this cannot be reversed.

First, if a parent loses legal and/or physical custody of their child, they are still obligated to provide for that child.

Second, custody can be modified by demonstrating to the court that there has been a change in circumstances or justification. This is not so with TPR. 

The game is over after parental rights have been terminated.

This Will Make You Lose Maternity Rights Too Guaranteed

Now, we always have a soft spot for mothers especially when it has anything to do with keeping them together with their kids. But, mothers can lose their parental rights too just like fathers. Courts are no longer biased towards any gender.

Like what we mentioned here, the decision of the court really revolves on two things: best interests of the child and statutory grounds.

Just like the father, the mother can lose her parental rights if she is charge with child abuse. 

Rights shall be terminated if the court establishes child abuse has occurred or is occurring and there is a plausible likelihood a child could suffer further harm if returned to the mother. Accordingly in Michigan, the following behaviors qualify as child abuse:

• Abandoning a child
• A lot of physical violence
• Illicit sexual activity
• Killing or attempting to kill
• Sexual assault
• A potentially fatal injury

All of these are crimes, so in addition to the termination of parental rights, criminal charges might also be brought. A trial will be held in a family court to decide whether or not a kid is in danger, based on evidence that has been shown by the prosecution.

A mother won’t have to support her child anymore if she ceases to be a parent. Once done that’s it.

Only when parental rights are dissolved does a parent’s need to provide support end. A mother who releases her child from wedlock renounces both her parental rights and obligations, according to the Michigan Court of Appeals. That is in the Adoption Code, MCL 710. According to section 29 of the law, a parental support obligation is dissolved.

Just like how a father can have TPR, a mother can also through her action or inaction lead to opening up the child for adoption such as abandonment.

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

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

Standard time refers to the courts definition of minimum standard parenting time. It is the least amount of time you can spend with the kids. State or the court tries to do a 50-50 split and usually start off with alternate weekend arrangements. The reality is circumstances will eventually determine a more relevant parenting schedule.

Click here to watch the video on What Is Standard Parenting Time In Michigan?

Standard parenting time. What does it really mean for you? What does it mean to your ex? What will make you comfortable or uncomfortable with parenting time is probably going to make your ex just as comfortable or uncomfortable. You probably want the same amount and quality of time as the other parent. Find out the truth about parenting time in Michigan.

This Is The Monumental Reasons For Parenting Time

A study on parenting in early childhood published in the National Library of Medicine indicated the impact of parenting to early childhood development.

Infancy and the early years of life, the establishment of flexible biobehavioral responses to stress is dependent on the availability of loving attachments. Interventions that improve these interactions have the potential to offer long-term benefits in terms of social and emotional development, particularly for children who are at risk owing to poverty and toxic stress.

Infants and young children depend on their caretakers for their survival, and healthy development demands both physical and emotional needs be satisfied. Positive parent-child relationships help children develop emotionally and cognitively and give them the self-assurance they need to explore the world. While children with insecure attachments are more likely to face developmental issues and psychopathology, those with safe attachments are frequently well-adjusted.

For fathers who oftentimes underestimate their role in their children’s development, take heed. 

According to recent research by academics at Michigan State University, fathers are unexpectedly influential in their children’s development, from language and cognitive growth in infancy through social skills in fifth grade.

The study supports the premise that early childhood programs like Head Start should focus on the entire family, including mother and father equally, and offers some of the most solid evidence to date of the importance of dads to children’s outcomes. Claire Vallotton, an associate professor and the project’s principal investigator, affirms this. 

Two academic journals, Infant and Child Development and Early Childhood Research Quarterly, both publish the findings online.

The assumption moms are the ones who have an impact on their children’s development and dads merely set the tone for the home is one that emerged from earlier study on fathers and children. However, this study’s findings demonstrate dads do in fact have a direct impact on children, both immediately and over time.

Even when the mothers’ contributions were taken into consideration, the study indicated fathers’ parenting-related stress negatively impacted their children’s cognitive and language development between the ages of 2 and 3. Fathers’ influence, for instance, had a greater impact on boys’ language than on girls’ language, and this effect varied by gender.

Another important conclusion was toddler behavior issues were significantly influenced by both parents’ mental health and that of the fathers. Furthermore, disparities in children’s social abilities, such as self-control and collaboration, by the time they reached fifth grade were caused by fathers’ mental health.

In actuality, fathers’ feelings of sadness during the toddler years had a greater impact on children’s later social abilities than did mothers’ symptoms.

The Fundamentals Of Parenting Time You Need To Know

In Michigan, the time a child spends with each parent when they don’t live together is referred to as parenting time. We never get to mention parenting time without mentioning child custody. We include this in our conversations almost interchangeably.

Doesn’t having custody actually also means spending time with kids? So, what distinguishes parenting time from custody?

Both the residence of a child and the power to make choices on behalf of a child are referred to as custody. If a parent has legal custody, the parent must decide important matters for the child, like their medical care and where they will go to school. A kid has a residence with each parent, and each parent has physical custody when the child is there, unless the court decrees otherwise. Physical custody might refer to the child’s principal house. One parent may be granted exclusive legal and physical custody, both parents may have joint legal and physical custody, or the court may combine the two types of custody.

Parenting time is how a child spends time with each parent, as opposed to custody. It may include a daily schedule as well as chances for the youngster to speak to or communicate digitally with a parent on other occasions. A parent can nonetheless share legal or physical custody of a kid even if they spend less time with the child than the other parent. Similar to this, some parents may have exactly equal parenting time with their children, but if they are unable to work together to make decisions for the child, the court may rule one parent as the child’s sole legal guardian.

In Michigan, a child has the right to parenting time with each parent unless a judge finds the kid’s bodily, mental, or emotional well-being would be jeopardized. According to Michigan law, it is typically in a kid’s best interests to have parenting time that is frequent, long, and of a nature fostering a positive bond between a child and parent.

Parenting time schedules have been recommended by the Court as a model or guideline parents may want to take into consideration when creating a parenting time schedule. In suitable situations, including those where the parents are unable to reach an agreement on a timetable, the court may impose a parenting time schedule.

Only when a parenting time directive is mentioned and included in a court order can it be put into effect. If the phrase “appropriate parenting time” appears in your court order, it refers to any parenting time the parents may agree upon.

The Friend of the Court or FOC will not be able to enforce parenting time if there is a parenting time dispute and your order contains language about “reasonable parenting time” since it lacks a set plan. The parties can make a formal agreement, have it evaluated by the court, and have it filed as an order, or a parent can petition the court if they both want a certain timetable.

As contrast to having parenting time allocated for specific days and times, “reasonable parenting time” is when parents arrange parenting time as they go without a predetermined schedule. If there is a dispute regarding reasonable parenting time, you must submit a request to the judge asking him or her to decide the issue.

If you are granted particular parenting time, a schedule is in place. You might be able to come to an agreement on a parenting time schedule if you feel comfortable speaking with the other parent of your child. If the two of you are unable to come to an agreement, the court may instead establish a schedule.

The thing to remember is not to deny the other parent the court ordered parenting time, you can read our article, “How Can I Deny Parenting Time In Michigan?” to get a glimpse of what happens when one parent denies the other parenting time or visitation.

The Truth About Standard Parenting Time in Michigan

According to Michigan law, a child’s strong relationship with both parents is presumptively in their best interests, and the Court must assign parenting time in a way logically intended to foster this relationship. The court will typically accept the parenting time schedule if the parties can come to an agreement on its details.

It may be challenging to come to an agreement considering there are a lot of considerations to keep in mind even before getting to the stage of deciding a schedule.

The Child’s Stage of Development

You need to consider the stage of development your child is at, and you can have several children in different stages of their development. The range of development stages is from infant to highs school, as follows:

• Infants (Birth to 12 months)
• Toddlers (12 months to 3 years)
• Young children (3 to 5 years)
• Elementary school (5 to 10 years)
• Middle school (10 to 14 years)
• High school (14 to 18 years)

And learning the elements of each of these stages is like attending a course on child development. In each of these stages or levels are more considerations such as development and emotional concerns, communication, parenting time scheduling considerations, and schedule components (in the schedule components safety concerns are also considered).

If you’re looking for a recommended parenting time schedule, you will probably be looking at a schedule as many as the counties handling divorce and child custody cases. Each county actually publishes their own parenting time guidelines. Michigan has a set of parenting guidelines published by the state.

Michigan Parenting Time Guideline published by the State Court Administrative Office of Michigan published in February 2021 and updated last March 2022, provided 14 examples of the parenting time schedules to illustrate how parenting time should be set by parents. These are guides or samples. The parenting time for each family may be as unique as the development needs of the child.

The physical and mental changes occurring in a child from birth till adulthood are referred to as child development. Schedules for parenting time might have an impact on a child’s normal growth. The developmental phases described here are typical for many kids and are generalized. Since each child is different, these patterns could not exactly apply to all of them.

The truth about standard parenting time?

There is really no standard parenting time. What we have are just guidelines. A framework we can use to create a plan for parenting time.

You should not only be thinking about parenting schedules. There’s more to consider and the more of it you integrate into your schedules, the less it will resemble anything standard.

Medical Care Expenses

You have to think about sharing the cost of child medical care. Medical expenses for the child during parenting time may occasionally be paid for out of pocket by the parents. If parents are unable to arrange for uninsured healthcare bill reimbursement on their own, there is a FOC method to assist parents.

Setting up Parental Leave to Address Special Needs

The doctor or doctors of a child with special needs should be consulted by the parent for assistance on how to best manage the child’s parenting time. Routine can be crucial for many kids who have serious medical demands or other special needs. The least disruptive parenting time schedule should be created by the parents for the child.

Consider Extracurricular Activities 

Children can benefit from extracurricular activities in terms of their physical, emotional, psychological, academic, and social development. Sports, clubs, community and religious organizations, and volunteering are just a few examples of these activities. The general health, emotional control, study skills, self-esteem, and respect for social values, customs, and individual uniqueness of children are frequently improved by these activities.

Each parent is responsible for gathering information about the events and activities that take place in their child’s life, such as sporting competitions, concerts, award ceremonies, plays, and school programs. Report cards, school calendars, school photos, and copies of awards or ceremonies must all be obtained by parents. Parents should cooperate and share information if one of them is unable to access these items despite reasonable efforts.

The parenting time guidelines spend a lot of time outlining how parents’ optimal parenting time plans are impacted by children’s shifting developmental demands. The greatest parenting time plans take these modifications into account and provide parents the flexibility to adjust as their children’s needs evolve.

The Secret To The Most Promising Parenting Time

There is really no standard parenting time. The most you get is a guideline. First agree to use a guideline and a sample schedule to work on together. Choosing an approach or framework promises the most optimal compromise for both you and your ex.

Both of you should agree that both your lawyers are in on it. You need to agree on this just in case you need to put anything in writing later on. Surprises in these cases don’t turn out very well. Set a course of action and stick to it. This keeps the court out of your schedule.

Communicate, communicate, and communicate more for the sake of your child.

Communicate with your ex candidly.

For a young child to emotionally mature and build a good relationship with both parents, there must be open communication between the parents. Parents should communicate with each other with the needs of the child in mind rather than their own feelings toward one another. Parents must be careful not to let their personal and emotional animosity toward the other parent sabotage their co-parenting arrangement.

Talk about co-parenting and learn from each other.

The majority of families find it important and advantageous for the child when the parents share information. Parents should communicate routines, dietary preferences, medical orders, and any behavioral changes with one another. Regardless of how they parent, parents should have a foundational set of co-parenting abilities. For assistance in building wholesome surroundings for their children, parents may choose to look into parenting workshops, co-parenting counseling, or parenting programs in their neighborhood. Local FOC offices might be able to give you details on free or inexpensive web-based co-parent communication options.

Have That Special Talk With Kids.

Parents should work to establish positive lines of contact with their children. The youngster may be asked about their friends, sports, health, and extracurricular activities at school. In order for the youngster to feel safe contacting either parent with any concerns, parents should maintain open lines of communication with their children. 

Parents should, if appropriate, encourage their children’s open communication with the other parent through phone conversations and/or video chats. If it is appropriate, both parents should support the child’s relationship with the other parent and refrain from disparaging that parent, their family, or their spouse.

The best parenting is really the one mutually agreed upon by both parents. If it provides optimal time for each parent then it has achieved the child’s developmental needs. 

In the end, it’s essential to strive to set a positive example for your child and impart useful life skills to them. Making your child feel accepted and loved can be accomplished by devoting even a brief amount of time each day to what matters to them. For kids to feel powerful and self-assured in their environment, this connection is crucial.

For parents under supervised parenting time, you may want to read our article, “How To Go From Supervised Visitation To Unsupervised Visitation In Michigan” to see the challenges of supervised visitation and how to move out of it.

Subscribe to our YouTube channel today for more advice on Family Law!

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

Pets are becoming part of families in most households. Many states are seeing pets as more than property. In Michigan however, animal companions are still considered personal property, and that property is subject to division and distribution by courts in a divorce in Michigan.

Click here to watch the video on What Happens If Both Parties Want A Pet During A Divorce In Michigan?

In March 2017, there were pets in at least 55.4% of Michigan households.

One dog at least in 34.6% of Michigan households. In Michigan, there are 2,036,000 pet dogs in total. One or more cats are present in 31.3% of Michigan households. In Michigan, there are 2,420,000 domestic cat owners.

This dog and cat population in Michigan alone creates a huge market for pet care products. The worldwide pet care market is anticipated to reach a value of US$ 199 billion by the end of 2022 before growing rapidly at a compound yearly growth rate of 6.1% to reach US$ 338.5 billion by the year 2031.

Pets are cherished family members who offer support at all stages of life for many individuals. They can be a couple’s ally in strengthening their bond, playmates for young kids, and companions for parents when kids move out. A study showed a pet was owned by 63% of US households with infants younger than 12 months, while a 10% rise in pet ownership was observed in Australia around the time when children began attending school.

The Amazing Truth Revealing Why People Love Pets

It is simple to ignore the link between humans and animals as a one-way path. To provide for their fundamental needs of food, water, housing, and welfare, pets depend on their owners. However, humans can benefit from their companion animals in a different way.

According to research, having a pet can lower blood pressure, reduce stress, increase oxytocin levels in the blood, and, in some circumstances, possibly lessen physical pain. People who live with dogs are 15% less likely to die from heart disease, according to Bayer.

Pets can help with other human health issues as well. Companion animals have a positive impact on the elderly. According to Bayer, loneliness can aggravate disorders including depression, coronary artery disease, and dementia. Seniors can benefit both physically and mentally by associating with companion animals. Children’s emotional, cognitive, social, and behavioral development might lead to similar outcomes.

Animals may provide comfort and strength. Therapy dogs are the ideal candidates for this. At times, they are introduced into hospitals or nursing homes to help patients feel less agitated and anxious.

Dogs are also helpful in the classroom. According to one study, dogs can help ADHD children with their attention and focus. Researchers recruited two groups of children with ADHD in 12-week group therapy sessions. The first set of kids read aloud to a therapy dog for 30 minutes each week. The second group read aloud to puppets in the form of dogs.

Children who read to live animals displayed improved social skills as well as an increase in sharing, collaboration, and volunteering. Additionally, they had less behavioral issues.

Taking care of an animal may teach kids important lessons about empathy, responsibility, and caregiving, according to many parents. According to Megan Mueller, an associate professor of human-animal interaction at Tufts University in the US, it’s crucial for children, especially younger ones, to learn that other people may view things differently than they do. It might be easier to learn lessons from an animal than, say, your sibling or a peer.

Another study found that guinea pig interaction in the classroom reduced hyperactivity in kids with autism spectrum disorder. After interacting in a supervised group with guinea pigs for 10 minutes, the children’s anxiety levels dropped. The children had better social connections and were more involved with their peers. According to the researchers, the animals provided the kids with unconditional love, which made them a reassuring source of peace.

This Is The Practical Way Courts In Michigan See Pets In Divorce

Animal companions are still regarded as personal property regardless of where you reside. And in a divorce, that property is up for division.

All states prohibit the division of property regarded as one spouse’s separate property, such as those the spouse inherited or possessed before the marriage. Therefore, if one spouse owned Garfield the Cat before the marriage, Garfield stays with them following the divorce.

Michigan divorce law does not provide for “custody” or “support” for pets. If the spouses are unable to agree on who should get to keep a cherished pet, a judge may have to make the decision, in accordance with Michigan law, which mandates an equitable division of property.

According to the rule, courts are only absolutely permitted to give a pet to one owner or the other. According to the law, allowing the couple’s pets shared custody or visitation would be the same as letting them switch out their televisions every week.

The collaborative divorce method is one technique for Michigan pet owners who are considering divorce to make sure their animals are handled with kindness.

The pet can be awarded to one party with the condition they be responsible for the animal’s care and maintenance, making it simpler for the court to determine the creature’s one-time assessed value. Pets do not have the same intrinsic entitlement to upkeep as children do.

The pet will probably be given to the spouse who brought it into the marriage if there is a divorce. The court may, however, take into account a number of factors, such as who looks after Garfield the Cat. Whether the pet is separate or marital property will be the first issue the court will examine. 

The answer to this question usually depends on whether one of the parties owned the pet before the marriage. There is no reason to think, however, a pet cannot be acquired as marital property through commingling, just like any other property.

When anything that was once distinct property merges with the marital estate, this is known as commingling. Unless it is combined with marital assets, an asset that one individual brought into the marriage or inherited during the marriage is considered separate property.

A pet might become marital property if it is cared for with money from the marriage. This includes using marital assets to provide the pet with the food, vet care, and other necessities. Although the court will consider all the circumstances, it is more likely the pet would be considered marital property the more jointly money is used to care for it.

Who has custody of any children from the marriage may be one of the more persuasive reasons a court will take into account when deciding where a pet should live after its owners split. Although pets are normally seen as property by the courts, because they are also concerned with the children’s best interests, they may rule the animal should remain with the kids.

Who Gets To Love The Pet After A Michigan Divorce

Who gets to keep the pets when a married couple gets divorced is a common concern. The laws for pets are intended to favor the owner as opposed to human children, whose best interests are protected by laws allowing for shared custody, visitation, and alimony. Pets are regarded by the law as personal property to be owned and controlled by humans. 

In divorce proceedings, judges are granted some discretion in deciding what is best for the family. As a result, the courts have occasionally stepped in to fill the gap in areas where there are no statutes addressing the issue of “who gets the dog in a divorce.” 

Although it may not be legal for judges in such areas to grant visitation or custody rights for pets, some have done so by considering other criteria outside the animal’s monetary value when deciding which spouse should own it. Among those elements are:

• Who purchased the animal, and whose name appears on the ownership documents?
• Who is primarily in charge of providing for the pet’s needs, such as ensuring that it receives proper nutrition, is fed, is properly groomed, and is given appropriate exercise?
• Who has covered the cost of the animal’s upkeep?
• Will a spouse’s job schedule afford them enough time to properly care for the pet?
• Which spouse will have enough space in their home to care for the pet properly?
• Has either partner ever abused animals before?
• Has the couple a child who is so devoted to the animal that their separation could harm the youngster’s wellbeing?

It’s conceivable a judge would take action if the last bullet point represents a valid concern for the children.

The court may also take into account a number of the following concerns or reasons before making a decision:

• Does a prenuptial contract exist? If so, was the pet covered under the contract? If the pet is pricey, special, or uncommon, couples may discuss it in a prenuptial agreement.
• Did one partner bring the animal into the union? If the animal was a wedding gift, it might not be regarded as marital property.
• Is the animal priceless? Is the animal a liability or an asset? A pet can occasionally be both emotionally and financially rewarding. It can be much more challenging to give ownership if it will complicate your settlement agreement if your pet is older or requires ongoing medical care.

Due to the increasing importance of pets in our lives, some courts are starting to rethink this approach and are prepared to consider animals more like children. This has mostly happened to dogs thus far.

When deciding who should have custody of the animals, the courts have taken their best interests into account. Additionally, they have granted the owners joint legal custody, visiting rights, and alimony payments. Owners frequently come to an agreement between themselves in place of a court if the latter is hesitant to do so.

Cost of ownership is one thing to consider when selecting who gets the pets in a divorce. When you factor in food and supplies, veterinary visits and vaccinations, grooming and boarding, you may easily spend more than $2,000 a year on a cat or a dog.

American pet owners adore them! In the United States, pet owners spend $111 on their pets on a monthly average. When asked if caring for their pets had helped them become more responsible and more equipped for fatherhood, 33% of young adult pet owners agreed.

For many couples, caring for someone else is almost a rite of passage allowing them to practice parenting and prepare for adulthood. Being a “dog mom or dad” can be a terrific way for couples to work together as a team because of the attachments formed while sharing a pet and the responsibilities that come with pet care.

It’s impossible to ignore how much having pets enriches our lives, therefore it’s understandable that when partnerships break down, having pets together can lead to hurt, resentment, and legal issues. Being that pets are regarded as property in Michigan, disputes over who gets to retain the cherished family dog or fish might result in lengthy discussions.

If you and your estranged partner are unable to come to an agreement over pet ownership through dialogue, the court will decide who will own the animal after the divorce.

You may need to make concessions regarding your common family pet as you haggle over the sofa and dining room table. Pets are treated as marital property just like any other item, therefore the answer to the question of who will get your pet depends on whether you have a prenup on file or can provide the court with proof of your ownership.  The court’s decision on any pet-related issues will be based on statutes governing equitable property distribution.

There are still unsolved questions even if the laws were to be changed to allow for more factors to be taken into account when considering pet custody. Example of unsolved questions such as which relationships and which species should qualify for protection. Judges’ open minds and the parties’ innovative arguments are currently just beginning to set the foundation for future case law. Laws governing pet custody appear to be most susceptible to modification right now.

A service animal will nearly always remain by the person who requires its aid because the animal has been trained to carry out specific activities and support.

Emotional support animals may not necessarily be exempt from that restriction. 

Nevertheless, you should obtain confirmation from a licensed healthcare professional or therapist to back up your belief if you think your pet is important to your mental health. Of course, if your husband behaves similarly, the judge will have to consider all of the facts before choosing who gets the pet in the divorce.

A Practical Alternative To The Court’s Mind In Michigan

Couples should try to agree on pet ownership so the court won’t have to get involved. Couples may have a higher chance of settling their divorce amicably if it is uncontested.

Following are some inventive approaches for transferring ownership or joint care of pets:

• The pet and its related expenses are assumed by one party.
• The pet’s ownership and all associated expenditures are divided between the ex-spouses.
• Although only one side is financially and physically in charge of the pet, both parties spend time with it.
• With a custody order, the pet will operate according to the same schedule as kids.

It’s crucial to remember that you must make plans for each pet if you have two dogs and a cat or any other combination of multiple pets. Each pet is regarded as a unique asset or liability.

Divorcing couples can settle their pet dispute during mediation. There’s a word for this settlement: petimony.

Petimony is an alimony-like payment or financial assistance provided by one spouse to the other for the support of an animal.

It differs from spousal support, which is money given during a divorce or for a certain amount of time afterward to help the former spouse maintain their marital lifestyle. Petition differs from child support in that a child has a legal claim to maintenance from their parents, whilst a pet does not.

Some courts have endorsed settlement agreements providing one party not just custody but also petimony as well.

You and your spouse don’t have to let the judge decide what will happen to the family pet. You could come to an arrangement between yourselves instead. You can do this via a prenuptial agreement before getting married or when you’re working on your divorce settlement agreement.

Therefore, even if your state doesn’t have a specific statute governing companion animals in divorce, you can still virtually circumvent it by converting your prenuptial or settlement agreement into a “pet custody” agreement.

Both you and your ex are required to abide by the provisions of these agreements because they are regarded as legally enforceable contracts.

In the end, both parties in the divorce will have to consider if their pets are worth the additional time and lawyers fees added on top of the already costly divorce case.

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

When a parent’s priorities are in sync with the best interest of the child, it is easier to see the court’s way of thinking. Your life has to make changes to accommodate your child’s best interest, so it is easier to go from supervised to unsupervised visitation in Michigan.

Click here to watch the video on How To Go From Supervised Visitation To Unsupervised Visitation In Michigan

Parenting time and custody rights can only belong to legitimate parents. Anyone who gives birth to a child is legally the child’s parent. In Michigan, you automatically become the child’s other legal parent if you are married to the parent who gives birth. Even if you are not the child’s biological father.

If you are the child’s biological father but weren’t married to the mother at the time of the child’s birth or conception, you are not the child’s legal father until you take specific actions to prove your paternity.

There are a few ways to achieve legal parent status in this circumstance. These comprise:

• [a] Registering as parents by signing an affidavit of parentage alongside the other parent (this is typically done in the hospital when the child is born) or
• [b] Obtaining a court order designating you as the biological father

The Truth About Visitation and Parenting Time In Michigan

When parents do not share a residence, the time a kid spends with each parent is referred to as parenting time in Michigan.

Under Michigan law, visitation and parenting time have the same exact meaning. The word “visitation” is archaic and more fitting for visiting a prisoner than spending time with a youngster. Parenting time, a softer and gentler term to express the frequency and length of time each parent spends with a kid pursuant to a court’s order, has recently begun to replace visitation in an effort to prevent marginalizing or demeaning a parent.

According to Michigan law, a child’s strong relationship with both parents is believed to be in their best interests, and the court must enter an order reasonably intended to support the relationship. Equal parenting time does not necessarily follow from that, though.

When one party is granted primary physical custody, that parent often receives a significant amount of parenting time, while the other parent receives less. Even though shared physical custody does not necessarily entail equal parenting time, it frequently does or comes close to it.

A Reasonable Parenting Time

With “reasonable parenting time,” parents negotiate parenting time as they go without a set timetable, as opposed to having parenting time provided for specified dates and hours. If there is a dispute regarding reasonable parenting time, you must submit a request to the judge asking him or her to decide the issue.

If you are granted particular parenting time, a schedule is in place. You might be able to come to an agreement on a parenting time schedule if you feel comfortable speaking with the other parent of your child. If the two of you are unable to come to an agreement, the court may instead establish a schedule.

Parenting Time That Is Supervised And Restricted

Parenting time under supervision and parenting time restrictions are two distinct concepts.

Supervised parenting time is when a parent is actually compelled to have their parenting time or time with the child supervised by another adult nearby.

When the court just imposes limitations on your parenting time, this is referred to as having restricted parenting time.

In such a situation, the court may order a parent to refrain from using alcohol during their parenting time, refrain from taking the child to a particular location during their parenting time, or perhaps refrain from having particular people there. If the situation warrants it, the court may impose any number of limitations on your parenting time.

This is The Guaranteed Way To Supervised Visitation For Life

In situations when the court determines spending time with the child alone is not in the child’s best interest, judges will not lean towards unsupervised visitation. The non-custodial parent will have access to the kid on a predetermined schedule at a facility authorized by the court while being supervised by an authorized third party.

In some circumstances, the judge will let the families select a supervisor from among friends or family. The house of the relative or another authorized location is where the parent and child may visit.

In order to determine a Parenting Time Order, Michigan courts will consider the evidence provided during a custody hearing. The amount of time the child will spend with each parent and how time will be spent will be determined by this sequence. Due to the following reasons, the court may order parents’ visits with their child be supervised:

• [a] The judge thinks the parent poses a kidnapping risk;
• [b] The parent’s mental illness history;
• [c] The father was just found guilty of a crime or got out of jail;
• [d] The kid asked for visits to be supervised;
• [e] A history of abuse or neglect is presented to the court;
• [f] The parent and child are utterly cut off;
• [g] Abuse of drugs or alcohol is a behavior that is widely prevalent.

The right of a noncustodial parent to spend time with a kid is taken extremely seriously by the court, and it will only limit a parent’s access to the child in special cases.

A parent might be required to submit to a drug test before seeing the child, for instance, if they have a history of using drugs or alcohol.

The use of supervised visits is not always ongoing. Before allowing unsupervised visits, judges may add requirements to the custody order the non-custodial parent must fulfill. The parent may also ask the court to conduct an official review if there are no specified requirements.

The court’s logic is very simple. All the conditions that factor in the best interest of the child always draws a favorable vote from the court. So if you want the court to continue the supervised visit forever, just do the exact opposite of best interest and you can stay out of your child’s life forever.

In some special circumstance, you may have considered an overnight supervised visitation. Is this possible? Find out in our article, “Can Supervised Visitation Be Overnight In Michigan?” for a different point of view on the matter.

Supervised, Unsupervised Ways Of Surprisingly Simple Visitation

Judges recently erred on the side of granting parents joint physical custody of their child whenever possible since scientific data repeatedly reveals doing so is more often in the child’s best interest.

However, there are some circumstances in which a parent has not yet demonstrated they have a positive influence on their impressionable youngster. This might happen when a parent and child are already estranged, when a parent is getting help for a drug problem, or when a parent has a history of abuse

In cases like these, a judge might rule a parent should only be granted visitation, with the possibility of revoking the decision to provide shared physical custody in the future.

Visitation can be divided into two categories: unsupervised and supervised. The more common of the two is unsupervised visitation.

When one parent has the right to unsupervised visitation, the other parent’s home or a previously decided-upon public location will typically be where the child is picked up and taken. A public venue for an outing or the parent’s house could be this other location. Unsupervised visitation may be subject to some predetermined restrictions for the parent who is granted it.

These restrictions may include restrictions on the days and times when the child may be taken. It can also restrict the places the youngster can be taken. If a child is young enough to be breastfeeding, there may be further limitations put on visits. If so, the parent who was granted visitation may only be permitted unsupervised visits in the mother’s house up until the child is able to eventually take a bottle.

If granted supervised visitation, a parent is only permitted to see his or her child in the company of another grownup. But anyone can’t just be that person. While a judge may occasionally let a family friend or grandmother to see such encounters, in other circumstances, the judge may insist that a court official or social worker supervise the visits.

There are three types of supervised visits, and each has specific limitations. You can be prohibited from seeing your child unless a member of your family, a close family friend, a therapist, or a government representative is also present.

The Supervised Visitation by Family/Friends

This is the choice the court makes when it determines that even though you don’t immediately pose a threat to your child, someone should nevertheless be present to keep an eye on you.

For parents who have recently been released from jail or prison on nonviolent offenses, parents in recovery from addiction, or parents with alienated children, it is the most popular option.

There are three levels of limitation available: the supervisor must live with you throughout the visit, must be present in the room with you during the visit, and must remain in visual contact with both you and the child at all times.

Visitation is Supervised by the Therapist.

This is the option the court will select if it determines you do not pose a risk to your child but you and your child require expert assistance to effectively reunite. The rules are the same as above, but the therapist will be much more involved in helping you and your child communicate and form relationships during the visit.

The Agency Supervised Visitation

For parents who the court determines to pose a physical, mental, or emotional harm to their kid, agency supervision is put into place. The guidelines are substantially stricter for agency-supervised visits.

You must wait for your child to touch you first. The parent carefully follows the child’s lead if they want to make physical contact with them. You are not permitted to speak to your child inaudibly. Everything you say must be audible to the supervisor and understandable to them in all languages.

The arrangement also prohibits writing to one another! Before giving a present to a youngster, you must have it examined and approved. Finally, you are only permitted to visit your child in a designated area pre-approved and is safe for visitors.

If you want to know more about supervised visitation, read our article, “What Are The Rules For Supervised Visitation In Michigan?” there’s a lot of rules about it.

This Is the Direct Way To Regain Unsupervised Visitation

You can work out the specifics of how to modify the Parenting Time Order so that you are no longer compelled to have supervised visits with your child. Work this out with the assistance of a family lawyer. It won’t be simple, and in certain situations, it might even be impossible. 

In general, if you’re persistent, you can regain the right to see your child without someone hovering over you.

Here’s an approach your lawyer will most likely take you.

You must submit a petition to the relevant court in order to change a child custody or visitation order. Remember that this may be referred to as a motion rather than a petition in other jurisdictions. Generally, the petition must contain the following details:

• [a] The names and residences of both parents;
• [b] A copy of the custody or visitation order currently in effect;
• [c] Your justification for your modification request; and
• [d] Proposed terms for adjustment.

You must sign the petition and submit it to the court clerk where your case is currently pending. The filing may be subject to a fee, the amount of which will vary. You must be aware of these requirements as some courts may have form petitions or request that specific forms be attached to the petition.

The other parent will need to receive a copy of the petition or have it sent to their attorney, if they have one. If you have legal representation, they can draft the petition and file it on your behalf to guarantee it is done correctly and all necessary paperwork is attached.

In most situations, the court will then set a hearing date on the petition before making a ruling. You’ll be able to support your position with proof. The hearing will also give the other parent a chance to react in writing and make their cases.

The judge will then evaluate the facts to decide if the adjustment is in your child’s best interests. Faster action and interim orders removing the child from the home may be implemented if there is a claim of child abuse in order to protect the child until the petition is considered and decided.

Keeping in mind the best interest of your child will put you in line with the court’s position. Behave accordingly, and your interaction with your child, your spouse, and the court will be proof enough to get you from supervised to unsupervised parenting time.

If you’re the parent who don’t want your ex to do visitation, we suggest reading our article,  “How Can I Deny Parenting Time In Michigan?” might help you to think about it before seriously acting on it.

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

A birth certificate is a presumption of paternity. Paternity can be challenged depending on the desire to claim paternity or refute it. Remember, whether you sign it or not has implications on you and the child. Read this before you sign one in Michigan.

Click here to watch the video on Does Signing A Birth Certificate Establish Paternity In Michigan?

Birth certificates are documents or instruments providing you access to your citizenship. It’s a document that gets you to school, it facilitates access to passports, and you need your birth certificate to get a marriage license.

When people marry, they get to have children. On the day they are born, a document certifies  presumably their birth to their parents. The document you know as a birth certificate shows the parents name, the exact time, date, and place of birth, and more importantly, it states your full name.

The birth certificate, which serves as the child’s official record of birth, is often created in the hospital where the infant is delivered. It is not employed to prove paternity.

If the woman is married at the time of conception or delivery, her husband’s name will be included as the child’s father on the birth certificate.

If the mother was not married at the time of conception, the baby’s birth, or if the mother had never been married, paternity must first be established before the father’s name can be indicated on the birth certificate.

The Simple Official Implications Of Signing A Birth Certificate

If you are the father, you’re not married to the mother, and yet you sign the birth certificate, you are admitting you are the child’s biological and legal father.

On the face of such a document, you are establishing your paternity immediately after the birth of the child. 

You are now taking legal responsibility for the child when you signed the paperwork confirming the child’s paternity. As the child’s biological father, you are therefore legally responsible for providing for the child’s needs. It does not, however, imply that you have legal rights to visitation or time-sharing obligations with the mother of the kid.

You, the unmarried father, must apply for and secure a court order defining your rights to the kid in order to have legal parenting duties, such as access and time sharing.

Here’s the other side of fathers and birth certificates. The father takes a step back and does not sign the birth certificate.

The Father Doesn’t Sign Birth Certificate, What Happens Then

There could be many different explanations for a father to take a step back and not sign the child’s certificate of birth. Maybe he does not want to embrace the legal responsibilities of being a father.

The actual father may not actually be aware of the child’s birth. You can’t locate the father or he might have passed away.

It is also very possible, the mother does not want anything to do with the father. She does not want his name appearing on the certificate.

Whatever the reasons, it is important the parties to the birth certificate know and understand what it means to leave out the father’s name in the birth certificate. The parties must realize the impact of this decision on the future and circumstances of the child.

Having your unwed father’s name on the certificate of birth, gives recognition to the legal relationship he has with the child. It obligates the father to provide financial support for the child. There could be concerns on the mother’s side in terms of the father’s access to his child.

The court can assist in determining the father’s rights. The court can define how much involvement to allow in the father’s life depending largely on what constitutes the best interests of the child.

For a U.S. citizen, not having your father sign your birth certificate during birth can have some effect in your life. You need your father’s name on your certificate of birth to:

• [a] Provide proof of your identity. A child below 18 years of age, needs a parent name indicated in the birth certificate to declare who can sign the paperwork for your passport, for signing up in school, and of course to get your birth certificate.
• [b] Your child may need the birth certificate for child support. 
• [c] Your child’s birth certificate is important for claim benefits in the event of the father’s demise.
• [d] It is a proof for claiming benefits under an insurance coverage.

The Truth About Establishing or Challenging Paternity

Paternity establishment is the legal recognition of a man as the child’s father.

Establishing paternity with married parents can be simple. When a child is born during marriage or when the mother becomes pregnant during marriage, the husband naturally is the child’s legal father.

The tricky part is when the parents are unmarried.

Paternity is established among unmarried parents in one or several ways:

• [a] The parents can complete voluntarily a form referred to as an Affidavit of Parentage. This document declares under oath that both parents agree to name the father of the child; or;
• [b] Any of the parents or a prosecuting attorney can request the court to assist in establishing paternity. In most cases, this involves genetic testing or DNA paternity testing followed by a court hearing.
• [c] Opt for legal adoption of the child.

When challenging paternity in a birth certificate, you are claiming either you are in fact not the father or the other person is not the father. 

Even if the other parent is unwilling to cooperate, either parent may approach the court for assistance in proving paternity. Paternity can be established by the court upon request by the mother or the Michigan Department of Health and Human Services (MDHHS).

The potential father may request a court hearing to establish his paternity. If parents don’t establish paternity willingly, they might be forced to go to court to do so if their children get public support.

Paternity indicated in a birth certificate can be challenged. Recent changes in the statute on revocation of paternity gives a window of a certain number of years to challenge paternity. The fact that your name may appear on the birth certificate is not the only and last thing that establishes paternity.

Seek counsel to know more about establishing or revoking paternity or you can read our article about “How Long Does A Father Have To Establish Paternity?” for a better perspective.

Another twist to this is having both parents on the birth certificate but they’re not actually married. Go read our article entitled, “What If Both Parents Are On Birth Certificate But Not Married In Michigan?” to know these things can actually happen.

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

It’s crucial to remember that ex parte orders are difficult to get in Michigan. This is because, like most people, Michigan family law attorneys favor maintaining family unity and believe in the rights of children.

Click here to watch the video on What Does Ex Parte Order Mean In Michigan?

What to anticipate if you’re a target of an ex parte order.

Your initial thought may be to become anxious if your spouse has filed an ex parte motion against you. Your first concern will be for your kids. Any parent who wants the best for their child will typically respond in this way. Find out what ex parte really means in Michigan.

The good news is that ex parte orders are rarely required in divorce situations.

Are You Sure It’s Ex Parte Order?

Latin legal jargon for “from one party” is “ex parte.” Ex Parte orders are those that are submitted to the court without a hearing or a request for the other party’s consent. An order is often made after the court has had a chance to hear from both parties. Ex Parte orders differ from regular orders in that the order is entered first and the hearing is scheduled for a different time.

Ex parte refers to improper interaction with a party or a judge in the context of legal ethics. A lawyer is often not allowed to speak with the judge or the opposing party without the other party’s attorney present as well, according to ethical guidelines. This policy is broken when improper ex parte interaction occurs.

Ex parte motions for orders are those granted in civil procedure without requiring a response from the opposing party. Typically, these are revocable decrees like a temporary restraining order only in effect while additional hearings are pending. These are orders within the context of divorce and child custody proceedings.

A court will typically be reluctant to file an ex parte motion. This is so because ex parte motions run the risk of infringing the excluded party’s right to due process because the Fifth Amendment and the Fourteenth Amendment guarantee a right to due process.

An Ex Parte order is more usually made when a divorce complaint is filed. Two Ex Parte orders are typically requested when a divorce complaint is filed: one to keep the parties’ financial condition stable and the other to stop them from transferring property while the divorce is ongoing. Ex Parte Orders may safeguard both parties from an unintentional liquidation of the marital estate during the divorce process.

These instructions essentially stipulate that neither party is allowed to act unusually during the divorce process.

An Ex Parte order is a potent tool that Michigan divorce attorneys will use to offer protection when time is of the importance.

In What Situations Can An Ex Parte Order Be Entered?

There’s always a great risk accompanying the issuance of ex parte orders. It is the reason why courts are reluctant to act on motions for ex parte orders. There is always the risk of infringing on certain individual rights. There are really very few justifications for ex parte orders.

What are the few justifications for issuing an ex parte order?

An ex parte order may be issued for a variety of reasons. Among the most typical are:

To protect a child

An ex parte order may be issued to protect a child who has experienced physical or sexual abuse. Before making a decision possibly affecting a parent’s custody rights, the court could request more proof to support the moving party’s claims.

Child abuse is of particular concern to the state and to parents in general. In a 2018 report on injury and violence in Michigan, assaults or deliberate harm are the second most common reason for hospitalization for injuries in children under the age of one. 

Homicide is the most common cause of injury-related mortality for children between the ages of 1-4, and it ranks second nationally for this age group. In Michigan, it is the third most common cause of injury-related death for children between the ages of 10 and 14 and the second most common cause of injury-related death for children under the age of one and between the ages of 5 and 9.

Other child-related situations might result in the issuance of an ex parte order. However, different jurisdictions and courts have different rules about whether actions will result in ex parte orders. 

For instance, some judges might issue an ex parte judgment in response to unpaid child support, truancy, or a refusal to abide by a recent order, while others might not.

To prevent inflicting harm to individuals (like your spouse).

A protection order for a victim of domestic violence is one of the most often issued ex parte orders. Courts all around the country are required to award ex parte orders when someone alleges they have been mistreated by a family member, domestic partner, or another individual.

This is also a particular concern especially among women considering the considerable cases of assault and stalking perpetrated on them. In Michigan, more than 25% of women claim to have had a rape at some point in their lives (this includes perpetrators who may be known or unknown to them).

According to the same survey, rape, physical abuse, and/or stalking affect roughly 42 percent of women in Michigan during the course of their lifetimes. Victims do not always seek medical attention or assistance from law enforcement.

The ex parte order is valid until the conclusion of a hearing, which frequently happens a few days or weeks after the ex parte order was issued.

To prevent significant financial harm

Another circumstance in which an ex parte order might be issued is if waiting for the conclusion of the regular proceedings could result in significant financial injury. If a party would suffer financial ruin if the court does not take immediate action, an ex parte order might be made. If a party is damaging marital property or acting in a way that could jeopardize the other party’s financial or property interests, the court may also issue an urgent order ordering them to stop.

There isn’t a form for an ex parte motion or an ex parte order to decide on child support, parenting time, or custody at the moment.

When a party cannot wait for a hearing, ex parte orders are offered to the court. For instance, if a parent pulls a child out of school to gain an advantage in a divorce case, a court is unlikely to wait until a later date to determine the case and issue an Ex Parte order compelling the child to return to school. The court would schedule the hearing for a later time so it could hear the arguments.

When a Complaint for Divorce is filed, an Ex Parte order is more frequently entered. When a divorce complaint is filed, two Ex Parte orders are frequently requested: one to maintain the parties’ financial situation and the other to prevent them from transferring property while the divorce is pending. Both parties may benefit from these Ex Parte Orders’ protection from an unintended liquidation of the marital estate throughout the divorce process.

These orders effectively state neither party may take any unusual actions while the divorce is pending.

When time is of the essence, Michigan divorce lawyers will employ an Ex Parte decree as a powerful weapon to offer protection.

Read more about Ex Parte Orders in our article, “How To Get An Emergency Temporary Custody Order In Michigan” and how it is use for protection.

How Do You Challenge An Ex Parte Order?

Because the whole point of an ex parte order is for the opposing party to take action against you without informing you or your attorney, challenging an ex parte order before it is entered can be a bit challenging. In most cases, you are only able to act on the order once you receive it. 

Now you are receiving this ex parte order because your spouse and subsequently the court are convinced you are about to act out or take the following actions justifying the order:

• Harm your child directly or indirectly, intentionally or accidentally
• You intend to leave with the children without the consent of the spouse
• Harm your spouse directly or indirectly, intentionally or accidentally
• Move, liquidate, or destroy marital assets or enter into a transaction changing the financial status quo or making your spouse impoverished.
• Any related or similar action above when consummated cannot be undone.

The only course of action is to object to the ex parte order after you have actually received it.

After receiving the ex parte order, you have 14 days to file an objection and motion if you want to contest it and amend it. Your lawyer can walk you through the forms needed to be completed to be able to set the hearings.

The friend of the court must try to settle the conflict within 14 days of receiving your objection after you’ve filed your objection and motion.

If the friend of the court is unable to mediate the conflict, the matter will be scheduled for a hearing by the friend of the court.

At the hearing, you have the option of representing yourself or hiring legal counsel. Unless specifically authorized by the court, the friend of the court office is not required to conduct an inquiry or provide a report. At this hearing, neither party is being represented by the friend of the court.

Take note, the FOC is not representing any party in this process. It is not representing you nor the opposing party.

If you’re in the receiving end of an Ex Parte Order, you may want to read our article, “How Can I Fight An Ex Parte Order In Michigan?” to get a view of how to count Ex Parte Orders.

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