Oftentimes in the course of a divorce proceeding, the dynamics of the husband and wife calls upon an action to have emergency custody of children. When such action is truly necessary, how do you go about getting the court to order temporary custody?

Click here to watch the video on How To Get An Emergency Temporary Custody Order In Michigan

The urgency of a situation or the complexity of the parents relationship may drive parents to get an emergency order of temporary custody.

What does this mean?

Your See Evil, People See Unusual, The Court Sees Nothing

Your husband takes your kid for parenting time. It’s getting late and they’re still not back. You start playing scenarios in your head. But, they’re back and they are really late. It goes on parenting time after parenting time. The same anxiousness and the same scenarios playing in your head.

You then decided to take action. You don’t want this parenting arrangement anymore. You want full custody.

When one of the parents starts the custody case, the court will ultimately be asked to give final orders regarding who gets the custody. Court custody proceedings could take the court many many months as it cycles through all the things it has to do.

These things the court needs to do are mandated by statutes governing custody determinations. But it does not mean they can’t initiate temporary orders. Temporary orders can be had by approaching the court either on an emergency basis or not.

A parent can propose temporary custody while the court is in the process of figuring out final custody.  While the child has been living with the parent during the custody proceedings, that parent can petition temporary custody.

Your lawyer can actually do that by filing a request for either an ex parte order or get the court to do something temporarily.

Your situation may be for you, desperate or what you categorize as an emergency. It may be because your ex is spending more time with your kids, your partner has a better vacation trip than you, and you don’t want the kids to enjoy too much time with you ex and the new partner.

Maybe your ex just bought a ticket to Paris and you’re afraid they may never come back. Or, you just believe the school near your ex’s new home may be too good for your child.

And all of that to you is screaming “emergency” and you got your lawyer on speed dial for a temporary custody order.

The court and the law may have a very different perspective about emergencies. Unless you convince the court of your “emergency” the court will see nothing.

The Truth About Custody Orders You Need To Think About

While in the process of seeking custody, you may hear everybody throwing around the term emergency orders and ex parte orders. You might get the impression it’s something easy to get. In reality, it’s easy to request, it’s not easy to get.

The court acts on three types of custody orders: temporary orders, ex parte orders, and final orders.

Temporary Orders

Children’s stability is supported through temporary custody orders, sometimes known as preliminary orders, while a case is in court. Parents are required to adhere to a schedule and a child support agreement up until the case is resolved with final orders.

Soon after opening a case, parents should meet with their Friend of the Court (FOC) case manager to negotiate a provisional injunction.

The case manager drafts the temporary order for the parents to sign if the terms are agreed upon. While parents must submit the interim order to the court clerk directly in some counties, the manager must file it with the court in others.

The FOC recommends a custody arrangement to the court when parents are unable to agree on interim custody. Your case manager might succeed, or a FOC custody specialist might succeed after conducting research. In either case, unless a parent files an objection, which triggers an objection hearing, the suggestion becomes a temporary order.

When they open or react to a case, parents have the option to file a motion asking for interim custody as an alternative to the FOC procedure. The court will set up a motion hearing during which parents submit evidence in support of their suggested arrangement, and a judge or domestic relations referee imposes an interim order.

Ex Parte Order

A parent can request the court to decide ex parte (without the other parent’s input) while filing for interim custody or a personal protection order.

Ex parte orders, also known as emergency orders, are widely utilized since they can be immediately issued in cases of domestic violence or child abuse.

When immediate action is required, an ex parte order may be made without the other parent’s presence. It is an emergency court order for temporary possession without a hearing in which you must demonstrate the child will suffer irreparable harm if action is delayed.

You must demonstrate your children are seriously in danger and waiting for a hearing would cause them irreparable harm in order to obtain emergency custody of your children. Understand the court operates under a different definition of the word emergency from what you might have. 

You might have the definition of your child not being returned on time as potentially an emergency situation. You might take this as a cause to seek an immediate relief from the court.

The court will not see it that way. The court will look at something as an emergency only if there’s an immediate threat to the child. If you can prove this to be the case, the court might be inclined to give you emergency relief.

If the court gets a sense your definition of emergency has to do with the other side not complying or you’re not getting along with your ex or something similar. The court may not likely determine your situation as an emergency.

It is best to talk to your lawyer about how to frame the basis for the emergency temporary custody order.

An ex parte custody order is valid until it is replaced by a final custody order, whereas an ex parte personal protection order is valid for at least 182 days.

There are two circumstances, a motion for an ex parte order necessitates a hearing:

• If the request is rejected by the court and the asking parent objects within 21 days
• If the court grants it and the opposing parent files an objection within 14 days of receiving a copy,

Both parents must appear at an ex parte objection hearing in these situations and provide testimony to a judge or domestic relations referee. You can read more about ex parte order in our article, “What Does Ex Parte Order Mean In Michigan?” if you want to know more about it.

Final Orders

An instance comes to an end with final orders. In addition to addressing any other matters in the case, they lay out a parenting plan and child support payment. In the event parents reach agreement on a parenting plan, they may also ask the court to incorporate it in the final order.

Unless the court alters the order first, a final order remains in place until the children concerned turn 18 or graduate from high school (whichever occurs later).

In a settlement, the parents collaborate to draft a final decree (also known as a consent order or consent judgment) to be presented to the judge for approval at a settlement hearing.

If the parents can’t come to an agreement, they can allow the Friend of the Court’s custody recommendation to become a binding judgment. Or, during a final custody hearing, either party may put out a final order.

So when you think about custody orders, think about the compelling reason for it. Your definition of emergency may not be as compelling as you think.

Ask your lawyer how to frame a more compelling reason for the custody order within the definition of the law and the court.

You have to understand the court works with a different set of definitions.

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.

In the American legal system, it’s crucial for parties to a dispute to be informed of the proceedings. There must be a compelling reason for one party to ignore another. By understanding the application of an ex parte order, we can better manage its effect or avoid it altogether.

Click here to watch the video on How Can I Fight An Ex Parte Order In Michigan? 

Typically, an ex parte order won’t be granted unless the case qualifies as an “emergency.” An ex parte order is often only issued when there is a chance of imminent and irreparable harm. 

What is an Ex Parte Order?

Parents can request the court to decide ex parte (without the other parent’s input) while filing for interim custody or a personal protection order.

An ex parte order is one that is made without informing the opposing party. Although only temporarily effective, they frequently offer immediate relief. They are granted when an expedient solution is required and when it is not practical to set up a normal hearing and give the other party notice.

Ex parte orders, also known as emergency orders, are frequently used in situations involving domestic violence or child abuse since they can be issued quickly.

An ex parte personal protection order remains in effect for at least 182 days, while an ex parte custody order remains in effect until it is replaced by a final custody order.

Ex parte orders are temporary orders made without providing the other spouse with notice or a chance to comment. Ex parte orders are frequently given when a divorce lawsuit is first filed. Status quo orders and/or asset injunctions are examples of common ex parte orders.

Ex parte orders may sometimes be given in cases of extreme exigency, such as when there is a concern for the possibility of one spouse leaving the nation or state with the children or when there is incidence of domestic abuse (which, in Michigan, are referred to as Personal Protection Orders).

Your spouse is served with a copy of any ex parte orders the court issues, and your spouse has 14 days to file any objections. The ex parte order remains in effect despite the filing of an objection up until the hearing. The order becomes a temporary order that is in effect until the divorce is granted if no objections are raised within 14 days.

What Benefits Come with Filing an Ex Parte Order?

An ex parte order has all the force of a court order behind it when it is issued. This enables the recipient to take action right away. For instance, the seeking party may typically get custody of the adult and take him or her to the doctor for treatment if the ex parte order is for guardianship of an adult. An ex parte order also avoids the frequently drawn-out procedure of anticipating a court order.

What Situation Will Require An Ex Parte Order?

Ex parte orders ought to be reserved for emergency situations. Judges rarely grant ex parte orders for child support, parenting time, or other matters involving children. 

Ex parte orders are only permitted when the party asking for the order can show that:

• A hearing would cause irreparable injury; or 
• Giving notice to the opposing party would induce them to act in a way that would cause irreparable harm before the judge could issue an order.

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

To safeguard a child

In an effort to safeguard a kid who is the victim of physical or sexual abuse, an ex parte order may be obtained. The court could ask for additional evidence to back up the moving party’s assertions before making such a decision that could impact a parent’s custody rights.

An ex parte order could be issued in other circumstances involving children. However, whether specific actions will result in an ex parte order varies between jurisdictions and between courts. For instance, while some judges might issue an ex parte judgment based on unpaid child support, truancy, or failure to follow a recent order, others might not.

A family law attorney can explain the prerequisites for the order and what arguments he or she may be able to make in an effort to obtain the order for people who seek to obtain an ex parte order or other order about their child.

To avoid causing personal injury

A protection order for a victim of domestic abuse is one of the most popular types of ex parte orders. Ex parte orders must be granted by courts across the nation when someone claims they have been abused by a family member, domestic partner, or other person. This order is in force up until a hearing, which often takes place a few days or weeks after the ex parte order was made.

To avoid serious financial damage

If waiting for the ordinary proceedings to be finished could cause a large amount of financial harm, there is another situation in which an ex parte order might be given. The ex parte order may be issued if a party may become impoverished if the court does not act right away. The court may also make an urgent order directing a party to cease if they are destroying marital property or acting in a way that could harm the other party’s financial or property interests.

There isn’t currently an ex parte motion form or ex parte order form available for determining custody, parenting time, or child support. 

You might wish to consult a lawyer to ensure the motion and order are completed properly because there might be some complicated documents involved in the process.

How Do You Fight An Ex Parte Order?

Ex parte orders might bring a crucial subject before a judge for a prompt decision. However, these directives frequently include some risks. The fact that the orders are issued without a thorough hearing on the merits, for instance, makes them a prime candidate for misuse.

An order of this kind may be used by a party to get around the need to notify the other party in order to prevent the other party from mounting a defense. This may result in the non-moving party’s due process rights being violated. Ex parte orders may also be used as a blatant attempt to jump the queue and avoid having to wait for a hearing with the rest of the parties.

Work with your attorney as soon as you can because there is a prescribed period for you to respond or to object to the order.

An ex parte order becomes enforceable once it has been served. It comes into effect once the court signs it. If you ignore an ex parte order entered against you and served to you, the judge may find you in contempt of court. Contempt of court penalties may include the usual fines and the all inconvenient jail time.

There are two circumstance, a motion for an ex parte order necessitates a hearing:

• If the parent who requested it files an objection within 21 days of the court’s denial.
• If the other parent objects within 14 days of being served with a copy by the requesting parent and the court allows it.

If this is a child custody case, both parents must appear at an ex parte objection hearing in these situations, and provide testimony to a judge or domestic relations referee.

You must submit an Objection to Ex Parte Order and Motion to Rescind or Modify and serve copies of it on the Friend of the Court and the opposing party within 14 days of receiving the ex parte order. You will need your lawyer to guide you through documents.

You have 14 days from the date of mailing to file your objection and serve copies if you received the ex parte order via mail (not 14 days from the time you received the order). 

You must get in touch with the court to ask for a hearing date. You will forfeit your right to protest and the ex parte order will remain in effect if you do not submit an objection within 14 days.

Remember, it is 14 days from the date of mailing.

You will have the option to discuss your objections to the order at the objection hearing.

You might want to know if you do successfully fight a PPO can you expect another? We suggest you read our article, “Can A Spouse Ask for A PPO Again If Denied In Michigan?” to know if you might be looking at another soon.

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.

A police officer approaches you, tells you a complaint was made, and you’re suddenly escorted to a police car in handcuffs. Your mind is racing and tracing your steps to understand what is happening. You are now being charged with a crime. What do you do?

Click here to watch the video on What You Should Do If You’re Criminally Charged In Michigan

A criminal charge is very very different from having police involvement in a non-criminal thing like disturbing the peace or traffic violations. A criminal case is dramatically different because at risk is your personal liberty. It’s not something to be taken lightly.

Revealing The Most Possible Scenario For People

If ever, you are in a worst case scenario of being arrested or being brought to court, here are the most likely scenarios you will face. Upon arraignment, you will be informed of the charge brought against you. This could be any of two things: A misdemeanor or a felony charge.

Misdemeanor VS Felony

The length of incarceration a person faces is the primary distinction between a misdemeanor and felony offense under Michigan law.

A misdemeanor is a crime that has a less severe punishment. A felony is a more serious offense carrying harsher punishment. 

For instance, a first or second DUI offense in Michigan is a misdemeanor punishable by up to 93 days in jail for the first offense and up to a year for the second. A felony is committed after a third DUI. Felony DUI involves a harsher penalty, with possible jail term ranging from 1 to 5 years.

Felony DUI involves a harsher penalty, with possible jail term ranging from 1 to 5 years. If you pledge to show up in court later, the police may release you if you’ve been charged with a misdemeanor.

You may also be forced to lodge money with the police as an “interim bond” to guarantee your future appearance in court. If you don’t show in court, you’ll be charged with the crime of failing to appear.

If you’ve been accused of a felony, you must appear before a judge and post bond before you are allowed to leave. The precise sum will depend on the charges you face and the circumstances surrounding your arrest. Although bail is a complex topic, your attorney will guide you through it.

A misdemeanor conviction is only grounds for a year in jail, according to the law. A misdemeanor offender will never spend time in prison, but a felony offender may receive a conviction without serving any jail or prison time.

Do jail and prison have different meanings then?

These words are frequently used interchangeably. However, the meaning behind them is completely dissimilar. The county sheriff in charge of the area oversees a jail, while the Michigan Department of Corrections is in charge of prisons. (MDOC).

The total time spent in jail cannot exceed a year. When someone is given a jail sentence, it usually entails a minimum of one year in custody and a maximum of life without the possibility of parole.

Therefore, you may understand when someone in Michigan says someone is serving “seven months in prison,” they actually mean the offender is in jail.

The Tested Process For People Charged In A Criminal Case

For someone who doesn’t go to courts as a career, and suddenly find themselves shuttled to court rooms (or jail), the experience can be quite disconcerting and downright confusing. When you do get arrested, or you get brought to court, here are some things to understand.

Arraignments

An arraignment is a brief hearing taking place before a district court judge or magistrate in Michigan. After being detained, you will be summoned to court. When you arrive, the judge will advise you of the accusations made against you and go through your legal rights. This information is contained in the “Complaint,” which is the charging document.

The prospective consequences of your conviction will also be disclosed to you by the court. You have two options when pleading guilty or not guilty to minor charges: you can say nothing, which the court will take as a “not guilty” plea. The court will schedule a date for a probable cause conference and a preliminary examination if you have been charged with a felony.

Misdemeanor Arraignments

If the defendant hasn’t retained counsel during a misdemeanor arraignment, they may request a court-appointed attorney (public defender) if they are unable to pay for one. The defendant will be able to enter a plea at the arraignment. A plea is an admission of guilt. Defendants are permitted to enter guilty, not guilty, or no contest pleas. When a defendant enters a “no contest” (also known as a “nolo contendere”) plea, they neither admit nor deny their guilt.

Additionally, defendants have the option to “stand mute,” which means they keep quiet. The judge will treat it as a plea of not guilty if this occurs. The case will be scheduled for a pretrial conference if the defendant remains silent or enters a not guilty plea.

The case will proceed to the sentencing phase if the defendant enters a plea of no contest or guilty. The judge may sentence them on the day of the plea or at a later sentencing date, depending on the offense. The probation department has time to create a pre-sentencing report while sentencing is postponed. This report will include details on the defendant’s history, the crime, and suggested sentences.

Felony Arraignments

The judge informs the defendant of their entitlement to a preliminary examination (commonly known as a “prelim”) within 14 days of the arraignment at a felony arraignment in district court. The defendant’s desire for a court-appointed attorney may also be taken into account by the judge. At this time, the defendant will not enter a plea.

The Process

The Michigan criminal justice system goes through a process that may slightly vary based on local courts or even local judges.

Here’ a quick list of steps commonly followed by the system:

Step 1: A Crime is Committed  and/or Police Notified

Step 2: Police Investigates the crime or report

Step 3: Police Makes an Arrest (or Request a Warrant)

Step 4: Warrant or A Charging Request Is Reviewed by Prosecuting Attorney

Step 5: A Warrant Is Issued

Step 6: A Suspect Is Arrested (most probably you)

Step 7: District Court Arraignment

Step 8: Trial (Jury or Bench/Judge)

Step 9: Pre-Sentencing Investigation and Report

Step 10: Sentencing

Step 11: Appeal

Your lawyer should be able to walk you through each of the steps in your first consultation meeting. Be sure to ask a handful of questions about each step and the expected outcome for each.

You’ll Need To Do This Immediately No Questions Asked

There can be so many things happening prior to you being arrested or even charged in court. The police or law enforcement agencies just can’t approach, search, and/or detain you without probable cause.

If you are stopped, and/or under suspicion for a crime.

In general, officers need a search warrant to enter any private property, search electronic devices like your phone or computer, or enter private buildings or areas. 

You are not required to let police enter your home, garage, automobile, or any other private location that isn’t accessible to the general public if they don’t have a search warrant. You ought to permit authorities to search anything stated in a warrant if they do have one. Usually, the scope of the search is set down in the warrant.

Police are permitted to search without a warrant if they are present during a crime.

Police may ask for your consent to search if they do not have a search warrant. You don’t have to provide your consent.

You can request permission to see the police while they complete their search while they are in the middle of it. Before they start, you might also inquire if you can call a lawyer. When the search is over, the police should provide you with a list of everything they keep as evidence. A copy of the search warrant or equivalent authorization paperwork should also be left behind.

When a person is stopped for driving, other laws are in effect. If police have reason to believe they will find evidence of a crime during a traffic stop, they may be entitled to search the vehicle without a warrant.

If you’re about to be arrested or are being arrested.

After you are arrested, neither the police nor the prosecution can make you answer questions. The Fifth Amendment to the United States Constitution guarantees your right to silence.

The Miranda rights, which must be read to you by the police if you are detained, most commonly read as follows: 

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”

You might hear a different version, but it should include the same rights: “If you cannot afford an attorney, one will be given for you.”

When speaking with the police or a prosecutor, you have the right to an attorney’s presence. Any declarations you make—oral or written—fall within this category. The Sixth Amendment to the United States Constitution guarantees your right to counsel.

According to Michigan law, anyone accused of a crime who requests legal representation can do so regardless of their financial situation. To have a lawyer present while being questioned by the police, you must expressly and forcefully request one.

All sorts of considerations exist when you’re first charged. And people’s natural instinct is usually counterproductive to the successful handling of the case.

Sometimes people feel like they can just go and tell their side of the story. They have this notion that if people hear what they have to say, the criminal case against them will be dismissed. 

Wrong!

The police certainly will not do that. If anything you will end up saying something putting you at the scene of the crime. Or you may be doing things difficult for your lawyer to unravel later on.

Call your lawyer!

You have to realize one thing. Just like when you start to get sick the first thing you do is  call your doctor. Call a healthcare professional.

When you are charged with a crime, the first thing you going to do is call your lawyer.

Your lawyer is going to be able to tell you exactly what you should and should not do. There are procedures all designed to protect you.

If you have a kid in trouble with the law, you may want to read our article, “What To Do If Charged as Juvenile in Michigan?” to get a perspective on what to do.

This Is What Your Lawyer Should Immediately Make

You are presumed innocent until and unless proven guilty following an arrest, but not every person charged with a crime chooses to go to trial or enter into a plea agreement. Instead, a lot of accusations are withdrawn or dismissed in Michigan courts, and the defendant is found not guilty.

Make an assessment of the charges and the process.

Understanding the charges and the legal process you are up against is crucial if you want to have your charges reduced or dismissed. Your charges and the procedure ahead of you will be outlined in the beginning, such as during a session with your criminal defense lawyer, so that you have a full understanding of the path you’re facing.

Make a decision to have the charges dropped or dismissed.

Finding out if there are good reasons to drop or dismiss your lawsuit is one of your attorney’s first goals. Dropped cases can happen for a variety of reasons, including lack of evidence and violations of the defendant’s civil and constitutional rights, as well as when police officials may not have followed proper arrest and detention procedures.

The best case scenario in Michigan entails charges being dropped or dismissed, regardless of whether you are charged with an infraction, misdemeanor, or felony. Although an innocent finding is obviously preferred, getting your charges dropped or dismissed could help you avoid spending money and time on court fees. The following are some of the most typical causes of this outcome:

• No reasonable suspicion to make the arrest
• Inaccuracies in the accusation or charging paperwork
• Unauthorized stop and search
• Key witnesses, missing or lost evidence, etc.

Additionally, even if the court finds you guilty at first, you have the right to appeal the ruling, and the appeals court may dismiss your case.

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.

Throughout your marriage, you and your partner had complete access to and control over the money in your joint accounts. Although it is permissible to empty them, the conventional rule is to withdraw no more than 50% of the money from your joint accounts prior to divorce.

Click here to watch the video on Should I Empty My Bank Account If I Know I’ll File For Divorce In Michigan?

When you’re getting divorce often the question becomes, should you empty out your bank account in anticipation of the divorce?

What’s the theory? 

The theory is if you empty out the bank account you won’t have to split it with your spouse.

That thinking is extremely misguided.

The Truth About Separate And Marital Properties Of People

Societies have evolving views about marriage and the concept of community in managing marital resources. Today’s generation is no different.

A recent Morning Consult research revealed millennial couples are more likely to have separate bank accounts. The poll’s findings showed that 40% of millennials, or people aged 23 to 38, said they have a separate bank account from their partner or spouse.

No other generation has such a high percentage of individuals who maintain a separate account from their partner. In actuality, only 31% of Gen Zers between the ages of 18 and 22 and 35% of Gen Xers between the ages of 39 and 54 have separate accounts. Of all age groups, boomers, or those between the ages of 55 and 73, were the least likely to say they keep separate accounts.

Couples in the millennial generation are more inclined to keep separate accounts for a variety of reasons.

The Great Recession, which many millennials experienced as children, may have made them more careful with money matters. Many of them are also the offspring of divorced boomers, and they could be leery of becoming too dependent on a partner’s financial security.

Since millennials marry less frequently than older generations do, they might not be as prepared to merge their finances or be as dedicated to doing so. Additionally, a lot of people have significant student loan debt when they first start dating, which may make them hesitant to combine their finances with their partners.

This trend may continue for several generations more.

The Pitfall Of Love Withdrawing Everything From The Bank

If you empty out your bank account and then two years later there’s a divorce nobody will complain.

If you empty out your bank account and the next day or the next week or in the next month you file for divorce. There will be consequences. There will be a request for an accounting as to where the money went.

It will be very obvious the account was cleared out. In all likelihood, expect to be required to either put that money back or at least put half of it back. Half of it belongs to your spouse. So it’s probably not a great idea to clean out your bank account.

It might make sense to empty out at least your portion of it and put it in a safe place. If you take 100 percent of the proceeds and you hide it, you’re going to have some difficult answers the court is going to ask of you. 

There will probably be serious repercussions if one spouse completely drains a joint bank account, particularly if this is done with the intentional aim of depriving the other spouse of it and/or in disobedience of a judge’s orders. The court is likely to punish the behavior with fines or a mandate to pay the opposing side’s legal bills in addition to offsetting this sum in the remaining asset and debt split.

For instance, if a wife withdraws $35,000 from a joint savings account a week before filing for divorce, the court may require her to pay her ex’s legal costs as well as give her ex-spouse the $35,000 in property that would have been his if she hadn’t done so.

You might have asked for and obtained an ex parte order to maintain the status quo of your joint accounts after you or your spouse filed for divorce. This order prohibits you and your spouse from taking any withdrawals from them, other than those required for living expenses. Keep in mind state courts normally will not send this order to the financial institutions where your accounts are held.

If you (or your spouse) continued to abuse them after the order was made, you risked being charged with contempt of court. In addition to replacing the lost money, you can also be required to pay your spouse’s legal expenses and a penalty.

It is doubtful Michigan courts will excuse your actions if you depleted your bank accounts. Your punishments will be proportionate to how serious your actions were. You can be required to return your spouse’s portion of the funds or exchange it for something of equivalent value from you.

Your divorce settlement could also suffer from the following:

• Demand you pay monthly alimony payments in order to make up the missing funds (or reduce the alimony award you might have otherwise received)
• Give your spouse a larger share of your assets than you had anticipated.
• Want you to contribute to some of your spouse’s expenses (lawyers, forensic accountants, investigators, expert witnesses, etc.)
• Apply costly sanctions

For this reason, if you have concerns about when you can take money from a joint account after a divorce, it’s crucial to speak with a divorce lawyer. It’s better to do the talk before, not after you withdraw the funds.

When Love Becomes Surprisingly Practical

Yes, you may need the money to protect yourself in the event of a divorce. You just can’t ignore and make a unilateral decision about your joint accounts. Your fear or apprehension about your funds is not unique to you. It is a worry to all types of couples regardless of generation.

Nowadays, millennials we mentioned, tend to share the concept of keeping their finances separate.

The benefits of keeping it separate.

There are undoubtedly benefits to keeping separate bank accounts, such as more freedom to make purchases without consulting a spouse first.

Couples who keep their finances separate may dispute less over money since each person can make the purchases they want. In the event of a split, having these distinct accounts may also make it simpler to share assets. Additionally, since they each have their own accounts, young people are less likely to worry about getting stuck in a partnership due to financial reliance.

The downside of keeping it separate.

Unfortunately, there are drawbacks millennials and other people who keep separate accounts must take into account. For instance, it could be more challenging to achieve shared financial objectives. Separate accounts can increase the likelihood of financial infidelity since it’s simpler for one person to conceal purchases their partners wouldn’t approve of and behave less responsibly. They can also produce more arguments about how spending should be divided.

Anyone in a committed relationship should keep in mind that their partner’s financial decisions will have an impact on them as well, especially when it comes time to start a family or make significant joint purchases like a home.

Expect the best of marriage but prepare for the worst.

In the most likely event of a divorce or if you do anticipate a divorce becoming part of your future, it is best to take the steps now to prepare for that future. Here are some advice to make practical preparations for the future

Establish financial independence from your spouse once you start the divorce process by opening separate bank accounts. It’s time to open your own bank account now you realize there are costs associated with divorce and that you might be looking for a new place to reside. This will give you financial autonomy and guarantee. You have the means to support yourself after the divorce.

Prior to finalizing your divorce, it is advisable to have a few months’ worth of salary saved up in a personal account. To avoid charges you are hiding marital assets, be sure to tell your other half about the personal account and the money you are putting in.

Despite the fact most divorces are quite amicable, some can get tense, and a spouse may try to damage their former partner’s assets or credit. You should take the required steps to safeguard your finances if you suspect your partner may start using joint accounts to make purchases or wasting marital money.

Remove yourself or your partner from shared credit card accounts, or make sure that both of you sign for purchases. If you and your spouse continue to receive mail at the same address, you might want to think about setting up a post office box to make sure your spouse cannot access your personal financial records.

Be prepared to battle for spousal support if necessary. For example, if you were a stay-at-home parent during your marriage, did not work full-time, or earn less than your spouse, you may be entitled to spousal support. The court will have to take into account a variety of factors when deciding whether to award support and how much support will be given if you and your husband are unable to agree on spousal support payments.

Prepare to talk about your needs, your quality of living during the marriage, and the reasons for the divorce. Sadly, a lot of people have difficulty getting their full spousal support payments, even after a court ruling. To find out your possibilities for enforcing a spousal support order, you might need to talk to your lawyer.

If you’re think of clearing the house instead of the bank, you may want to read up about “What Can I Do If My Ex Left & Took Everything In Our Home” to get a perspective about consequences.

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.

Grandparents have special bonds with grandchildren and oftentimes have no problem asking children to go with them. It can be disturbing if grandparents take children without parental consent. Parents can take action and in doing so affect so many lives, most specially children’s.

Click here to watch the video on Initiating A Custody Case When A Grandparent Fled Michigan With The Child

Authorities receive about a quarter of a million reports of kidnapping occurrences each year. Numerous of these are brief, minor occurrences frequently including misconceptions or disputes over custody.

Half of all reported abductions in the United States involve family members. When compared to other kidnapping offenses, family abduction often involves parents and has a much higher proportion of female perpetrators.

Family abductions, which most typically target children under the age of 6, frequently take place in the midst of contentious divorces or child custody disputes between parents.

However, some parental abductions can go on for a long time and affect both the children and the parents from whose care the child was taken unlawfully. Children who are transported from the United States to foreign countries, where American laws and even international agreements are ineffective or challenging to implement, are the most challenging situations of this kind.

Since the child might be reluctant to leave the abductor and other family members might be complicit in covering up and supporting the abducting parent, family abductions provide special challenges for law enforcement.

A missing or abducted child frequently has physical or mental impairments, which can make it more challenging to locate and return the youngster. A child with developmental disabilities could find it challenging to express their wants, identity, or address to others. The youngster may be in more danger as a result of this.

These kids are especially prone to kidnapping, and if they become missing it could be more difficult to find them and get them back to their parents.

Physical impairments can also make it more challenging to find missing children, bring them home, and offer the essential medical attention and treatment. Special training is provided to law enforcement organizations in managing instances involving missing or abducted children who have physical or mental problems.

So it is no wonder, the concern about children being taken by grandparents are a specially delicate matter to discuss in child custody cases.

Let’s try to put things in perspective. Yes, taking custody of a child without the parents consent can be bad. By legal definition it is, and ordinarily it is very disturbing to the parents who will have to worry about their children’s safety and well-being.

But we also need to see this from the grandparents perspective. We have to get in the context of a grandparent who desires to have some time with their grandchildren. They may actually have been dreaming of having them even before their parents did.

The Awesome & Powerful Role Grandparents Play In Uplifting Lives

More than 70% of grandparents who participated in a survey sponsored by the American Association of Retired Persons or AARP, said they valued becoming grandparents. Many people reported that staying in touch with their grandchildren provided the necessary psychological and emotional support. 

It can be difficult to be cut off from the happiness brought on by a bond with a grandchild.

According to research, 43% of grandparents claim they travel more than 200 miles to visit the grandchild who is closest to them. Travel time is not the only difficulty in participating in a grandchild’s life. Conflicts within families, rivalries, and even religious differences can have an effect.

Imagine that distance just to see a grandchild. Can you imagine anyone else in your life who will go literally the distance?

Grandparents have a profound impact on young children’s development. Such an impact differs from that of a parent-child relationship, so it is crucial to promote this bond in ways both accessible and secure for everyone involved.

Grandparents are not simply a source of knowledge for young children; they also frequently impart enduring family customs and aid in forming ideas of positive family relations.

It has become crucial for grandparents to consult their adult children and be aware of their parenting philosophies as things change in our world. The connection between grandparents and parents should include communication and respect. But keep in mind that some things will never alter, such as the significance of grandparents and their love for their grandkids.

Now Imagine this. Get into the shoes of your parents who are separated from their grandkids all of a sudden. One weekend, and they’re gone.

Your grown children relocate several miles away. With the wife of your son, you disagree. Your daughter doesn’t appreciate your advice on how to rear her kids. Whatever the circumstances, the grandparents suddenly find themselves cut off from their grandchildren’s lives and dealing with all the associated emotions.

Estrangement Can Bring Grandparents To Their Absolutely Lowest Being

Imagine a  situation either forbids grandparents from seeing or speaking to their grandchildren, or forbids grandchildren from doing so.

In addition, there is a great deal of despair, rage, hurt, heartache, loneliness, and isolation by the distance drawing the grandparents and grandchildren apart.

Grandparent estrangement can result from physical, mental, and emotional separation from grandkids.

Separation from grandchildren can occur accidentally, for example, if they live far away and it is difficult or expensive for them to visit there.

Other instances, which can be even more painful for grandparents, is when parents make the conscious decision to keep their child away from one or more grandparents.

Whatever the reasons, separations frequently result in a rift between all parties. This uncommon experience of grandparents is referred to as estrangement.

Grandparent estrangement can result from physical, mental, and emotional separation from grandkids. Grandparent estrangement is a circumstance in which grandparents are forbidden from seeing or spending time with their grandchildren. 

Grandparents experience a sense of loss arising when relationships deteriorate in a grandparent’s life. Grief commonly accompanies this sense of loss. The grief felt is associated with the loss of the future and the excitement imagined with a grandchild.

So grandparents have this estrangement going on in their lives. Then they hear things about their grandchildren.

They hear things like:

Your marriage isn’t going well. Divorce is coming up in the conversation.

You’re actually divorce and the grandparent starts worrying about who the kids are with at the moment.

You died in a freak road accident and nobody’s telling anybody what happened.

You have legal custody of their grandchild while the other siblings are with your spouse (the spouse they hate).

Or, you aren’t taking care of their grandchildren and you’re starting to be an alcoholic or drug addict or something even worse.

Or they just remembered they really hate you and they don’t want their grandchildren to grow up just like you.

And guess what, they start thinking of taking matters into their own hands. Yes, like literally taking your kids in their hands and taking them somewhere far from Michigan. And they didn’t call. They didn’t text. Didn’t message you on Facebook.

They’re just gone with the kids. What are you going to do?

You’re Going To Hate Yourself For These Colossal Thing

Now what will a concerned parent do? Naturally you’re calling your parents if you suspect it’s them who took your kids.

Then you’ll call the police. If you already have pre-existing custody issues with your parents, you will be calling your lawyer.

It’s about to turn colossal for everyone. It’s a life changing moment for all. 

It’s colossal for you because you just reclassified your parents to Super Kidnapper Grandparents. They’re making it to the morning or evening news depending on what state lines they cross. If you’re feeling guilty, then it just made it even more colossal for you.

It’s colossal for them because they’re now fugitives being chased by every law enforcement officer in every jurisdiction. Just imagine them in cuffs trudging to court in brightly colored uniforms escorted by police.

It’s colossal for your kids who will see their grandparents’ faces plastered in every news just after the advertisement on children’s morning cereals. Or, probably in the morning cereal box itself.

Once this is out, we’re really not talking about a custody case against grandparents. We’re talking about kidnapping. The other side of the scale is interference. The minimum charges will be interference with child custody. Do you know it is actually a crime in Michigan?

Grandparents could get jail sentences for this.

A minor’s adoptive or biological parent is prohibited by state law from removing or keeping custody of the child from a custodial parent or guardian. Three essential components make up interfering with child custody.

• The duration of time must be longer than 24 hours; 
• There must be a desire to keep the kid away from the parent with custody; and 
• There must be a valid court order governing custody or parenting time rights.

Officially, interference is defined as any action that contravenes a custody and visitation order as well as state legislation. A 24-hour detention term isn’t the sole consideration, though.

For instance, it may be considered an interference with child custody arrangements and lead to civil enforcement if your spouse regularly drops off or picks up your child beyond a set hour on a school night. Any action that prevents you from spending time with your child can be illegal or a breach of a court order.

Remember, this is your parents we’re talking about here. Or, your spouse’s parents. The grandparents of your kids. If parents can be accused of interference how much more grandparents.

If you hate your parents or your spouses. It may be satisfying on your part to see them walking in cuffs and chains. But if you love them just as much as any kid would love their grandparents, you’re in a really bad place.

You’re going to hate yourself.

Initiating a custody case against grandparents may not really be a thing. For one, you will most likely not see your parents having custody of your kids. Grandparents don’t exactly have much grounds for taking custody of their grandkids. Even with the very narrow window the law provides, it is very hard to invoke even with cause.

Under the law grandparents do actually have certain rights in terms of having access to your kids. It’s called grandparenting time.

There Is Limited and Uncommonly Thing As Grandparenting Time

If you are going through a divorce with your spouse and have concerns about grandparents’ rights in relation to custody disputes or you are a grandparent yourself and are worried about how and when you will be able to see your grandchildren, it is important to understand grandparents’ rights in Michigan child custody cases. 

However, anyone interested in a child custody battle should be aware that grandparents do not have the same legal powers as parents.

Grandparenting Time

In some circumstances, a grandmother may be permitted to request visitation (also known as grandparenting time) under Michigan law.

In cases involving child custody, Michigan courts now refer to parental rights and opportunities for time with children as “parenting time” rather than “visitation.”

Similar to other states, Michigan’s grandparents’ rights allow a child’s grandparent to ask for “grandparenting time” if one or more of the following legal requirements hold true:

• The parents are involved in a divorce, separate maintenance, or annulment proceeding.
• Parents may already be divorced, their marriage may have been dissolved, or they may be living apart due to a different maintenance order.
• The grandmother is the child’s deceased parent’s parent, and one of the child’s parents has passed away.
• Paternity has been established despite the fact that the parents are not now cohabitating and were never wed.
• Paternity has been established despite the fact that the parents are not now cohabitating and were never wed.
• The child does not reside with one of the parents and has legal custody of someone other than the child’s parent(s).
• The grandparent who is requesting visitation or grandparenting time “developed an established custodial environment for the kid” the year before.

Grandparent Time Levels

If grandparents are allowed to visit, the type of visitation they receive will depend on things like:

• Preferences of the child
• Emotional connections and affection between the grandparent and the child
• Grandparents’ influence on a child’s life
• The nature and duration of a grandparent-grandchild connection
• The grandparent’s physical and mental well-being
• Negative interactions between grandparents and parents
• A background of abuse
• Grandparent’s moral standing
• Grandparents’ readiness to promote a positive child-parent relationship

This is the reason why it is highly unlikely a parent is going to get into a custody case with their own parents for the grandkids. It is already too taxing for a grandparent to get grandparenting time, so child custody is really too high a level for them to pursue.

Useful Advice So You Never Get To The Colossal Thing

Your parents, the grandparents of your kids may have been compelled to take your child. They could have their reasons. Some of those reasons may be you or your spouse. You may be ignoring the role of your parents in your children’s lives.

There’s a way so you never get to be in that place, of making a colossal decision altering so many lives.

Take a look at your goals. Discuss your expectations for your parents’ or your spouse’s parents’ involvement in your child’s life in advance. Include your in-laws if you have to, and there could be a lot of them right there.

Grandparents may have expectations regarding how much time they’ll spend with the grandchildren. These expectations may not coincide with those of the new parents. Get your points across clearly before the baby arrives to prevent tedious and embarrassing arguments later on.

Maintain regular contact with your parents.

New grandparents may become anxious if they don’t understand what’s happening. Keep in mind that they are just as concerned about the new family member as you are. Inform them about their new grandchild when you call them frequently.

If unannounced grandpa visits make you anxious or uncomfortable, get your dad a cell phone so he won’t have an excuse not to call. Teach the new grandma how to use Skype or Facebook Messenger.  She may watch the baby’s adorable face and coo and babble all she wants since it’s free!

Be adaptable. If you can’t slightly bend the rules while being a nana, where is the pleasure in that? Try not to overreact if you forbid sweets and subsequently learn that granny occasionally sneaks your child a biscuit.

Find a middle ground because, as you know, your parents’ been waiting for a grandchild to spoil. And may have for a time now.  Your mom will get to treat your child while avoiding a significant sugar high and subsequent collapse if you compromise with strawberries dipped in a little sugar.

Although they could have different views on parenting, your parents still care about and want the best for their grandchild. 

New parents need to go above and beyond to express their gratitude to their own parents. Show your appreciation if your parents instruct you on anything helpful. When you admit that your parents are correct, they are considerably less likely to be critical of you.

Establish limits. Good grandparents have clear boundaries. Prior to establishing any house rules, discuss expectations. Create some specific instructions and be sure to convey them in a positive way if there is opposition to these strict house rules. 

Your parents have likely been there and will accept your wishes; alone time is essential for establishing new family ties.

We constantly hear this as new parents. We rarely understand how hard our own parents had to work until we have children of our own. Your entire family can come closer together when there is recognition and respect for one another.

If ever, you have to disagree with your parents, and legal action must be taken, hopefully it will be the last resort. Talk to your lawyer before taking on these challenges on your own.

Consequences may not be reversible so take a course of action under the advice of your lawyer.

You really need a lawyer who not only gives you the technical wisdom to get you through but also believes in taking care of family within the bounds of family law.

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.

Divorce often goes through a property buyout. How is property buyout done? Is it the only option available to spouses in going about property distribution?

Click here to watch the video on How Is Property Buyout Calculated During Divorce

Even before you can count anything, assess its value, or confirm if it’s a marital asset, you have to know what they are.

To know what to include in the marital property inventory, you need to understand what constitutes marital property and separate property.

Informative Words You Need To Know Before Buyout

Before you even go to the whole process you call buyout, there’s certain concepts or keywords, spouses need to walk through to start considering what they need to include in the talk about marital assets.

Marital Assets

Marital assets in the context of divorce have been extensively discussed on this website. Any assets accumulated during the marriage are regarded as divisible marital property. Property that is susceptible to equitable distribution may include things like real estate, vehicles, bank accounts, investments, and company interests. 

Be mindful that this applies to assets acquired during the marriage by either spouse, even if they aren’t acquired until after a divorce decree. For instance, even if you file for divorce or you are now truly divorced, before the bonus or commission is paid out, the bonus will be regarded as marital property if you earn it while you are married. It really makes no difference which spouse actually earns the asset.

Let’s assume only one spouse’s wages during the marriage are associated with a savings or retirement account. The savings or retirement account is still regarded as marital property by the law.

You might ask, what about the other assets?

The other assets you’re referring to are those currently not within the definition of marital assets. 

You’re referring to separate assets.

Separate Assets

Now those assets earned prior to marriage or through inheritance are regarded as the parties’ separate property. They are typically not divided during a divorce.

If you receive a financial inheritance from your parents while you are married, it remains your own property. A present and any property you brought into the marriage are treated the same way. 

There are instances however, demonstrating this may not always be true.

When spouses mix their separate property with their marital property, an exception occurs. Therefore, it’s possible a court will determine everything in that account is marital property if you receive money as a gift or as an inheritance, and deposited it in a joint bank account where money is coming in and going out during the marriage.

If the other spouse ever makes a contribution to the separate property, that is another exemption. In that case, the spouse who contributed might be eligible for a share of the asset.

Consider a scenario in which one spouse owned a home before getting married and never gave the other spouse an interest in it. However, during their marriage, the couple split the cost of home improvements. After that, the non-owner spouse can be qualified for a share of the gain in the home’s worth that can be attributed to the modifications.

The date of purchase or acquisition is a crucial detail to establish when evaluating if something is separate property. 

As an illustration, if one partner wished to claim an automobile as separate property, they would need to show evidence of the date they purchased the car as well as the date of their marriage. The car qualifies as a party’s separate property as long as it was acquired and paid for prior to the date of their marriage, and no significant upgrades were made or incurred during the marriage.

You Need To Know Debts Then The Bottom Line

You cannot approximate the true net worth of your marital assets if you don’t factor in the debts the marriage has accumulated. Modern life makes it almost impossible for marriage to last without debts when you have to acquire what you need like education, home, and equity for business.

Usually, the debt associated with a piece of property is assumed by the recipient. The property may occasionally remain in the possession of the individual who can afford to pay the obligation associated with it.

Debts incurred by one spouse before marriage are considered separate debts. All debts incurred during a marriage are, in general, considered marital debts.  Whoever made the purchase and whose credit card was used are irrelevant.

To this rule, there are some exceptions.

Gambling debts, extramarital affair debts, and debts for restitution in legal proceedings are typically not considered marital debt. To get your education, you probably got a loan.

If student loans taken out during a marriage were exclusively utilized for one spouse’s schooling, they are considered distinct debt. However, student loans can be considered marital debt if they were utilized to maintain the family.

Here’s a caveat:

Your creditors are not subject to the jurisdiction of the judge overseeing your divorce. You owe money to your creditors. Each debt may be assigned to either you or your spouse by your divorce judgment. Creditors might still view debts that are in both of your names as joint debt, though.

It is crucial that the divorce judgment includes a list of any debts that are in both of your names. So that the other spouse can have the judge enforce the order if the individual ordered to pay the debt doesn’t. You can file a motion requesting the judge to require your spouse to pay you back if you wind up paying a debt that was assigned to your spouse.

Revealing Is Eye-Opening, You Need To Know Your Assets, What It’s Worth

The value of the property must be known by the court in order to properly distribute it in a fair and equitable manner. Generally, it can be quite simple with some assets, like a bank account. 

With some assets, you’ll usually need to consult an expert, such as a business or real estate appraiser, while dealing with others like assessing the value of a professional practice.

A house you acquired together is supposedly fairly easy to see as a marital asset and peg a dollar value to it. You both decide to sell it and the court orders the proceeds divided equally 50-50 then both of you go your merry (or probably not so merry) ways.

The truth is in most cases it can be a bit complicated. 

The marital house can be difficult to divide. The couple deciding to sell the home and divide the proceeds is the simplest solution to the problem. If only one spouse chooses to go that way, they must ask the judge to make the order.

There is never an assurance the judge will act in that way, though.

Minor children present can also make things more difficult. The parent who has primary residential custody of the children may frequently desire to remain in the marital residence in order to prevent uprooting the children.

If the couple is unable to agree on what should be done with the house, the court will make the decision, once again based on what they believe is most equitable for all parties.

If dealing with the house is just as interesting, consider having a business or a professional practice (add the fact you’re working with your spouse in the practice).

Being amiable can occasionally feel elusive or unreachable when one spouse has worked for the family business for a long time. Perhaps the person’s siblings own stock in the company or their parents are still running it.

Every additional party in the ownership mix, has a unique set of emotions and ideas, which can lead to extremely challenging circumstances.

When a company appears to be worth a lot of money, one spouse may try to convince the other that it actually has negative equity.

Businesses commonly require specialized equipment, which typically depreciates over time. Expensive technology depreciates even faster. Arguments that equipment is still used in regular business operations even though it has no documented value are common in divorce disputes.

Another common point of contention is retirement.

When retirement accounts are being divided before their pay-out period, evaluating them might be particularly difficult. In those circumstances, you’ll need to figure out the account’s current worth, which almost certainly calls for an actuary’s help.

What is the common practice of determining the value of your assets?

The help of professionals who specialized in the valuation of assets can aid in determining the value of marital assets. Doing a valuation of a business enterprise can be daunting if one of the assets is company ownership.

Before beginning an appraisal, business valuation professionals must establish a standard of worth. A set of assumed circumstances under which the company will be appraised constitutes a standard of value. There are two generally accepted standards for business valuations in divorce cases: fair market value and fair value.

It is merely guessing to divide assets when one does not actually know their entire value. There are three main approaches to business valuation that are frequently used in Michigan divorce disputes.

• Value in books. This method does not take into account intrinsic worth, such as brand recognition, and instead only looks at a company’s assets less depreciation.
• Market price. This is a rough estimate of the price an investor may pay to buy the company. This strategy typically yields a greater corporate valuation.
• Going-concern assessment. This method contains intrinsic value and assigns a value to the company based on its ongoing operations.

The approaches above in knowing your assets and determining of value merely helps in determining a number to talk about when dividing assets. In reality, the emotional investment of both parties in this asset may be incalculable. These valuation approaches are the closest you can get to the concept of fair distribution.

Important Opportunities Better Than A Simple Buyout Offer

You don’t really have to choose buyout to resolve your asset distribution. There are other options you can take. Talk to your attorney about this. Your attorney might just have another way to approach the question of fair distribution.

In the case with the marital home. There could be so much drama and emotion invested in it. You may have to be creative in choosing an alternative to a buyout. 

There are several methods to approach this.

The spouse who wants to stay in the home may be able to purchase the other spouse’s equity if there are sufficient joint assets available. To balance things out, one spouse gets to keep the house while the other gets to keep more of the other assets. Refinancing the house, if possible, and using the money from the refinance to pay the other spouse is another way for a spouse to purchase the other’s interest.

A very typical alternative is for the couple to decide to maintain the house in both names while one of them lives there, but only until a specific date, such when the youngest child starts or finishes college. The house will then be sold, and the couple will split the money. The spouse who is currently residing in the home is normally in charge of covering its expenses at this time.

As to the retirement, maybe another approach might make sense to both parties.

The portion of a pension or retirement plan that was acquired during a marriage is typically considered marital property. The non-employee spouse is entitled to a portion of their spouse’s pension or retirement plan in the event of divorce. 

Sometimes parties agree to preserve their respective pensions or retirement plans and not divide them. Giving the non-employee spouse additional assets equal to half of the retirement benefit accumulated by their spouse during the marriage is another option.

In the end, both spouses must come to an agreement even before they appear before a judge. Even better if they get to do it before they talk to their respective lawyers.

The judge will make the decision if you and your spouse are unable to agree on how to divide your possessions. According to Michigan law, courts must divide property fairly. 

Generally speaking, fair means everyone gets to receive roughly half of everything. But in other circumstances, a judge might rule that dividing marital property differently is reasonable.

If one spouse was more responsible for the breakdown of the marriage or if one spouse required more property, your property may be distributed unequally. In some cases, one spouse gains greater marital assets while also accruing more marital debt.

You need to work with your lawyer to define what your goals are in the process.

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.

Autism Spectrum Disorder or ASD is the medical term for autism. There is much we still need to know about it. It is very difficult but not impossible to live with. Even more challenging is having to live with it through a divorce and a child custody case.

Click here to watch the video on Handling A Custody Case That Involves An Autistic Child In Michigan

In a normal child custody case, the parents can engage in a tug-of-war in physical and sole custody. With custody involving a child with ASD, parents will have to be less adversarial, more interest-oriented, and embrace the uncommon commitment to invest in the best interest of the child.

The Truth About Child Autism People Should Know

According to the Centers for Disease Control and Prevention (CDC), ASD has been diagnosed in 1 in 68 children in different regions around the United States. You’re talking about 14.7 children per 1,000 eight-year-olds.

This latest estimate is nearly 30% higher than earlier estimates from 2012, which indicated that 1 in 88 kids, meaning 11.3 children per 1,000 eight-year-olds had an ASD.

The study also demonstrates that, despite the fact ASD can be identified as early as age 2, the majority of children with it are diagnosed beyond the age of 4. Increase the percentage of young children with ASD and other developmental delays who are promptly assessed, diagnosed, and enrolled in early intervention services, according to Healthy People 2020, the country’s 10-year health goals.

Children with autism have a wide range of intellectual abilities, from severe intellectual problems to ordinary or above average intelligence. The study indicated that compared to a third of children ten years ago, nearly half of children classified with ASD have average or above average intellectual abilities (with IQ above 85).

Since there is no specific medical test for the diagnosis of ASD, such as a blood test, it might be challenging to make the diagnosis. In order to determine a diagnosis, doctors consider the child’s behavior and developmental history.

ASD can occasionally be identified in children as young as 18 months. Current knowledge and practice indicates at the age of 2, a qualified professional’s diagnosis can already be trusted.

In many of these cases, kids don’t get a definitive diagnosis until they’re much older. Some patients don’t receive a diagnosis until they are teenagers or adults. People with ASD may not receive the early assistance they require as a result of this delay.

The Important Implications of Autism That Will Really Impact Child Custody

Most often the care of children with ASD are left with women. A research examining the lived experiences of female primary carers of children with ASD revealed the cost of care is not primarily monetary.

Results of the study showed, a child’s diagnosis with ASD has an impact on every family member inside the family unit, as shown by the expenses provided by moms. The sub themes of the study were developed from the theme of costs: financial and employment costs, costs to family health, social costs, and costs to family life as a whole. The findings of this study demonstrate the difficulties involved in raising a child with ASD.

Individually, parents will have to reflect on what it means to live with a child with ASD. They would have to answer the same questions courts will have to sort through. The parents involved must use an “interest approach” to working with each other to reach an agreement as to how to go about taking care of their child.

When deciding together the residency of the child, the best interest of the child should be in the center of discussions and negotiations.

A special needs child’s residence is decided in part by a number of variables, and determined by a series of probing questions:

• Since the child’s impairment was discovered, who among the parents has been the main caregiver?
• Has the youngster formed a bond with one parent in particular?
• How has each parent reacted to the diagnosis of the child? Some parents might not be capable of providing long-term care for a child with special needs.
• How supportive of the child’s treatment has each parent been?
• What is the everyday routine for each parent? Children with special needs frequently miss school and take more sick days than normal kids.

Mammoth Challenges You Need To Know About ASD

Child support

We’ve come to expect child care expenses when we marry. It’s been part of married lives. If you’re one of those who have discovered ASD early in your child, you know there are additional expenses on top of what you have already accepted as your normal budget.

When family members or other caregivers worry that a child is not progressing along the expected developmental path, they seek advice from specialists, such as psychologists, educators, and medical professionals for a diagnosis.

Children with ASD are children with special needs. It requires special medical care in the diagnosis, treatment care, and even education. 

The diagnosis of autism may become more difficult if some persons with autism initially seem to have an intellectual handicap, sensory processing disorders, or difficulty with hearing or vision.

The process of discovering the possibility of ASD already entails cost. If you’re one of the lucky ones to avail of state services, make sure you use it expeditiously.

When families receive several diagnoses, it can be perplexing for them. These disorders can co-occur with autism. However, it is crucial to recognize autism since a precise and prompt diagnosis of the disorder can serve as the foundation for the delivery of supportive services at home and in the classroom.

Discovery of ASD is not really straightforward because certain disorders do co-occur and it stretches resources.

A medical diagnosis and an educational determination, or school evaluation, of a handicap, differ significantly in many ways. All of these entails costs and should be considered in negotiating child support.

Parenting time

One of the major concerns for parents going through a divorce or separation is this. Change of routine is extremely challenging for many kids on the autism spectrum. Make sure your youngster is ready for the transition, just as you would with any other, and whenever feasible, utilize visuals.

You need to see what your child sees and this could be very literal with ASD. The child’s room in each of the parents’ houses may have to literally be almost identical. Stability in this respect ensures a sense of normalcy for the child.

With your child’s ASD, juggling your time in parenting time will not be the only challenge you will have to embrace. The quality of the moments with your child takes a lot of planning, structure, and creativity. Forget commitment because it’s now a given with ASD child care.

Alimony

Discussions about spousal support will be crucial in extending child support for children with ASD. If there was early diagnosis, parents involved would have already known the tremendous amount of commitment not only in time but money in the care of children with ASD. Costs are not just monetary but it is the easiest to determine when it comes to approximating the degree of commitment required from both parents.

Parents must factor in the cost of not just the direct costs but costs related to managing the stress for both parents, the structured parenting time required, the special environment to be created at home in both households, the mobility issues, communication issues, the cost of educating themselves, school, therapy, and the checklists will have few more etcetera in every tick box.

In looking at your alimony package, you need to anticipate how you are going to fund the quality of life of your child after the child turns 18. Parents must check with their lawyer if certain state statutes prescribe certain forms of assistance for ASD.

Child mental health

Your child could benefit from counseling to aid in adjusting to the changes brought on by separation and divorce, depending on their age and cognitive ability. You might wish to seek assistance from your child’s school or a private psychologist or other counselor. The mental/behavioral health system may also offer counseling. This will mean serious planning of parenting time and will come at a cost.

Michigan may have some programs that may apply to your situation, specially when child gets to be 18 years old.

A post-18 year old life for a child with ASD can be plagued with child support challenges whether such support is coming from the parent or from the state. When someone is 18, they cease to be a child in the eyes of the law hence no longer covered by child support.

Despite the fact that there are legislative reforms, it’s crucial to understand child support legislation does not mandate financial support for a child with special needs once they reach adulthood (18 to 19.5 years old). 

It appears that after the child reaches the legal adult age, the parent will not be entitled to child support. An adult with Down syndrome for example often has the IQ of a toddler, therefore they still require care in their adult years. So do most children with ASD.

The Best Effort For The Best Interest Is Compromise

If you believe divorce is imminent, and you have suspicions about possible ASD with your child, it may be in the best interest of the child, and even more so the parents to confirm it. It will allow you to include the child’s condition in child custody negotiations. 

Take this to heart. Your family is no different from others.  You are aware of the primary challenges underlying your divorce. The obstacles you will all need to overcome in order to achieve shared objectives should be clear. Your end game is to provide for your child’s needs.

Get Educated

There is still a lot to understand about ASD. The better educated parents are, the better they can talk about ASD in the context of child care and custody.

There are diagnosis, testing, monitoring, and development programs available for ASD. 

Find out what are the best practices in health care for children with ASD.

Find out the kind of professionals with a special focus on ASD. Pediatricians (particularly developmental pediatricians), neurologists, psychiatrists, and psychologists are among the medical specialists who may have knowledge of ASD and other neurodevelopmental disorders. You should ask for referrals of knowledgeable professionals in your region. 

Your lawyer might have already worked with some of them. Not all of these professionals have experience with autism.

Check out if there are such things as insurance, assessment, therapy, and other services. Contact your local Community Mental Health to receive Applied Behavior Analysis, speech therapy, psychological, or other treatments.

Join the local support group for autism. Don’t forget to take care of both your family and yourself. You can do this by researching sibling support groups or parent education programs.

Have you availed of Michigan’s Applied Behavior Analysis?

Children with ASD who are Medicaid-eligible and meet the medical necessity requirements are covered for Applied Behavior Analysis (ABA) therapy. Behavioral health treatment (BHT) is a Medicaid-covered service under the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) benefit.

Children with ASD are advised to receive Applied Behavior Analysis (ABA) treatment. The Surgeon General has approved it after more than 30 years of investigation. Skills and behaviors important to children with autism spectrum disorder can be addressed with ABA treatments.

Plan Parenting Time Around the Child

Inform your child of the arrangement for sharing custody. To provide the child a visual reminder of the times he or she will be with each parent, you might wish to hang a sizable calendar in each of your residence.

Your child’s regularly planned activities should be noted on the calendar, and the youngster should be informed of which parent will be taking them there. On the day of a custody exchange, remind your youngster of the schedule. The parenting schedule must not come as a surprise to your child, so discuss it in advance.

Remember stability and a sense of normalcy makes for a great environment for children with ASD.

Think about including provisions in the final decree of divorce custody arrangement allowing the child to speak with the other parent who isn’t currently in charge of the child throughout each period of residency. You can propose to have it via phone, Skype, or FaceTime. This can be an enabling environment for the child to keep in touch with both parents even when they are no longer children.

These can be wonderful arrangements because your autistic child will be better able to understand the co-parenting character of your family rather than feeling like they are being shuttled between homes.

Alimony Must Accommodate Special Needs of Child

The Michigan Court of Appeals (COA) has made it very plain that a party’s “needs” play a crucial role in spousal support calculations. When a child with special needs reaches adulthood, the court cannot grant child support, but it can still grant spousal support to help the custodial parent with the costs associated with caring for the child.

The divorced parents of a child with ASD must collaborate to formulate a financial plan they can both live with. This is the most crucial step. This is in contrast to a “position based” strategy where the parties withhold information and have an indifferent attitude towards others’ interests. An “interest based” approach to the divorce resolution fosters disclosure and greater understanding among parties.

Find a family law attorney who understands an approach focused on interests. You will come to appreciate that such an attorney will generate a higher total value for all concerned parties.

Be Creative and Collaborative in Child Support

You will not always be able to pool resources every time, all the time in your lifetime. You have to be creative in finding other sources for funding child care.

More Americans will have access to health insurance and free preventative care, such as autism screening for kids at 18 and 24 months, thanks to the Affordable Care Act. The majority of health insurance policies can no longer refuse, restrict, or eliminate coverage for anyone due to a pre-existing condition, including those who have autism spectrum disorder.

The state of Michigan regulates for-profit, commercial, HMO, and non-profit health insurance companies. These organizations are required to offer their insured members an autism benefit that covers services related to the diagnosis and treatment of autism spectrum disorders (ASD) up to the age of 18.

Both parents must be well educated about ASD. Michigan has resources to help you in this task. There are current state laws covering health care, diagnosis, monitoring, development, and post-majority care.

Certain government offices are mandated by these statutes to dispense services specifically designed for parents taking care of children with ASD.

Check with your lawyer if the current statutes apply to your child here in Michigan.

Creative Financial Planning in Post-Majority Child Support

Both parents of children with ASD should be ready to look for alternative legal and non-legal solutions for child support, including leveraging consent agreements, spousal support, property division, estate planning, and public benefits planning, in the absence of exception to special needs in a post-majority child support.

The needs of each party should be taken into account when dividing property in a divorce, according to the Michigan Supreme Court. Therefore, one might surely argue for a bigger portion of the marital assets to reflect the increased responsibility that comes with being a parent to a child with special needs. Parents should consider this in calculating and negotiating support for extended child care.

If internal marital resources are wanting, the parents can get creative and find other sources of support for child care. 

Is your child a Medicaid Insurance beneficiary?

Choose an attorney who can work in accomplishing your goals for the most cost-effective child support.

The focus always should be on the child and in this particular case, one with ASD.

With that in mind, you can direct your attention and energy toward approaching your case from the perspective of acting in your child’s best interests first and foremost while putting some of your own demands on the back burner.

We are not suggesting you should fully disregard your own interests in favor of those of your child. Your personal aspirations and the desired outcome in your custody case may actually be intertwined.

You need to consult your attorney to guide you through the maze of statutes either restricting your access to health care or finding new funding for healthcare covering ASD. Parents must already be in a cooperative and collaborative mindset before they talk to their attorney.

In this case, your attorney may also be thinking of the best interest of your child before yours. Choose an attorney who knows the legal lay of the land in terms of child care for children with ASD and who is in sync with your goal of providing extended care for your child.

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.

You’re going about your usual day at home with your child. Your child looks at you and just tells you she’s being abused.

Click here to watch the video on What To Do If Your Child Says Your Ex Is Abusive, But There’s No Evidence

Parents or concerned parties must know the signs of child abuse and act accordingly. There are laws on the reporting and non-reporting of child abuse incidents. As parents, we have to have a balance between taking care of our kids and our relationship with everyone else.

The moment can be unreal. It may not sink in quickly or not sink in at all. You know you need to do something.

You check it out and there’s no evidence of it.

Is there really evidence or are you making yourself believe there is?

You Need to Suppress The Desire To React Immediately

First, you need to understand if you know what abuse looks like. Neglect is also a form of abuse. Can you recognize it when you see it?

But the last thing you should do in this scenario is take matters into your own hands. 

You quickly decide to not let the child go with your spouse. You just withheld parenting time without justification.

If you do that with no physical evidence, the only thing that will happen is your rights as a parent will begin to become limited. The other side, your spouse, is going to file a motion. And they’re going to claim you withheld the child against the court order.

Of course your child told you there was something going wrong. But you have no evidence.

In that scenario the court is going to look at what you did as an extreme disregard and disrespect for the court’s order. And take away potentially your parenting time.

So don’t take matters into your own hands and withhold parenting the time of your spouse.

The most important thing at this point is communicating this concern with your spouse. Work out what is happening. Details will be important and we have some very important details you might need in this process.

You Need To Know The Signs Revealing Child Abuse

What is abuse? What is neglect?

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

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

We have a whole article dedicated to child abuse entitled, What Is Considered Child Abuse in Michigan?.

The article threads on the really fine line between discipline and abuse, and can be illuminating for parents who have discipline issues with their kids.

Neglect is when a parent, legal guardian, or other person in charge of the child’s health or welfare does or threatens to cause harm to the child in one of the following ways:

• Negligent treatment, such as failing to give someone enough food, clothing, shelter, or medical attention.
• Failing to take action to reduce a risk to a child’s health or welfare when a parent, legal guardian, or other person responsible for the child’s health or welfare is able to do so and has knowledge of the risk, or should have had that information.

What you should do is check it out. See if there’s any physical evidence. The MDHHS suggest certain course to observe to determine signs of child abuse.

Try to check if the following physical signs of child abuse is present with your child:

• Physical Signs of Physical Neglect
• Unmet medical requirements.
• Absence of oversight.
• Recurring indicators of hunger, unsuitable attire, and bad hygiene.
• Emaciated and stomach distended.
• Substantial weight loss

Physical Signs of Physical Abuse

• Unidentified welts, loop marks, and bruises in various stages of healing.
• Bite marks from adult humans.
• Bald patches or hair-loss clusters.
• Unknown burns or scalds.
• Unaccounted-for fractures, abrasions, or punctures or lacerations on the skin.
• Lips swollen/teeth chipped.
• Linear or parallel lines near the temples and cheeks.
• Bruises with a crescent shape.
• Wounds from a stab.
• Injuries to the ears..

If there isn’t. Maybe there’s evidence you cannot exactly see. So take your kid to the doctor.

The very fact of your announcement to your child you’re taking him or her to the doctor will make the child respond uneasily. The child will probably say dad did not exactly do that or that he might have done that. You may need to do this just so you can get to the bottom of it.

Child abuse cannot always be physical, meaning you cannot always see the abuse as a physically visible injury. It can be mental or psychological. The signs will be seen through a manifestation of certain behaviors.

Check the following behavioral signs of child abuse:

Behavioral Signs of Physical Neglect

• Frequently shows signs of weariness or listlessness and nods off in class.
• Hoards or steals food and begs from classmates.
• Reports there isn’t a caregiver present.

Behavioral Signs of Physical Abuse

• Self-destructive/self-mutilation.
• Extremes of withdrawal and/or aggression.
• Squeamish or uncomfortable with personal contact.
• Late arrival or protracted absence, as though frightened to be at home.
• Persistent runaway (adolescents).
• Moves awkwardly or complains of pain.
• Wears improper apparel for the weather and covers their body.
• Impulse control issues (e.g. inappropriate outbursts).

What a parent’s worst nightmare can be, is when they see signs of sexual abuse. The reality can be unreal for most parents.

Just like neglect and physical abuse, there are ways of checking signs of sexual abuse. Check out these signs:

Physical signs of sexual abuse

• Itching or pain in the vaginal area.
• Bleeding or bruises in the vaginal area.
• Sexually transmitted illness.
• Frequent yeast or urine infections
• Extreme or abrupt changes in weight.
• Pregnancy before the age of twelve.

The behavioral indicators of sexual abuse

• Withdrawal and persistent depression.
• Unusual sexual actions or allusions for the child’s age.
• Promiscuous or seductive behavior.
• Lack of confidence, self-devaluation, and low self-esteem.
• Suicidal tries (especially adolescents).
• Lack of emotional control and hysteria.

Now if your child insists that there’s some level of abuse. And you take the kid to the doctor and the doctor doesn’t see anything. The doctor actually declares no physical evidence of this, you will realize that a couple of things may be going on.

The doctor thinks there is a credible case of abuse even though he or she can’t see it. Your doctor will take a few more steps or more tests to be sure. If the doctor is more inclined to believe there is abuse, your doctor is mandated to report it.

The law classifies medical practitioners who regularly interact with children as mandatory reporters. Under the law they are required to report, based on their professional assessment, children who are at risk of child abuse.

This is also why you have to talk to your spouse about these things before calling a professional. Do take notes about the signs before you do, so you have specific details to discuss. If these suspicions are unfounded, it is best to keep this between you and seek a better way of communicating these things.

Your privilege to keep these things private may no longer be in your hands if the doctor believe there are signs of child abuse.

Certain practitioners are required under the Michigan Child Protection Law to notify Centralized Intake (CI) at the MDHHS of their concerns of child abuse or neglect. These individuals have developed relationships with children as a result of their line of work and are required to report matters related to child abuse.

These mandatory reporters cannot just report anything without cause or evidence. Just as there is penalty for not reporting child abuse, there is penalty for false reporting.

If the doctor do find signs or evidence of child abuse, Child Protective Services or CPS maybe involved in the next step.

There may be mandatory orders to CPS and then you will start a whole cycle of CPS things involved in your life. It won’t necessarily be a good thing for anybody. CPS people are trained to follow a process mandated by the state. They are professionals in their own right just like your doctor.

When You See A Professional, Understand Their Process

There are certain steps mandatory reporters like your doctor or pediatrician should be following when they confirm a case of child abuse. These are not even a professional requirement, these are mandates prescribed by state statutes.

You really have to think about the position you are putting yourselves in once you submit your child to examination for determining signs of abuse.

Michigan’s penalties for failing to report child abuse and neglect and for making false reports can be uncomfortable to say the least.

A mandated reporter who willfully disregards the reporting deadline commits a misdemeanor and faces either or all of the such penalties as a sentence of no more than 93 days in jail and a fine not to exceed $500.

Fraudulent reporting. You just can’t go around crying wolf and state someone is committing child abuse. Any individual who knowingly files a false report alleging child abuse or neglect is guilty of offenses. If the reported child abuse or neglect, amounts to a misdemeanor, but would not be a crime if true, the offender is guilty of a misdemeanor punished by up to 93 days in jail, a fine of up to $100, or both.

A $100 probably is easy to take but 93 days in jail is something else.

If child abuse gets to CPS, it will trigger a series of processes to investigate and validate the abuse. Unless extraordinary circumstances call for an extension, CPS has 30 days to finish its investigation. Within 24 hours of an child abuse being reported, a CPS investigation must begin.

You don’t want to get CPS involved very early in the process when your child says your ex is abusive. Have a talk with your child. Go through the process we suggest here and work it out with your ex. Or, you can always seek professional help outside the court, outside CPS.

The doctor may recommend your child get some form of psychotherapy. If there’s a false accusation going on, it could mean an underlying psychological problem exists.

And are you ready to put your child through that?

Even with therapy, you need to work with your professional as to what the goals are in this therapy.

So you really need to get a handle on this. While you were married was there any evidence of abuse? You have a whole life with this person. You know the person never abuses the kids. Now all of a sudden the child’s crying abuse with no physical evidence to support it.

There may be some underlying psychological issues that you have to get to the bottom of.

It’s probably something that you should talk to your ex about especially if the doctors can’t help you.

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

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