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.

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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.

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

To build our child’s character, we are supposed to instill discipline. How far can we instill discipline without crossing the line towards child abuse?

Click here to watch the video What Is Considered Child Abuse in Michigan?

People talk a lot about child abuse without really defining what is child abuse. The definition of child abuse is very much an evolving standard. Even the process of determining child abuse from a medical perspective is also evolving. Lack of awareness carries consequences.

In The Old Days, Discipline Was Easily Dispensed

Those who are parents and grandparents today, can look back to the old days and remember how non-compliance in the household was dealt with.

For a parent to “whack” their kids for non-compliance was sort of run of the mill. If you did something wrong you get the belt. At times it was with the hands, sometimes it was with the belt. You get spanked on the bottom. These things happen. It was just a part of raising kids.

If you’re an avid fan of “I Love Lucy” back then, there was an old episode of “I Love Lucy” where Ricky Ricardo played the husband of the character Lucy. Ricky Ricardo took his wife Lucy who was always wild and vicious. And literally, put her over his knee and spank her for doing something.

People today will be thinking and realizing how our society was. It wasn’t unusual for a head of a household to do that. Meaning spanking somebody in the family for acting out. People back then did that.

Nowadays people don’t really exercise corporeal punishment. They don’t smack their kids. They could actually, and it is within their rights to do so. It’s not illegal because sometimes it has to happen among parents and kids.

There is, however, a difference between discipline and abuse.

Discipline can become abuse if taken too far. If your kid gets out of line and curses at you, you smack her in the face. It will not necessarily be anything little above discipline. If you take a wooden hanger and use it on your kid, then we’re talking about abuse.

The law has some definition of what is permitted. Current statute does not restrict a parent or guardian from disciplining a child in a reasonable manner, including by using force that is appropriate under the circumstances, or any other person authorized by the parent or guardian or permitted by law.

How does the court see child abuse?

There are different levels in the process of defining abuse. Neglect is also in some way a kind of abuse. If you don’t feed your child it’s really what we call neglect.

But it falls into the abuse and neglect category.

The court is probably if they have to, going to look at what you did. They’re going to judge your conduct based on what was reasonable and what was appropriate for you, for the child, and for the circumstance in the community.

You have to realize a standard for defining abuse is like a moving target.

You might get caught in a situation where you need to show you’re not guilty of abuse. If you are, will you be able to show it based on the standards, based on the conduct, based on what goes on in the community, and based on what is appropriate?

If ever you are in such a situation, will you be able to show you acted within the appropriate boundaries mentioned?

Let’s find out how the court sees child abuse.

The Truth About Child Abuse The Court Actually Sees

Let’s do some common ground in understanding the words the court might use. Let’s disassemble two words: child and abuse.

A person who is younger than 18 years old and has not attained legal emancipation is referred to as a “Child.”

Abuse encompasses the use of the following words.

“Cruel” refers to something that is cruel, inhumane, sadistic, or torturous.

“Omission” refers to a child being purposefully abandoned or not being given the required food, clothing, or shelter for their welfare.

Any harm to a child’s bodily state is referred to as “physical harm.”

“Serious physical harm” refers to any physical harm to a child that gravely compromises the child’s health or physical well-being, such as brain damage, a fractured skull or bone, a subdural hematoma, a dislocation, a sprain, an internal injury, poisoning, a burn or scald, or a deep cut.

“Serious mental harm” is defined as an injury to a child’s mental well-being or condition that is not necessarily permanent but nevertheless produces clearly discernible manifestations of a significant disorder of thought or mood that materially impairs behavior, judgment, the ability to recognize reality, or the capacity to cope with day-to-day demands of life.

Any of those words mentioned together with your name isn’t going to be good for you.

If you ask the courts, they will always defer to current statutes.  Technically, the law defines child abuse in a matter of degrees.

Here’s how the law sees child abuse and this is where you will understand about the law defining it in a matter of degrees.

The following situations constitute fourth-degree child abuse for the offender:

There’s a certain degree of child abuse offense considered a misdemeanor. It is a misdemeanor when a kid suffers physical harm as a result of the person’s negligence or carelessness. Or, regardless of whether physical harm occurs, the conduct was committed knowingly or purposefully and places a child at an unreasonable risk of harm or injury.

The court will find you in this case guilty in the fourth degree.

The next level of child abuse is called third-degree child abuse. This happens when an individual intentionally or knowingly harms a kid physically. That person intentionally or knowingly commits a crime that, given the circumstances, puts a child at an unreasonable danger of harm or injury, and the crime causes actual bodily harm to a child.

The second-degree child abuse offense is a bit more serious. It becomes child abuse in the second degree when the person’s careless action results in a kid suffering from a serious physical or mental injury as a result of their omission, or vice versa. Regardless of whether harm occurs, the conduct was done knowingly or intentionally with the aim to seriously injure a child’s bodily or mental health. 

Here’s where serious consequences will follow.

If the person’s careless action results in a kid suffering from a serious physical or mental injury as a result of their omission, or vice versa. Or, regardless of whether harm occurs, the conduct was done knowingly or intentionally with the aim to seriously injure a child’s bodily or mental health. And, regardless of whether an injury is caused, the act is cruel to a child and is done knowingly or willfully, that act is considered first-degree abuse. This degree carries a much heavier consequence.

How the Medical Experts See The Truth About Child Abuse

The interesting thing about the medical practice supporting the scientific evaluation of child abuse is the field called child abuse pediatrics. It is now a sub-specialty in pediatrics dealing primarily with determining and isolating injuries constituting child abuse.

In order to make a medical diagnosis, doctors must choose, compile, and record pertinent information from the wealth of data provided by patients and families. In order to generate and arrange a list of potential diagnoses, the patient’s principal complaint, history of the current illness, past medical history, family and social background, and current risk markers for disease are gathered.

Similar to other medical diagnostics, the medical evaluation of suspected child physical abuse employs an iterative process of differential diagnosis. To the usual method of diagnosis as well as to the process of documentation in the consultation note, the medical diagnosis of child physical abuse has special components that could provide difficulties.

Child abuse consultations must inform outside authorities such as children’s protection services, the police, attorneys, and judges, in contrast to standard medical consultations, in which a doctor writes a consultation designed to inform other medical professionals.

Clinicians who undertake the care of abused children are aware of the varied purposes for which their medical evaluation and documentation will be used. 

The possibility of court involvement is present throughout the medical evaluation, even though the majority of child abuse consultations do not result in legal action. 

The Monumental Consequence Of Child Abuse Is Years in Prison

As mentioned earlier, the definition of child abuse comes in a matter of degrees, and so goes the punishment if you are found guilty of committing child abuse. Make no mistake about this, regardless of the degree, the offender will go to prison.

Like we said, it comes in degrees.

The fourth degree of child abuse is a misdemeanor, which carries a maximum one-year sentence in jail.

Third-degree child abuse is a crime punishable by up to two years in prison.

Second-degree child abuse is a felony also punished by imprisonment. If you are found guilty the penalty can be not more than 10 years for a first offense; and not more than 20 years for a second or subsequent offense.

First-degree child abuse is a felony punishable by life in prison or any number of years.

If you think, you are on the borderline of any degree above, please talk to your lawyer today!

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

Does it matter if your ex refuses to sign the divorce papers? Probably not! It truly depends on the particular divorce documents in question. The divorce papers you’re referring to are often the first documents you send with the acknowledgment of service. Your ex won’t acknowledge receipt by signing off on the document.

Your ex’s refusal to sign shouldn’t stop you.

Click here to watch the video What If My Ex Refuses To Sign Divorce Papers In Michigan?

There are several things you can file in court if they won’t recognize receiving the papers. These things can indicate an alternative method of serving them. There might be a method of evasion. To confirm that they have been served and have indeed received it, you can file the necessary updates with the court.

What Can My Spouse Do to Stop the Divorce?

Your spouse does not have to consent to the divorce. Therefore, the first thing you should do if your spouse refuses to sign the divorce papers is to acknowledge that you do not require their approval in order to obtain a divorce. If you have filed for divorce in Michigan but your spouse won’t sign the documents, you might be worried that you will have to deal with a protracted process that might go on for years. 

Even if your spouse won’t sign the documents, the case will go forward anyway. However, it’s crucial to realize that just because your spouse refuses to sign the divorce papers, doesn’t mean they can stop you from obtaining a divorce.

While there are numerous myths about divorce, including ones that are propagated by television programs and motion pictures, it is not the case in Michigan where one spouse cannot obtain a divorce because the other will not sign the divorce papers. Instead, a divorce can still proceed under Michigan law even if the opposing spouse declines to participate in the process.

There can be however some very naughty tricks a spouse might use to invalidate your efforts in the divorce process. You need to watch out for these tricks. Maybe your spouse loves you truly and too much. Maybe your spouse is obsessed with you. No matter the reason, a spouse can learn a thing or two about sabotaging your efforts to end your marriage.

One of the following strategies may be used by your spouse to convince the judge that the marriage has not ended if they do not want to get a divorce or want to make your life difficult:

[ a ]  Delay leaving the house so they may convince the judge that you two still loved each other even after the divorce was filed.

[ b ]  Make up justifications for staying the night at your house, such as acting ill when the children are dropped off.

[ c ]  Take you out to dinner on a special occasion, such as your birthday or a holiday, and make an attempt at seduction. If a judge discovers that the parties had sexual relations after the divorce was filed, many judges would throw out the divorce.

The scenario may be different if you are dealing with a difficult or vindictive spouse.

Where Do We Need Signatures in a Divorce?

Several times during the Michigan divorce process, legal papers must be signed. There is, however, a clearly laid out procedure for what follows if one spouse declines to take part in the process.

Here’s how it works.

You or, more precisely, your attorney will submit a divorce complaint to the local circuit court to begin the divorce procedure. Your chosen divorce conditions, such as the division of assets and custody of children, are spelled out in the divorce complaint. Even though you might be eager to be divorced, you should take your time and make sure these terms are appropriate. Both your family’s welfare and your financial future are at risk.

The divorce complaint is then delivered to your spouse along with a court summons form. The summons form should be signed by your spouse to show that they have received the divorce papers, although proof of service can still be given to the court without this acknowledgment.

Your spouse has 21 to 28 days to submit their answer to the court if they choose to oppose any of the terms of the divorce as stated in the divorce complaint.

You can seek the circuit court for a default decision of divorce if your spouse does not reply to the divorce suit by the deadline. The statutory waiting period must have elapsed before your divorce may be legally finalized.

There is a required 60-day waiting period for marriages without children between the time the divorce complaint is filed and the time the court will issue a final judgment of divorce (sometimes called the divorce decree or divorce settlement). The waiting period is 180 days (six months) when minors are involved, while it is possible in rare circumstances to shorten this time frame.

The court will grant the desired default judgment following the waiting period, making your divorce legally binding. The signature of the judge is sufficient. No signature is required from your spouse.

As long as the terms of the divorce are compliant with Michigan law, they will be as stated in the initial divorce complaint. For instance, parenting schedules and the split of marital assets must both be fair and in the best interests of the children.

What Can I Do If My Spouse Refuses to Sign the Divorce Papers?

Even while you do not need your spouse’s signature on the divorce papers in order to get divorced, the procedure can be quite difficult to navigate without an attorney.

The next step is to educate yourself about the Michigan divorce procedure so that you will be ready if your spouse refuses to sign the divorce documents.

If the other spouse declines to sign the initial divorce petition, the person seeking the divorce must formally serve the other spouse with the documents. Anyone over the age of eighteen may serve the documents, although it is sometimes required to do so through the Sheriff’s Office or with a licensed process server in order to ensure proper due process.

The other party may use the ordinary postal system if the other spouse is blatantly attempting to evade the case by fleeing or seeking refuge in an unidentified location. If all else fails, the spouse seeking the divorce may, with the court’s approval, utilize the local newspaper to publish a notice.

The process may continue through the courts and with the judge if the other spouse continues to be belligerent. Cooperation issues may still arise, but it may be at the other spouse’s expense. The case can still proceed, as determined by the court. 

The judge may enter a default judgment granting the divorce to the spouse seeking the process if the opposing spouse chooses not to appear in court for the case or even to respond to the divorce petition. In such cases, the judge may give the majority of the requested relief, and the absent spouse does not have the right to appeal the judge’s ruling unless there is a good cause for the absence and failure to respond.

If your spouse does submit an answer, you and your divorce attorney can work to demonstrate that the waiting period and other divorce requirements have been satisfied and that your divorce should be approved.

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

When we discuss abuse, there are many distinct types, including physical and emotional abuse. Can you withhold parenting time if you think your child has been abused in some way? Is emotional abuse enough to revoke parenting time from my ex?  

Click here to watch the video Is Emotional Abuse Enough to Revoke Parenting Time From My Ex in Michigan?

It is appropriate to submit a motion to the court. Obtain judicial approval. Don’t try to impose your own ideas on the law. On the other side, you might have a convincing defense. Many people believe that seeking forgiveness is preferable to seeking consent. Prior to taking matters into your own hands, you should request that the court suspend the parenting time.

What Is Emotional Abuse?

A pattern of behavior known as emotional abuse can have a negative impact on a victim’s cognitive, emotional, psychological, or social development. It is also known as psychological abuse. The effects of emotional abuse by a parent, caregiver, or another adult in a position of authority on a child are almost always detrimental and frequently last for the remainder of the child’s life.

According to the University of Michigan Health System, emotional abuse follows a pattern. You are emotionally abused if the other party does the following:

[ a ]  says unkind things about you

[ b ]  prevents you from making decisions

[ c ]  threatens you

[ d ]  isolates you from your friends, family, and coworkers.

[ e ]  disregards how you feel

[ f ]  diminishes you

[ g ]  calls you names

[ h ]  insults you

[ i ]  makes you unable to sleep

[ j ]  actions that give you a crazy feeling

[ k ]  asserts to you and others that you are insane

[ l ]  tells you you make poor decisions

Emotional abuse includes both verbal abuses, such as calling someone names, and terrorizing, which usually involves frightening the child by threatening them with harm or purposely placing them in terrible situations. Long-term neglect of the child may also entail shunning them in front of friends and family, underestimating them as a person, or ignoring their most basic emotional needs.

The court will always take into account one of the twelve factors for assessing the best interest of the child when deciding on custody and parenting time. One of these factors is domestic violence or domestic abuse. It’s not necessary for parents to physically abuse their children. It’s not necessary for children to see it. 

For the court to consider domestic violence, it only needs to be present or clearly present. It is imperative to let the judge know about the violence and your concerns.

Numerous studies conducted over the years have shown that emotionally abused children are more prone to engage in undesirable behaviors that worsen as they age, such as routine humiliation, ignoring, or intimidation. Although they are not limited to them, some examples of these behaviors include low self-esteem, self-destructive actions, promiscuity, substance abuse problems, aggression, difficulty forming relationships, cruelty to animals, and suicidal thoughts.

Since emotional abuse does not leave the same obvious traces as physical abuse, it is more challenging to detect. Despite the claims of many specialists that it is more common than all other forms of child abuse, emotional abuse is harder to identify when it is a child’s only form of abuse.

Legally speaking, emotional abuse can occasionally be ambiguous due to the fact that various people frequently interpret the phrase differently.

Differentiating between emotional and psychological abuse can frequently be challenging. Given that the majority of experts concur that emotional child abuse is best described as an assault on the child’s psyche, it is safe to conclude that “emotional” and “mental” abuse are likely to be considered equally in the eyes of the law.

Making this distinction is important since the Michigan penal code does not specifically prohibit the emotional abuse of children. However, the definition of what child abuse might involve that we just described above makes reference to “severe mental injury.”

How Can We Change Parenting Time?

There is no established plan for parenting time. At the request of either one or both parents, the judge may alter it. The parent who files a motion to change parenting time may be either the Plaintiff or the Defendant in the ongoing family dispute. The moving party is the parent who is filing the motion for parenting time modification. The Respondent is the other parent.

Altering parenting time could result in any of the following:

[ a ]  Alter the established custodial environment or ECE for your child.

[ b ]  Change the length or frequency of parenting time

[ c ]  Add, alter, or eliminate a parenting time requirement, such as supervision or drug testing

Before a judge will consider modifying parenting time, there are certain requirements for each type of change that must be met.

Only when there has been a good cause or a change in circumstances will a judge take into account a request to modify parenting time. In situations when modifying parenting time will actually modify custody, the moving party must possess the same evidence required to modify custody.

What the court is actually saying is that you just can’t unilaterally declare there’s abuse and you’re suspending parenting time. You need to have evidence of this abuse actually existing or happening.

The judge in this case will only adjust custody or parenting time if there is good cause or a material change in the circumstances. A change in circumstances must have occurred following the entry of the most recent custody decree. The moving party must demonstrate to the judge that the change in circumstances goes beyond the typical changes for the better or worse in the child’s life. 

The party making the change must demonstrate how it has or would significantly impact the child.

At least one of the 12 best interest factors must be linked to the proper cause. It must have an impact on the child significantly or be likely to do so. Events that qualify as proper cause typically occur after the previous custody order has been entered. A shift in circumstances is analogous to the proper cause. If a change in circumstances occurred after the judge approved the previous custody order, it is typically also proper cause. The opposite is also true.

The judge will not modify parenting time if the requesting party is unable to demonstrate justification or a change in circumstances. The existing parenting time schedule will remain in effect.

Is Emotional Abuse Enough to Revoke Parenting Time?

You have to put your assertion of emotional abuse in perspective. Are you legitimately witnessing emotional abuse? Or, are you just setting your ex up for abuse accusations? The court might not have the same concept of emotional abuse as you do. When a child is refused ice cream because they have cavities, you could assume that this constitutes emotional abuse. Perhaps not from the perspective of a Michigan family court. The court can simply interpret it as one parent’s effort to advance the child’s general dental health.

Then, you can suggest, they ought to take the other children to get ice cream. But that raises a question about parenting style, not abuse.

In order for the court to rule in your favor when it needs to make a decision, you must be very prudent in your analysis.

If altering parental time will alter the ECE, proper causes or changes in conditions might be but are not limited to:

[ a]  A parent is not present at home.

[ b ]  A parent has started abusing alcohol or drugs.

[ c ]  A parent frequently fails to give their child the required care.

[ d ]  A parent has maltreated or abused a child.

The following situations do not meet the criteria for an appropriate cause or change in circumstances where altering parental time would affect the ECE:

[ a ]  Financial difficulties of a parent, which could be resolved by raising child support payments.

[ b ]  The typical maturation of a child’s wants and preferences.

[ c ]  Change of custody aspirations of a child.

A parent may occasionally wish to restrict the amount of time the other parent spends with the children. Even worse, some people accuse others of abusing them out of solely selfish motives and resentment. 

Fortunately, most courts can spot fabricated allegations of abuse. These kinds of egregiously false claims are not well tolerated by the courts when they are presented.

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.

How can I prove I’m the better custodial parent? Does bad-mouthing the other parent every time you get the opportunity make you appear to be a better parent? It might be accurate to say that drug misuse occurs in the other home. It might be true that there are other forms of drug abuse besides alcohol, and this should be brought up in court. 

It’s not your desire to pick a fight with the other parent; rather, you want to show the court that your home is dry. In your home, alcohol is not consumed. You must be aware of one thing: The court will consider what is best for the minor child.

Click here to watch the video How Can I Prove I’m the Better Custodial Parent in Michigan?

To be a great parent, you, therefore, need to have a particular perspective. The minor child’s best interests must always come first when making decisions. This will persuade the judge that you are the best option.

This will highlight how differently each household uses alcohol. In the other home, it’s not just consumed; it’s also abused. That must be considered by the court.

Jumping on the other person is not the primary concern. The key is to show that you’re a better choice than that the other parent. The emphasis should be on portraying a healthier environment for the minor child.

Who Is a Custodial Parent?

There are legal guidelines for judges to follow in establishing what is in the best interests of the child, which is a broad definition used in Michigan to determine custody. Often, if the court is on board, parents can come up with their own plan, and the judge will approve it.

On occasion, the court will have to establish the specifics of the custody arrangement in a contentious child custody case. Both physical and legal custody are recognized by Michigan courts. A judge may appoint sole or joint custody for either kind of custody. 

The decision-making for the child is referred to as legal custody. A parent who has legal custody is in charge of making choices for their child in relation to issues like school enrollment, medical care, extracurricular activity involvement, and even religious upbringing. Keep in mind that sole custody is not defined legally in Michigan. When one parent is given primary physical and legal custody of a child, this is known as sole custody.

Joint legal custody entails both spouses participating in critical child-related decisions. If a choice is contested, however, the court may decide to give one parent primary legal custody over the other. This might occur, for instance, if both parents are devout believers in their own religions but belong to different denominations.

In Michigan, physical custody refers to the child’s residence. If the court determines it to be in the child’s best interests, a parent may be given primary custody. A number of factors, such as involvement in the local community and families, may also be taken into account. The other parent may be given “parenting time” even though one parent may have primary custody.

Joint custody would give both parents equal access to the child while maintaining a set schedule. For instance, one parent might be responsible for the child’s care during the academic year while the other is in charge during the summer. Alternating holidays, birthdays, and other significant anniversaries can also be arranged.

The court must take into account joint custody requests from either parent. Unless it is established that joint custody is not in the best interests of the child, the judge must grant joint custody if both parents consent to it. This decision’s explanation must be stated in writing.

Are You Unfit for Custody?

The question of fitness for custody as a parent can hit a parent very personally and very deeply. A parent is seen to be an unfit parent by the law when they fail to provide their children with the proper guidance, care, or support through their actions. A parent will also be deemed unfit if they have a history of maltreatment, neglect, or substance abuse.

In Michigan, when a parent is deemed unsuitable, Child Protective Services, or CPS, is frequently engaged. A safety plan or an open, ongoing investigation may be in place against the parent.

Children’s custody arrangements between divorced parents may not be agreed upon or the other parent may not be trusted with the children.

A judge or a parent can ask to have a child custody evaluation done. The objective is to determine whether granting custody to one or both parents is in the child’s best interests or if the child’s welfare, safety, or health are at risk.

The following 10 factors will be taken into account by the CPS evaluator when making a recommendation.

[ 1 ]  Setting Age-Related Limits

Although parents might not always agree on age-appropriate limitations, it could be a red flag if one parent tolerates extreme situations. When parents share legal custody, they should make age-appropriate decisions together, but not for small things like bedtime.

In this case, co-parenting is required, and you must trust your partner to manage their home intelligently.

[ 2 ]  Recognizing and Meeting the Child’s Needs

A child needs to understand that both of their parents are concerned about them. Just as divorce is challenging for the parents, navigating two distinct households is challenging for the child.

The children’s belief that they can communicate well regardless of whose house they are in is vital. If a parent notices a disconnect, are they responding correctly and seeking assistance when necessary? All of these are essential components of a good working relationship.

[ 3 ]  Prior Experience With Childcare

Both parents should have access to dependable child care, and all information should be shared. Each parent also needs to be able to care for the child on their own without help. If the child is always reliant on assistance, whether it comes from the co-parent or other family members, a change in custody may be necessary.

[ 4 ]  Approaches for Resolving the Parental Custody Conflict

Co-parenting is challenging. Positive co-parenting is feasible but it takes a lot of work from both parties. If one parent regularly criticizes the other or if every decision is a point of contention, your child will notice.

If there is insufficient cooperation and constructive decision-making, a new custody agreement may grant one parent decision-making authority.

[ 5 ]  Child abuse

If a parent is heavily involved with CPS, it could be time to change custody. To determine whether abuse or neglect needs to be proven, CPS may have performed a thorough investigation into a home.

If they have a concern, they will offer an immediate safety plan, which you can bring to court to ask for urgent custody decisions. Even though the situation may have been resolved without an investigation in certain cases, CPS involvement is a significant indicator to look out for.

[6] Domestic violence

It is never okay for children to see domestic violence in silence. The abuse of one parent by the other is also never acceptable. You have a number of choices at your disposal, including changing the custody arrangement to reduce interactions, getting a domestic violence restraining order, getting therapy for the abuser, and taking domestic violence classes.

[ 7 ]  Abuse of Substances

Even if a substance is legal, such as marijuana, the court may impose orders restricting a parent’s use of it in order to ensure the safety of the kid. Substance abuse assessments might be ordered to gauge the extent of the problem.

[ 8 ]  Psychiatric Disorder

When a parent is taking their medicine and receiving mental health care, everyone wins, including the child. However, if they are not receiving treatment for their mental health illnesses, this can be a very unsafe situation.

[ 9]  Social Interaction

Social interactions between the child and both parents are important for fostering positive relationships and memories. If one parent objects to the child’s activities or even their participation in them, the child can suffer.

[ 10 ]  Children’s Attitudes Toward Their Parents

Because both parents should encourage and foster positive interactions between the child and each parent, it is essential that the child is not raised with a negative view of the other parent.

A child who acts out or shows signs of fear before a visit may be a sign that the relationship needs to be repaired. It’s important to pay attention to the child and act accordingly.

When the evaluation is over, the evaluator will write a report to help the court decide. If either parent objects to the report, they will have the chance to do so in front of the court and provide testimony or other evidence to the contrary. If you reveal the contents of this report, you risk being penalized, having to cover the other party’s legal costs or both.

Are You the Better Custodial Parent?

Even if you don’t want to talk to your spouse or partner anymore, they are still mom or dad to your children. According to Michigan law, a child gains by having close contact with both parents. As a result, joint legal custody awards are frequent, and parenting time is typically given to both parents unless doing so would not be in the best interests of the child.

If you accept that your co-parent will probably participate in your child’s major life decisions, it doesn’t necessarily mean that your chances of raising your child alone are over. The parent who served as the children’s primary caretaker before the separation is frequently given primary physical custody of the children by judges in various counties throughout the state. In other instances, the situation may need one party to function as the child’s primary physical custodian, in charge of managing the child’s day-to-day needs, simply because they are manifestly more capable.

But, if for some reason you are too engrossed with the other parent and too focused on how they are interacting with your children, you may be focusing on the wrong things. The most important area of your life as a parent is your children.

Otherwise, you may not be close enough to be a custodial parent and the court will see through you.

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