Our children can grow very fast. Divorce and child custody will not slow them down. Visitation or parenting time are results of court orders. They aren’t optional tasks and children also need to understand them. Is there an age by which a child can refuse visitation in Michigan?

Click here to watch the video on What Age Can A Child Refuse Visitation In Michigan?

The greatest significant public health issue facing our civilization right now is certainly parenting. It is the single biggest factor linked to childhood illnesses and accidents, teenage pregnancies, drug usage, underachievement in school, absenteeism, disruption of classes, child abuse, employability issues, and mental illness. 

These are serious in and of themselves, but they are even more significant as indicators of future issues for the following generation and adults.

Nothing Is More Powerful Like A Normal Child-Parent Bonding

The relationship between parents and children fosters the child’s physical, emotional, and social growth. Every child and parent may cherish and grow this special link. 

The child’s personality, decisions in life, and general behavior are all built on the foundation of this bond. Their social, physical, mental, and emotional health may also be impacted.

Among the advantages of parenting:

• [a] Young children have a better chance of forming positive and satisfied connections with other people in their lives if they grow up with a strong and secure attachment to their parents.
• [b] A child who has a strong bond with their parents has the ability to control their emotions under pressure and in trying circumstances.
• [c] Encourages the cerebral, verbal, and emotional growth of a kid.
• [d] Encourages the child to display upbeat and self-assured social behavior.
• [e] Healthy parental involvement and intervention in the child’s everyday life serves as the cornerstone for the development of better social and intellectual capacities.
• [f] A solid relationship affects healthy social, emotional, cognitive, and motivational growth. When kids have a good relationship with their parents, they develop great problem-solving abilities.

The parent-child relationship and the family environment, which includes all primary caregivers, are the cornerstones of children’s wellbeing and healthy development, as shown by decades of research. Children begin learning at birth and depend on their parents and other primary caregivers to keep them safe and provide for them.

The influence of parents may never be more apparent than in a child’s formative years, when the brain is rapidly developing and almost all of the child’s experiences are influenced and formed by parents and the home environment. Parents set a course for their children’s health and wellbeing during childhood and beyond by assisting them in developing and honing their knowledge and abilities.

Parents themselves are impacted by the parenting experience. Parenting, for instance, can enhance and focus parents’ life, cause tension or tranquility, and elicit a wide range of emotions, such as happiness, grief, fulfillment, and rage.

Today’s parenting of young children occurs in the midst of important continuing advances. There is a fast expanding corpus of research on young children, more money is being allocated to family-focused programs and services, the U.S. population is changing demographically, and family structures are more diverse. Technology and easier access to parenting knowledge are also having an increasing impact on parenting.

The importance of parenting and parent-child relationship is the rationale behind why laws, national and state policies are biased towards protecting the parent-child relationship and why parenting time is not left as an option for parents. It is imposed on the family. To preserve as much of the family’s unity as possible.

The Limited Options For People In Visitation

When one takes into account various rights and obligations children have before the age of 18, the idea that a kid can choose which parent to live with is not so far-fetched. At 14, a kid has the option to name a guardian or refuse to provide their permission to an adoption. A kid can ask the court to be emancipated from their parents, get a parental consent waiver for an abortion, or drop out of high school at the age of 16.

In Michigan, a 16-year-old can even get married with permission from their parents. Remember a 17-year-old does not require a juvenile waiver or special proceedings in order to be tried as an adult for a crime.

Children under the age of 18 cannot, however, choose which parent they will live with on their own. Children have no right to decline visitation mandated by a custody order.

The order must be followed by the parents as well as the youngsters. So, if a child is being uncooperative during visitation, it is the parent who has primary physical custody’s duty to coax them into compliance.

But among the many factors the judge will take into account when deciding on child custody or parenting time is the child’s desire.

If your teen wishes to spend more time with the other parent, consulting a Michigan child custody lawyer might help you make decisions.

Once the judge imposes an order of custody and visitation, the child should follow the schedule of visits. The court must determine if a revision of the decree is necessary if a teen wishes to discontinue visiting one parent. Several factors will determine if your adolescent can decline to spend time with the other parent.

The child will be questioned by the judge about why he prefers one parent over the other or why he won’t go to one parent. If, for instance, the parent the adolescent refuses to see has a lifestyle that is inappropriate for the child, such as persistent criminal behavior in that parent’s house, illicit drugs, or physical violence, the judge is likely to deem the refusal justified.

The Reasons That Will Make You Refuse Visitation

In Michigan, a teen who has parents who are divorcing can have some say over how much time he spends with either. 

The judge, on the other hand, will not be sympathetic to a kid who refuses to visit a parent’s home just because the parent insists the teen do his homework. Allowing mature feedback from children who are old enough serves the objective of giving the child a voice, not of pitting the parents against one another.

The matter should return to court if a kid refuses to follow a custody order that is already in place. The child should stick to the schedule up until the judge makes a decision on the motion to change the custody and parenting time order, unless there is a danger to the child.

There are also some legitimate reasons for refusing visitation. Legal grounds for refusing the other parent’s visitation include:

• [a] Parental imprisonment
• [b] Abusing drugs
• [c] Either verbal or physical abuse
• [d] Sexual impropriety, such as subjecting a youngster to very suggestive behavior
• [e] Parental abduction

Your children may have a very particular reason why they would like to forego visitation with a parent. Children may not want parent visitation for the following reasons:

• [a] The child is not amicable with other children from past partnerships or with the other parent’s new spouse.
• [b] The kid doesn’t want to follow the other parent’s severe house rules.
• [c] The child’s school, classmates, and extracurricular activities are all far distant from where the other parent resides.
• [d] Simply put, your child and the other parent have never gotten along.
• [e] The youngster holds the other parent responsible for the divorce and harbors anger towards them. If you are the cause of your child’s feelings, then this can be a problem. Parental alienation is the practice of disparaging your ex in front of your child, and it can be proven in court if you do so.
• [f] The child wants to go to an event, but only one parent’s home will allow them to do so.
• Most importantly, parents must remember court orders are precisely what they sound like—orders regarding custody and parenting time. 

If parents fail to send their children to the parenting time specified by the court, they may be found in contempt of court and subject to fines or jail time. Because they “don’t want to live with you” or “don’t want to see you this weekend owing to other plans,” a mother or father cannot refuse to give their child to the other parent.

Check out our article on “How Can I Deny Parenting Time In Michigan?” to get our view on refusing to give you child to the other parent.

If parents encourage, permit, or condone their children disobeying or disregarding the parenting time order, the children do not have a choice and they take all the risks. Children who disregard reasonable parental orders may also be declared runaways or incorrigible in juvenile court.

How To Make A Better Compromise For Visitation

Of course, getting kids to perform anything they vehemently object to can be challenging, especially as they get older, as any parent of an adolescent knows. If you find yourself in this circumstance, you might consider using the FOC’s counseling or mediation services.

You could also ask the court to modify the current parenting time orders by submitting a motion. However, you’ll need to demonstrate a change in circumstances has occurred making the alteration you’re proposing necessary.

Now, in the unlikely event you cannot find a way to drastically change your child’s refusal or get parenting time modifications, the best compromise is to embrace this challenge.

Adopt a strategy to make the best of the situation. Find a work around to approach this challenge without unnecessarily building a level of stress for all concerned.

Approaches to Take When a Child Refuses to Visit the Other Parent.

Once you have learned and understood the reasons why your child refuses to visit the other parent, get your child to a degree of awareness.

Most likely, your youngster is unaware of the repercussions of disregarding a court order. 

Instead of merely telling them to go leave, you should inquire as to why they are refusing. This will help you determine how to respond to their rejection most effectively. By demonstrating your concern and understanding of their circumstances, you may be able to persuade your child to attend visitation.

Every time your child declines a visit, keep a record of it. Every time, ask them why so you can keep a list. You must have proof to support yourself and your child’s requests because the other parent can take you to court and accuse you of breaking the court order.

In subsequent custody hearings, the opposing parent can attempt to demonstrate your lack of compliance, which would be detrimental to your position. Most especially to your own parenting time.

When your child declines, call the other parent and make an effort to have the youngster explain their refusal to the other parent. If the child cooperates more readily with the other parent, the other parent won’t be able to accuse you of willfully defying court instructions. 

Word of mouth is easier to refute in court than phone records and text messages.

Make picking up and dropping off as easy as you can. Your frequent arguments with your ex throughout transitions may be a contributing factor in your child’s reluctance to attend visitation. 

If your ex tries to provoke you during custody changes, try your best to keep your mouth shut and act like the bigger person. Make sure your child’s bags are packed and all other preparations are taken care of well in advance if they are departing for a lengthy visitation.

Anxiety can be brought on by activities that can be avoided, such as rushing around the house and neglecting cherished belongings.

Continue to promote visits. After a single denial, don’t give up. The parenting plan should be discussed with your child at times other than right before pick-ups and drop-offs.

Always keep in mind you are the parent, not your child. You are the one in charge. You are the best person to judge your child’s needs. It’s possible a soft, gentle approach won’t be effective. Particularly following the strain of a custody dispute and/or divorce, could make you feel bad forcing your child to do something they don’t want to.

Both parents should send a strong message to a rebellious youngster who refuses to visit the other parent. The court order will be upheld and neither party will be used as leverage against the other.

In conclusion, a court must modify a custody or parenting time order before it may be ignored or amended, or the child must turn 18 years old. A parent who helps the child disobey the order by allowing it can be held in civil and criminal contempt of court.

If a parent wants to change who gets custody or how much parenting time they get, they should submit a request with the court and explain why there has been a change in circumstances.

The police or child protective services should be informed right away if a parent has a good basis to believe the child would be in immediate danger if given to the other parent. No party has the authority to unilaterally defy a court order.

An adept family law attorney can assist in directing you toward making the best choice for your particular situation. Or, you can read our article on “How Does A Co-Parenting Calendar Work For Parents Without Sole Custody In Michigan?” for an approach parents without sole custody on parenting time can adopt.

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

In pursuing the goal of child support from a parent now out of state, you need to get the most value from the case by managing the legal costs. To start the proceedings for child support you need to find the absent parent first by availing of state assistance. Read this before calling a lawyer.

Click here to watch the video on How To Initiate Out Of State Child Support Case In Michigan 

Child support is the ongoing responsibility for a regular payment made by an “obligor” (or paying parent or payer) to an “obligee” (or receiving party or recipient) for the financial care and maintenance of children of a relationship or a (potentially ended) marriage in the United States.

The obligor is typically a non-custodial parent. The obligee, who is typically a custodial parent, caregiver, guardian, or government organization, is not required to use the funds for the child. In the United States, child support is not based on a parent’s gender. A dad may pay a mom or a mom may go pay a dad. A custodial parent could also be forced to pay the other custodial parent when there is joint custody, which means the child has two custodial parents and no non-custodial parents.

You may not have heard of this, but there are also regulations for child support even among our Native Americans. State and tribal regulations addressing this form of commitment differ greatly among Native Americans. It is the responsibility of each state  and federally recognized tribe to establish its own rules for calculating child support.

In Michigan, local and state child support offices provide assistance to more than 830,000 children and their families in 2020. Anyone can obtain help from the Michigan Child Support Program by submitting an application. All families receiving public assistance are required to engage with the program to secure paternity and child support orders, if it is safe to do so.

The program provides dependable, cutting-edge services with the aim of enhancing family self-sufficiency and children’s wellbeing. These initiatives strengthen close relationships between parents and children, ensure parents fulfill their child support duties, and ensure families have access to all available income streams.

We’re all good as far as the rules and the law is concerned. The question now is how is the law going to be applied if the parent who is supposed to provide child support is out of state. The parent is out of Michigan.

How will you initiate child support?

Focus Goals That Will Offer Value To Little People

To start off, you have to be very clear what you are trying to achieve in pursuing child support for the “little people” who deserve it. The ultimate goal is to put the welfare of the child front and center. You need to be focused on getting the greatest value from this endeavor.

You might be thinking of finding a lawyer for this out of state pursuit.

We suggest you read on and try some of the tips in this article first. You won’t have to spend thousands of dollars if you do. All the money available should go toward the ultimate goal which is really to get the child support in place. If you have to spend money to do that, then, the whole process and pursuit will have a diminishing value.

You can still obtain the necessary child support for your children even if the non-custodial parent relocates to another state or already does so. The process can be more difficult if one parent resides in a distant state, but there are ways to track down your ex and make sure they are providing child support.

It makes no difference where a parent resides because family court orders are enforceable across state lines. You can get assistance from child support programs, and family court judges have the power to eject your ex from the marriage or enforce any existing child support orders.

Before requesting child support from someone out of state, you must first file with the state in which you currently reside if there is not already a court order in place.

Not Monumental But Useful, You Need To Know Location

The custodial parent has a variety of alternatives for how to approach this process, regardless of where they reside. Depending on whether or not your ex is collaborating or making an effort to hide, this process may be simple or challenging.

Your initial actions could involve:

• Asking family or acquaintances for the other parent’s present address
• Engaging a private detective
• Using location tools provided by your neighborhood child support office

If your ex did not let you know where they were moving, any of these would be reasonable choices. 

The most important thing is to get a verifiable address or location of the parent targeted for child support.

There are mechanisms we sometimes know as “Interstate Action” which require states to assist you in locating your ex-partner if you are owed child support.

Additionally, this law stops several states from imposing child support orders and aids in locating the absent parent.

You Need To Have Resources in Absolutely Lowest Cost

Like what we mentioned, you need to be focused on getting the highest value for child support. This means getting the most amount of financial support for the least cost. Before deciding to spend on a lawyer, there are some things you need to try first before you speed dial your lawyer’s number.

What are the resources you can avail of costing you little or none at all?

Making use of Parent Locator Services

There is a parent locator service in every state. The following resources are available to the neighborhood child support offices:

• Information on federal new hires
• Information on state new hires
• Information about address changes for drivers’ licenses
• Information on unemployment insurance
• Applying for worker’s compensation
• Courts’ criminal and civil records
• Data from credit bureaus
• DMV or Bureau of Motor Vehicles data
• Applications for public support (such as applying for food stamps)

In essence, locator services can track down your ex if they attempt to get a job, locate housing, use a credit card, or ask for government aid. Once the court has a way to reach the other parent—their address—the enforcement of child support can start.

Basics of Child Support State Services

There are two options for basic state services: working directly with your state or the Child Support Enforcement Agency (CSEA) in your area. 

You should typically pick just one of these options rather than both in order to prevent having duplicate cases open. Depending on the state, you might have to start the process with your CSEA, who would then refer it to the government body.

It is important to understand only the state or CSEA office in the state you currently reside in needs to be contacted; not the state your ex-partner moved to. The state in which you currently reside is the “initiating state” and as the case develops, they will contact the “responding state.” The responding state is where your ex is now residing or verified to be residing.

Using the proceeds from your ex’s new job to pay child support

Garnishing earnings is a simple approach to carry out child support orders while one parent is out of the country. Child support can be taken immediately out of the other parent’s wages by having the courts issue a garnishment order to their employer.

All employers are required by federal law to comply with child support garnishment orders issued by other states. Simply because the garnishment order is from another state, your ex’s employer cannot refuse to deduct child support payments from an employee’s salary.

If you really want to explore the most expedient path to getting child support out of state, and you don’t mind the cost, here’s some approach to take:

Uniform Interstate Family Support Act (UIFSA)

The UIFSA has been approved in some form in every state. This statute is expressly made to make it easier for parents who reside in different states to comply with child support orders issued in their home state.

Working with your local child support office or engaging an attorney is typically required to submit a claim under the UIFSA. It enables you to make touch with the appropriate parties in the state of the other parent to carry out your child support order, such as:

• Local state court systems
• Child support organizations
• The lawyer for the other parent

Your child support order must be upheld by the courts and authorities in the other state, just as if it had been issued here in Michigan.

It is beneficial to start the process immediately because it can take some time to achieve the outcome you want. When legal action is required, it may take months or even more than a year to get child support matters before a judge.

Returning a parent to your state via extradition

In some circumstances, your state may be able to “extradite”—bring the other parent back to you—but only if they are accused of a felony involving child support.

The penalties for felony nonsupport charges vary from state to state and may include:

• Arrest
• Prison or jail time
• House arrest or home detention
• Probation

The procedure will involve taking steps to locate the parent and employing techniques to obtain the child support payments. You can be confident your ex will continue to provide the necessary child support even if you move across state borders.

Opportunities Found In The Friends Of The Court

There’s a resource in court, you can use if you want to save on the cost of processing divorce, child support, and child custody. There’s this office called Friend of the Court or FOC.

The FOC assists the court with matters pertaining to child support, parenting time, and custody. The FOC, among other things:

• Assists parents in resolving conflicts both during and after their case
• Investigates the subject of child support, parenting time, and custody and gives recommendations.
• Ensures parents adhere to court rulings regarding child support, parenting time, and custody
• Provides people with court forms (you don’t need a lawyer to utilize these forms) for certain family law situations.

All current orders for custody and parenting time are enforced by the FOC. In the event any party submits a written complaint alleging a breach of custody or parenting time, the FOC shall begin the enforcement procedure. The FOC will take enforcement measures if it finds there has been a violation. This might comprise of:

• Make up for missed parenting time
• Submitting a motion to alter parenting schedule
• Launching a contempt case against the offending parent
• Other solutions

The FOC also offers services for enforcing child support judgments. Check out some of the enforcement techniques the FOC may employ:

• Income deduction
• Intercepting refunds from federal and state taxes
• Suspending licenses for driving, occupations, sports, and/or leisure

Other techniques for enforcement include parents having their passport applications rejected, having their credit histories disclosed, being subject to a civil contempt case, or even being prosecuted with a criminal case.

Additional FOC Resources

Additionally, the Friend of the Court offers court forms on a variety of topics you can use without consulting a lawyer. These consist of formal motions, replies, commands, and directives. Standard parenting time schedules are available in many FOC offices, which you can apply in your particular case.

The non-custodial parent has left Michigan and isn’t making child support payments.

The FOC will move forward with interstate enforcement once they have used up all of their local civil options and are still unable to achieve adherence to the court order. A current bench warrant for the non-custodial party’s arrest for failure to pay child support must be in place before FOC can move further. The non-custodial parent’s address must have also been recently verified.

You might want further illumination as to the consequences of not paying child support and alimony in our article, “I Don’t Want To Pay Child Support Or Alimony” to get a perspective of the one avoiding paying support.

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.

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.

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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.

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