Michigan Custody: Childs Preference of Which Parent to Live With

Can My Child Decide Which Parent To Live With In Michigan?

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A custody fight might be one of the most unpleasant experiences a parent can have, but children caught in the middle of the conflict may find it just as stressful. While children must realize that both parents love and want them, coping with a lengthy custody struggle on top of the pain, loss, and rage that comes with a parent’s divorce may be too much for them to bear.

For most children, the thought of having to choose between their parents is even more distressing. There will also be times when the child prefers one parent over the other because that parent is more suited to the child’s needs. The question now is: can children pick which parent they want to live with?

Child Custody Factors in Michigan

Contrary to popular belief, a child cannot simply decide which parent to live with before the age of 18 in Michigan. However, when deciding on child custody or parenting time, the court will consider several factors, including the child’s preferences.

When deciding on child custody, courts consider twelve factors concerning the child’s best interests. This includes the relationship between children and parents, each parent’s capability to provide (financially, emotionally, etc.); the stability of the home setting; the willingness to co-parent, and more. Furthermore, a judge may consider the child’s preference if the court finds that the kid is of the appropriate age to articulate a preference.

The child’s preference is one factor the court must consider when addressing custody and parenting time concerns, but it is not the only factor. In reality, the court is not required to examine all of the best interests elements equally. A child’s preference will be given the significance it deserves depending on the child’s age and the “soundness” of the decision under the circumstances.

Court and Child’s Preferences

In Michigan, judges may consider a child’s preference only when the court believes the youngster is of suitable age and maturity to make such a decision. The court must then examine several other considerations before making a final judgment on custody, parenting time, and other aspects of family law.

When a child is mature enough to voice his or her preferences, the court must hear his or her views before making a decision. The court will only talk with a minor if the judge believes he or she is old and mature enough to do so.

There is no minimum age requirement. Instead, it boils down to the child’s maturity level. The more mature the child is, the more the court will value the child’s views while deciding on custody and parenting time.

Hire a Michigan Child Custody Lawyer Today

If you have questions concerning custody or parenting time or have any other family law problems, do not hesitate to call the competent custody lawyers at Goldman and Associates. Contact us today and set an appointment with one of our attorneys.

Michigan Custody: Child��s Preference of Which Parent to Live With

Can My Child Decide Which Parent To Live With In Michigan?

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Learn more about child custody in Michigan.

Child Custody Factors in Michigan

Court and Child’s Preferences

In Michigan, judges may consider a child’s preference only when the court believes the youngster is of suitable age and maturity to make such a decision.�� The court must then examine several other considerations before making a final judgment on custody, parenting time, and other aspects of family law.

Hire a Michigan Child Custody Lawyer Today

Differentiating Separate Maintenance and Divorce In Michigan

What Is Separate Maintenance vs. Divorce In Michigan?

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People may want to stop their relationship with their spouse but may not wish to divorce. It may be tough for two individuals to overcome their differences and challenges and remain together. Divorce, on the other hand, isn’t always the best decision for some couples. For others, it may be desirable to live separately and file a separate maintenance complaint. Separate maintenance is one of several divorce options in Michigan. However, it is rarely used since it does not suit the demands of most spouses.

Defining Separate Maintenance in Michigan

In Michigan, separate maintenance is like legal separation where a married couple lives separately, and quite similar to divorce in terms of procedure. Separate maintenance legally acknowledges couples living apart and governs the split of property, liabilities, and assets. A Separate Maintenance Judgment is remarkably similar to a divorce, requiring the same documents, the same grounds to be discussed, and the same process involved.

Separate maintenance is similar to divorce in every manner, except that at the end of the case, you are still legally married and consent to a separate maintenance ruling. Michigan’s separate maintenance, like divorce, involves various considerations, including the following:

Taxes
Religion
Insurance
Immigration
Health Care
Social Security
Pension Benefits

In the best cases, couples realize the need for separation but have the intention of working through their issues and reuniting. While spouses can separate without going to court or getting a formal Separate Maintenance Judgment, we feel that families do best when they are assisted by a legal team and have proper, well-organized arrangements in place. With so many critical aspects at play, our family law experts can guarantee that orders are implemented and understandings are respected, regardless of the developing scenario.

Differences Between Michigan Separate Maintenance and Michigan Divorce

Separate maintenance and divorce in Michigan have a few key similarities and differences:

Separate maintenance, unlike divorce, requires both spouses to agree on an agreement.
The spouses may not remarry while on separate maintenance since they are still legally married.
Separate maintenance can be terminated, and the couples can reunite following (hopefully) reconciliation.
Separate maintenance judgments are not subject to a waiting period. Divorces are issued after a 60-day waiting period in marriages without children under the age of 18. When minor children are involved, a 6-month waiting period is required.
Separate maintenance is similar to divorce in that the court will make legal decisions about custody, parenting time, and child support based on what is best for the child.

When filing for separate maintenance, keep in mind that this might soon turn into a divorce battle. This is due to your spouse’s ability to launch a counterclaim for divorce. If this occurs, the court will no longer recognize this to be a separate maintenance matter but rather a divorce case and will proceed accordingly.

Consult a Michigan Family Law Attorney Today

Goldman & Associates has decades of expertise assisting couples in resolving their marriages and moving on to new pages of their lives. We will help you understand the complexities of separate maintenance and evaluate if it is the best option for you. Make an appointment with an attorney today.

Is Leaving Your Home To Get Away From It Considered Abandonment?

If I Leave The Home To Get Away From It, Will It Be Considered Abandonment?

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There are many misconceptions regarding divorce, and arguably the most common is that of abandonment. Abandonment is the belief that if a person moves out of the marital home even before the divorce is finalized, they will lose rights to their kids or the property. They are afraid that their spouse will accuse them of abandonment. While leaving the marital home may have some negative consequences, this is not one of them.

Abandonment and Michigan No-Fault Divorce

To make it clear, Michigan is a “no-fault” divorce state. As a result, you can get a divorce without having to prove infidelity, cruelty, or any other reason. Your spouse does not even have to consent to the divorce. It just takes one person to attest that a marriage has failed and that there is no possibility for reconciliation.

There is, therefore, no reason to worry about being accused of abandonment. However, there may be further negative repercussions to leaving the marital residence before the divorce is finalized:

Your belongings mysteriously vanish or are destroyed.
Custody and parenting time may be jeopardized.
The residing spouse may obtain an exclusive usage order and replace the locks.
You might need to keep paying child support and contributing to household costs.
Your request to keep your marital residence will be declined.

Leaving a marital house before or during a divorce does not imply that you have lost interest in it. If the situation at home is unpleasant or dangerous, it is advisable to leave. Even if you move out, you may still be entitled to any equity you have in the property. If children are involved, consult with your attorney about getting a temporary parenting time order before or shortly after leaving the house.

Does Leaving the House Before Filing Affect Your Property, Custody, or Alimony Rights?

Leaving the marital residence without contributing to the expenses does not revoke a person’s claim to a portion of the marital assets or custody/parenting time with the kids. However, the court may consider the facts and change the property distribution based on those circumstances. Thus, if there was abuse and a spouse is forced to leave the house, he or she may be entitled to an equal or even bigger portion of the estate. However, a person who just disappeared could be entitled to a lower percentage of the inheritance.

Getting custody of a child might be difficult if a parent hasn’t had contact with or been involved in the child’s life. However, the parent should still be entitled to request parental time with the child. If a parent fails to pay child support, it typically has minimal impact on the parent’s custody or visitation rights. Failing to file for child support, on the other hand, does not preclude a person from seeking child support at any point after the couple divorces. Child abandonment is still a crime, but it only applies when the parent abandons the child, such as by putting it in a dumpster or the wilderness.

Seek Legal Advice from a Michigan Family Law Attorney

Seek legal counsel from an experienced Michigan family law attorney who can guide you through the divorce process and advise you when it is time to leave your home. Call Goldman & Associates immediately or schedule an appointment to discuss your options.

How Hiring An Attorney Can Help You With Retail Fraud Charges

Why You Should Hire An Attorney If You’ve Been Charged With Retail Fraud?

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Retail fraud, sometimes known as shoplifting, is a severe offense that may land you in prison. If you or somebody you know has been suspected of shoplifting in Michigan, you should speak with an attorney as quickly as possible. Regardless of the price of the stolen item, you will need legal advice to avoid criminal prosecution. A Michigan retail fraud charge can harm your future if you do not hire an experienced attorney, and a guilty verdict can harm your reputation. Call an expert attorney right now rather than face a prison sentence or financial damage.

Retail Fraud Attorney in Michigan

Anyone suspected of stealing an item from a retail establishment faces hefty criminal shoplifting charges. Several retail fraud cases include teens, and Michigan courts will not be lenient just because of their age. We have expertise in fighting juvenile crimes such as shoplifting and will fight allegations against juveniles in Michigan criminal proceedings fiercely. You need a lawyer to assist you in dealing with shoplifting allegations, regardless of your age.

If you’re guilty of retail fraud, your future employment and financial opportunities may be significantly affected. Goldman & Associates will work hard to keep you out of jail and ensure that you do not suffer unfairly as a result of a retail fraud charge. If you have been suspected of retail fraud in Michigan, do not talk with police, guard, or loss prevention workers before calling us.

Shoplifting from a Michigan Retail Store

Anyone who steals or tries to steal from a retail establishment is committing retail fraud. You might be found guilty of retail fraud if you even touch an item and staff or shop security assume you meant to take it. Changing the price tags on items to pay less for a product is also considered retail fraud. Any of these offenses may result in a criminal conviction, as well as prison time and fines. Hire a lawyer as soon as possible to defend your Michigan retail fraud case.

The Michigan Penal Code defines three levels of retail fraud for which you might be convicted. All three levels of Michigan shoplifting allegations are pretty serious and will need the services of an expert attorney to fight against harsh criminal sentences. Retail fraud is not a minor offense, as many believe, and it can have serious consequences for your future. Don’t be afraid to contact a lawyer and begin putting up a defense in your Michigan retail fraud case.

Hire a Michigan Criminal Attorney to Fight Retail Fraud Charges

The sooner you consult an attorney, the higher your chances of obtaining freedom. Goldman & Associates provides excellent criminal defense and has established itself as one of Michigan’s leading law firms. Contact us today to set up an appointment with an experienced attorney.

Legal Step-Parent Adoption Process in Michigan

Legal Adoption Process For Step Parents

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In Michigan, adopting a stepchild is a mechanism that blended families can use to safeguard the rights of the stepparents and the children to inheritance, child support, and custody.

Step-parent adoption assists in meeting the needs of children from single-parent homes or blended families. It designates the spouse of the parent who has primary custody of a child to take the role of an absent or incompetent legal parent. In other words, it enables stepparents to assume the position of the child’s legal parent, along with all the responsibilities and rights that the title entails.

Adopting a Stepchild in Michigan

While the adoption procedure in Michigan might be lengthy and full of paperwork, it is not usually as arduous when adopting your stepchild. Many stepparents form a relationship with their stepchildren and want to adopt them as their own.

Stepparents can submit a step-parent adoption application in the family division of the relevant circuit court to defend their rights and those of their stepchild. To accomplish this, the stepparent has to:

Be married to the custodial parent
Prepare the Adoption Petition and any necessary documentation
Sign the adoption petition with the consent of the custodial parent
Obtain recommendation letters for your stepparent adoption
Provide the court with your work, income, and medical information
Undertake a criminal background check
Consult with a social worker for child placement to do a home study
Get the non-custodial parent’s consent or terminate their parental rights
Wait for the adoption to be legally finalized before ordering the Secretary of State to release a new birth certificate

As unbelievable as it may seem, this is just a simplified version of the standard adoption process. It is critical to note that to use this expedited route and avoid court supervision, you must be married to the parent who was given custody under Michigan adoption regulations.

Rights of Step-Parents in Michigan

Stepparents play an important part in their child’s welfare, support, and well-being. They help with schoolwork, look after the child at home, fulfill the family’s needs, and even represent the child’s interests while speaking with physicians and teachers. When everything is going well, there may be no distinction between your child’s biological parent and their step-parent.

However, when a dispute emerges, it brings up the question of whether stepparents have legal rights in Michigan. The simple answer is no. In Michigan, a stepparent is not considered a legal guardian. While the Equitable Parent Doctrine has a few exceptions, Michigan courts typically won’t grant any legal bearing to a bond between a stepparent and stepchild unless there was a stepparent adoption. This can become problematic when:

The custodial parent passes away without designating the step-parent as guardian in his or her will
The biological parent attempts to enforce custody and parenting time rights
The custodial parent breaks off contact between the step-parent and the child during a divorce
The stepparent refuses to help in providing for the child after the separation
The stepparent dies without a will leaving the child without an inheritance.

Speak with a Michigan Family Law Attorney To Help

Adopting a stepchild is never an easy task, both legally and psychologically, and you want to be sure you have everything in order. The experienced attorneys at Goldman and Associates Law Firm are ready to aid and guide you through the process. Schedule a consultation now.

How To Establish Paternity When You Don’t Know Where The Other Parent Is

Establishing Paternity If You Don’t Know Location Of Other Parent

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Establishing a legitimate father is critical for a child born to unmarried parents. Children require parental care and support from the time they are born. If parents do not establish paternity as soon as possible, the child may grow up without the benefits that come with having both parents. By establishing paternity early on, you can give a child the best possible chance in life.

Importance of Establishing Paternity

When paternity is established, the child gains the same rights and privileges as a child whose parents are married. Among these rights and privileges are:

Identity: It is beneficial for youngsters to be familiar with both of their parents, providing the child with a sense of identity.
Family ties: Every child is entitled to have a relationship with both parents. The child may become acquainted with both sides of the family and give the child a sense of belonging.
Financial support: Both parents are required by law to support their kids. Even if parents do not live together, they can share the responsibility of raising their children. When both parents contribute financially, children are more likely to have their needs met.
Benefits: A child is entitled to benefits from both parents. Benefits are crucial if a parent passes away or becomes handicapped. Health and life insurance, Social Security, pensions, inheritance, and veteran’s benefits are a few examples.
Medical information: Understanding the medical history of both biological parents is vital if the family has any health conditions.

How is Paternity Established?

The mother’s spouse is the child’s legal father if the couple was already married at the time of the mother’s pregnancy or when the child was born.

However, unmarried parents must take action to establish paternity. When parents are not married, they have two options for establishing paternity:

Unmarried parents have the option to voluntarily establish paternity. This signifies they’ve agreed to name the child’s father; or
Unmarried parents might request assistance from their local family court in establishing paternity. Typically, this entails DNA paternity testing (also known as genetic testing).

It’s crucial to understand that only when paternity has been confirmed can the father’s name appear on the birth certificate.

Paternity can be established voluntarily by the parents of a child born to an unmarried mother. This can be accomplished by completing an Affidavit of Parentage (AOP) form stating that the man is the biological father. Even if he is married to somebody else, the man may sign the paper.

If the parent establishing paternity is uncertain or does not know where the other parent is, he or she can call a Michigan Department of Health and Human Services (MDHHS) child support specialist at 1-866-540-0008. The specialist will assist you in identifying and locating the prospective father.

The Office of Child Support can also arrange for DNA paternity testing to identify who the biological father is. The Child Support Program can also work with the other state to help establish paternity if you believe the other parent resides outside Michigan.

Contact a Michigan Family Law Attorney for Legal Advice

Paternity orders can be challenging to cope with. Whatever your circumstance is, our family law attorneys at Goldman and Associates can assist you. Contact us today for legal advice and to learn more about how we may help you in establishing paternity if you don’t know where the other parent is. Set an appointment today.

Child Support Following the Death of a Parent

Obligation To Pay Child Support If Ex Dies

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The death of a parent is a devastating event in and of itself, made even more distressing by the financial uncertainties that may accompany it. It’s heartbreaking to contemplate this scenario through the eyes of a child. Even though it is difficult to contemplate, the death of either the custodial or non-custodial parent should be considered.

Death of a Non-Custodial Parent

When a parent paying child support dies, the custodial parent may be concerned about where the money will come from. It is tragic when a parent who has been charged with child support passes away. However, the responsibility to support a child does not die with the parent.

The first source of funds to consider for continuing child support is a life insurance policy. For the surviving parent to lodge a claim, the children or the custodial parent should be specified as beneficiaries on the life insurance policy. Payments can also be obtained by selling a parent’s assets, which might include real estate and stocks.

If the deceased parent worked for a long time, the surviving parent may apply for Social Security benefits on behalf of the child.

As per the Michigan Friend of the Court rules, the only conditions under which child support obligations may be canceled are:

attain the age of majority
is emancipated
enlists in the military
marries
has been adopted
is assigned to the support payer.
dies

According to the FOC regulations, child support duties stop when the payee dies, and no legal duty with a third party is formed.

Death of a Custodial Parent

If the custodial parent dies, deciding child custody gets priority. Potential candidates include the non-custodial parent, grandparents, other family members, and close family friends. Remember, every case is different. Custody or legal guardianship should have been discussed and planned upon by the parents before the custodial parent’s death.

Having a will that specifies these intentions simplifies and expedites the process of creating a new custody arrangement. If the non-custodial parent obtains custody, they may be able to request a child support modification. On top of any Social Security or life insurance payouts, they may request child support from the custodial parent’s estate to meet the cost of child-rearing.

If the non-custodial parent doesn’t take custody after the other parent dies, the person who does may be entitled to file a child support claim against the remaining parent. In this case, the child’s new guardian may be allowed to request financial assistance from the estate of the deceased custodial parent and demand child support payments from the non-custodial parent.

Seeking Legal Counsel from a Child Support Attorney

Legal assistance in understanding these difficult challenges is almost always the best way to proceed in defending the interests of the surviving children. Contact Goldman & Associates for legal guidance on any family law matters, including how a parent’s death impacts child support and custody. Make an appointment today.

Moving Out Of The State With The Children If The Other Parent’s Involvement Is Minimal

Can I Move Out Of The State With My Children If The Other Parent’s Involvement Is Minimal?

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Life can be stressful, especially if you have children and your spouse wants to split with you. When parents decide to divorce, they must create custody arrangements that meet the child’s best interests. If you have custody of your child, moving to another country or state could be the best option for you and your children to live a stress-free life.

Reasons You Can Relocate With Your Child

In most cases, a parent cannot relocate a child to another state or county without first obtaining permission from the court that granted custody. Without the approval of the noncustodial parent, the custodial parent may face a contempt order from the court, which may involve penalties and imprisonment. A judge may even rescind custody orders in favor of the noncustodial parent.

Each state has its own set of legal criteria that its courts must evaluate in relocation disputes. Nonetheless, courts must weigh the advantages of relocating against the disturbance to the noncustodial parent’s visitation rights.

However, the particular factors a court would consider when ruling on relocation will be dependent on the rules of the jurisdiction in which the petition is filed. Nevertheless, courts often consider whether the child will benefit from the out-of-state move, such as an enhancement in general quality of life as a result of:

better job opportunity or higher income for the custodial parent
proximity to the custodial parent’s relatives, who can assist with child care and support
a learning opportunity
a new marriage

The court must then weigh these potential advantages against any negative consequences that a child’s reduced interaction with the noncustodial parent may have.

Petitioning for a Child’s Relocation Case

All Michigan custody orders stipulate that the child’s domicile cannot be relocated outside of Michigan without the court’s permission. This is true whether you have exclusive or shared custody. It holds even if the other parent’s involvement is minimal or approves the relocation. Whether you are moving 25 miles or 2,500 miles away, you must first file a request with the court if you want to move your child out of Michigan.

The other parent will have the opportunity to reply to your petition, and the court will set a hearing where you may explain why you wish to relocate. The other parent will also be allowed to explain why they disagree with the relocation. You will both have the opportunity to present evidence about the 100-mile rule elements and, if applicable, the child’s best interest factors.

The 100-mile rule compels you to obtain the court’s approval before relocating your child’s domicile more than 100 miles from the child’s legal abode when the family court case was filed. Both parents must abide by the 100-mile rule even if the child spends most of his or her time with one parent and the other parent has minimal involvement in raising the child.

You must follow the existing parenting time plan until the judge rules otherwise. Your planned relocation may make maintaining your current parenting schedule impossible. Moving without the court’s permission may violate the parenting time arrangement. You would also violate the requirement to obtain consent before moving, which could land you in hot water with the judge.

Seek Advice From a Michigan Child Custody Attorney

The court plays a vital role in deciding issues and protecting your children’s best interests. However, if you wish to move out of state, you must first consult with your former spouse and get their permission.

Seeking advice from competent legal services such as Goldman and Associates Law Firm can assist you with any family-related issues. Do not hesitate to get in touch with us at (248) 588-3333 or visit our website for online appointments.

Things To Consider When Shopping For A Divorce Attorney

What To Look For When Shopping For A Divorce Attorney

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Divorce can be stressful for most people, but it may be a comfort for others. Before letting go of a relationship, a person will often go through some combination of doubt, shock, and perplexity. Sadly, you also need to pick an attorney while handling the emotional aspects of a divorce.

What to Look for in a Michigan Divorce Lawyer

Finding a decent divorce lawyer may be difficult, but you must do so if it is clear that divorce is unavoidable. Cost, expertise, and client testimonials are all important considerations. However, you should also take into account other important factors, such as the lawyer’s communication skills, perspective on your demands, and your overall comfort level with him or her.

Before you meet with your potential divorce attorney, here are a few things you should consider:

Experience

While this is already obvious, it still requires attention. Ask whether they’ve dealt with situations similar to yours. If so, ask what they were able to obtain for their clients and what they advised the clients to forgo. Divorce attorneys are skilled negotiators, so you should evaluate how well they have handled negotiations in various contexts.

Communication

Among the most common concerns clients have about their divorce attorneys is the feeling of not being able to communicate with them. Everyone has a life outside of work, but your divorce lawyer represents you in a demanding scenario where issues might arise. You should have all of their contact information available in case of emergency. Make sure you tell your lawyer what you need from a communication strategy so everybody is on the same path.

Comfort Level

While it’s not as personal as hiring a therapist, you’re still allowing your divorce lawyer into a very private and traumatic aspect of your life. You must feel at ease carrying things out. You must feel at ease with them as a person, comfortable in their capacity to stand up for you in court, and generally confident in their ability to negotiate on your behalf.

Shopping for a Michigan Divorce Lawyer

Choosing a divorce attorney to represent you will be the most crucial decision you will make during the divorce process. Both competent and ineffective divorce attorneys exist. It’s up to you to conduct your research, ask pertinent questions, and assess whether or not he or she is effective and a good fit for you.

A family lawyer must involve their client in discussions about their circumstances. This covers how the laws of the state your divorce will be finalized may influence or support the facts of their case. A good divorce lawyer will tell you things you may not want to hear.

Consult a Michigan Divorce Lawyer for Assistance

Divorce may be traumatic and generally depressing for a family. A divorce attorney can handle the intricate issues you don’t have time or understanding for. At Goldman & Associates, our divorce lawyers will advocate on your behalf and for the welfare of your family. Get in touch with us or book an appointment for a free consultation.