How Long Does A Domestic Violence Charge Stay On Your Record In Michigan?

There’s an old expression you have heard a lot of times over the years. Your parents may even have told you at least once.

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“To err is human, to forgive, divine.”

People make mistakes but forgiveness is left to higher power.

If you commit a crime like domestic violence how long does it stay in your record.

Misdemeanor like any other misdemeanor is not just going to fall off from your record like some traffic ticket.

It’s going to stay on your record forever, unless steps are taken to remove it from your record. There are some kinds of cases that can be removed, some not.

In your jurisdiction, you’ll have to find out whether or not a domestic violence case can even be removed from your record. In many jurisdiction it cannot

The logic to this is if you remove domestic violence from your record then the second or third offense would have no meaning if the first one falls off automatically.

So it’s really a question of what jurisdiction you’re in and what exactly are the offenses

But don’t be surprised if domestic violence is the kind of charge not subject to removal.

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.

 

Michigan Court: Defining Joint Custody In Michigan

What Is Joint Custody In Michigan?

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Learn more about joint custody in Michigan.

Even after a divorce, Michigan law urges parents to stay involved in their children’s lives. To begin, courts in some states presume that joint custody is in the child’s best interests from the outset of any custody dispute. However, in Michigan, the law only requires the court to notify both parents of the possibility of joint custody and to seek joint custody if one or both parents desire it.

Defining Joint Custody in Michigan

If a parent has joint custody, that parent has the right to make decisions about the child’s everyday life during his or her parenting time. Both parents must have equal access to their minor child’s medical, educational, religious, governmental, and other vital records.

If the child is with one parent and has a serious illness, emergency, or other significant events, the other parent must be notified immediately. The parties must also agree on any vaccinations and medical procedures. The parties will act in a way that is in the best interest of their kids. It is critical to establish a joint custody arrangement to guarantee that both parents spend equal time with their children.

When is Joint Custody a Bad Idea?

All custody disputes revolve around the best interests of the children involved. In most Michigan family courts, joint custody is more or less the norm. If one parent demands joint custody, it is frequently granted unless the other parent can demonstrate that it is not in the child’s best interests. If joint custody is not the best option, you and your attorney must demonstrate the risks of giving custody to your ex-spouse. Below are red flags the court should consider when awarding custody:

  • When one parent hasn’t been around or hasn’t been involved in the child’s life
  • When a child is less than six months old and nursing or less than one year old and getting most of its nourishment from nursing, it shouldn’t be separated from its mother for long periods
  • If the child has a disability that gets worse when their routine changes
  • If one parent doesn’t have a stable place for the child to live
  • If a parent has a mental condition that makes it hard for them to make good choices
  • When a parent’s physical disability prohibits them from caring for their child despite reasonable accommodations
  • When parties have trouble agreeing on child-related matters
  • When one or both parties have a history of domestic violence

Contact a Michigan Family Law Attorney for Legal Advice Regarding Child Custody

Decisions about child custody must be handled on a case-by-case basis rather than relying on default assumptions. Goldman and Associates‘ Michigan family law attorneys can assist you in evaluating your options and crafting a custody arrangement that represents your needs as well as your child’s best interests. Schedule a consultation with one of our competent lawyers today.

Where And When Can I File For Divorce in Michigan?

The issue of where and when someone can file divorce is always something that comes up. It becomes an important issue for a couple who changed residency from Michigan to somewhere else and then came back.

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Imagine this for a moment.

As a couple, you lived your whole married life in Michigan. Owned houses in Michigan. You used to have a Michigan driver’s license. You left Michigan with the intent to relocate. Unfortunately, it didn’t work out.

Now you move back to Michigan. You decide you’re getting a divorce. You’ve only been in Michigan for a month. 

The question is, can you file your divorce in Michigan on the strength of your whole life having been in Michigan? Can you file it immediately as soon as you’re settled in? Or do you have to wait for the statutory residency period of six months before you can file? 

Is there a work around for statutory residency in Michigan?

And the answer is, there’s no work around.

You have to wait until you’re here for six months.

Residency is determined by your intent to permanently reside in a place. That’s how you establish statutory residency in Michigan.

If your intention when you left was just to go on vacation, that’s no big deal.

If the intention was getting married and permanently going to Utah for example, and then you returned to Michigan because it didn’t work out, there’s no work around. 

You’re going to have to wait to have Michigan retake the jurisdiction which it relinquished.

Statutory residency is going to take a period of six months.

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

 

Do You Need An Aggressive Divorce Lawyer In Michigan?

People tend to look at lawyers like somebody they can pay to pick a fight for them. They go around calling people trying to find a lawyer who is aggressive.

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Are you one of those? Are you one of those going around saying ”I want an aggressive lawyer.”

I want a lawyer who’s a fighter

I want a lawyer who will go to battle for me

People tend to express themselves in military terms when they talk about lawyers.

There’s one lawyer whose letterhead had a shark on top of it as if to say he is a shark of a lawyer. Why would someone put an image of a shark on their letterhead?

They may be doing this because of client issues or catering to client perceptions. In other words, the client wants to be made to feel like “this is my lawyer”. 

“I need an aggressive lawyer!”

The question is, do you really need an aggressive lawyer?

Is that what you truly want?

We’ve seen shows like LA Law, you’ve watched Boston Legal, MCI and all those legal slash police programs on TV.  A lot of people watched the trials of Amber Heard and Johnny Depp.

People watch actors playing lawyers, and think “oh that is what I need”.

“I need an aggressive lawyer.”

Here’s the thing about aggression. It’s a very poor substitute for intellect.

So when you look for a lawyer don’t look for somebody who’s a hothead. Who’s gonna scream at everybody. This is the kind of aggression that may well turn against you as a client during trial. That’s really something that you don’t want.

Here’s something you do want.

Obviously you want somebody who has a reputation for knowledge of the law. You want somebody who you identify with. Somebody who you have a rapport with. He should be someone you can work with on this project successfully. A case by definition is a project. You need to work successfully with your lawyer on this project.

The more important thing is not about having an aggressive lawyer. It’s about an attorney whose vision of the case is the same as yours.

If you both have the same vision of where your case is going to go, then it’s simple to map out the steps necessary to get from point A to point B. Point B being the desired place. Your point B can be an acquittal, the custody of your kids, more parenting time or a successful resolution of your divorce.

Aggressive doesn’t mean anything. 

The court has seen all the lawyers. The guys and the ladies who do this for a living are before the court all the time. The court is very familiar with these lawyers’ style and their tactics. The court is not easily impressed with a lawyer barking over another.

The loudest guy in the room is usually not the smartest guy. What you really want to do is make sure you have somebody you have a rapport with? Someone who shares your vision and has a plan on how to get there. It’s really the key.

If you get that, you can trump any aggressive lawyers around.

At the end of the day that is what will carry you across the finish line.

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.

 

Do It Yourself Divorce In Michigan? We���ll review your paperwork at no cost!

Divorce comes at a price. Lawyers have fees. Courts have processes. Would you like to do your divorce yourself? Let���s review your paperwork first at no cost before you do.

Click here to watch the video on Do It Yourself Divorce In Michigan? We���ll review your paperwork at no cost

Can you really do a divorce yourself?

In some cases you probably can. There are certain areas of the law for which the court does not permit self-representation.�� Divorce is not one of them.

So technically, you could represent yourself

You could get the papers. You could fill them out. You have to understand certain things though. If you do your own divorce, there are certain designations the court requires. There are requirements in the filing of divorce paperwork in order for the court to channel documents in the right way.

If you have no children the court gives the case a shorter life cycle than if you have children. The court gives more time in cases with children because there are more things going on in a divorce with children. In these cases, you will find the court is involved. There is the matter of determination for custody, parenting time, and child support. All of these things you don���t have when there���s no children involved.

When you file your case, you have to properly designate it as a case with or without children.

How do you do that?��

There���s a sort of a suffix that���s put on all papers during filing. There���s a case number you need to get. The clerk of court designates a case number and stamps it with an appropriate suffix .

The suffix is DM which is divorce for children or DO a divorce with no children.

Let���s break it down more clearly.

DM is designated Divorce, Minor Children. Any and all requests for divorce, separate maintenance, or annulment that involve young children. Additionally used for intrastate custody, maintenance, and divorce, custody, and post-judgment transfers when young children are involved.

DO is Divorce, No Children. Any and all requests for divorce, separate maintenance, or annulment in the absence of young children. When there are no young children involved, it is also used for intrastate transfers of post-judgment divorce complaints.

If you write and designate DO and you have children in your case, you will be in the Bermuda Triangle in the clerk of court���s office. The clerk of court will spit your papers�� back. They���ll say it���s no good. They���ll catch up on you three months down the road and make you sign the papers all over again.

All these crazy things can happen. All because you got the wrong suffix.

Here���s a piece of advice:

Number one. You have to appropriately designate your case.��

Number two. You have to realize you may or may not need a divorce depending on your situation. When we say divorce, It means there���s a legal marriage that precedes it

You���re living with someone and you never had the benefit of marriage. In other words, you never actually had a ceremony. You may be living with your family in your property with your children. Such a situation does not qualify for a divorce.

In Michigan living with someone doesn���t count. It doesn���t count for the purposes of marriage and for the purposes of divorce. So you always have to ask yourself, do I need a divorce in the first place?

You have to look at your life situation and make that determination

Here���s another issue.

You have children. The children are now grown and they are above the age of majority. You���re thinking this could be DM. Even though you had children, the case is not a DM. The court won���t need to decide anything about the kids. They���re adults. Your situation will be designated as a DO case.

The point is you have to be careful about all of these things

There���s another issue with people when they do divorces. There are certain things that have to be in there, if you���re going to allege opportunity to get those things

For example, you���re somebody who wants to get alimony or what we call spousal support. You are obligated to put appropriate provisions in your complaint for divorce seeking with the alimony. If you fail to do so, you may be barred from ever getting it, even if otherwise you deserve the alimony.

You can do these things yourself but there are pitfalls associated with doing it yourself.

You have to be very very careful.

If you want to do it yourself, here’s some suggestions.

Put the paperwork together based on your forms or whatever documents you have. Send it to your lawyer. Law firms can give you an opinion about this. Goldman and Associates offers a review of these divorce documents at no cost. Try it out.

The law firm can take a look at your documents. By availing of this service, you will have another set of eyes. These fresh sets of eyes will at least help you get it right. It will ensure the right things are alleged. You get the right suffix, DM or DO. You get the right court you���re supposed to send it to. There are rules about that too.��

If you���re going to do this on your own, better not mess it up so badly. You shouldn���t put yourself in a situation where your mess results in something not retrievable and not salvageable.

Goldman and Associates can provide you assistance at no cost. The firm���s counselors can take a look at what you have put together. At least you���ll be able to get guidance.

Check if you���re going down the right direction.��

If you do that, it will save yourself a lot of aggravation in the long run.

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.

 

Do It Yourself Divorce In Michigan? Well review your paperwork at no cost!

Divorce comes at a price. Lawyers have fees. Courts have processes. Would you like to do your divorce yourself? Lets review your paperwork first at no cost before you do.

Click here to watch the video on Do It Yourself Divorce In Michigan? Well review your paperwork at no cost

Can you really do a divorce yourself?

In some cases you probably can. There are certain areas of the law for which the court does not permit self-representation. Divorce is not one of them.

So technically, you could represent yourself

You could get the papers. You could fill them out. You have to understand certain things though. If you do your own divorce, there are certain designations the court requires. There are requirements in the filing of divorce paperwork in order for the court to channel documents in the right way.

If you have no children the court gives the case a shorter life cycle than if you have children. The court gives more time in cases with children because there are more things going on in a divorce with children. In these cases, you will find the court is involved. There is the matter of determination for custody, parenting time, and child support. All of these things you dont have when theres no children involved.

When you file your case, you have to properly designate it as a case with or without children.

How do you do that?

Theres a sort of a suffix thats put on all papers during filing. Theres a case number you need to get. The clerk of court designates a case number and stamps it with an appropriate suffix .

The suffix is DM which is divorce for children or DO a divorce with no children.

Lets break it down more clearly.

DM is designated Divorce, Minor Children. Any and all requests for divorce, separate maintenance, or annulment that involve young children. Additionally used for intrastate custody, maintenance, and divorce, custody, and post-judgment transfers when young children are involved.

DO is Divorce, No Children. Any and all requests for divorce, separate maintenance, or annulment in the absence of young children. When there are no young children involved, it is also used for intrastate transfers of post-judgment divorce complaints.

If you write and designate DO and you have children in your case, you will be in the Bermuda Triangle in the clerk of courts office. The clerk of court will spit your papers back. Theyll say its no good. Theyll catch up on you three months down the road and make you sign the papers all over again.

All these crazy things can happen. All because you got the wrong suffix.

Heres a piece of advice:

Number one. You have to appropriately designate your case.

Number two. You have to realize you may or may not need a divorce depending on your situation. When we say divorce, It means theres a legal marriage that precedes it

Youre living with someone and you never had the benefit of marriage. In other words, you never actually had a ceremony. You may be living with your family in your property with your children. Such a situation does not qualify for a divorce.

In Michigan living with someone doesnt count. It doesnt count for the purposes of marriage and for the purposes of divorce. So you always have to ask yourself, do I need a divorce in the first place?

You have to look at your life situation and make that determination

Heres another issue.

You have children. The children are now grown and they are above the age of majority. Youre thinking this could be DM. Even though you had children, the case is not a DM. The court wont need to decide anything about the kids. Theyre adults. Your situation will be designated as a DO case.

The point is you have to be careful about all of these things

Theres another issue with people when they do divorces. There are certain things that have to be in there, if youre going to allege opportunity to get those things

For example, youre somebody who wants to get alimony or what we call spousal support. You are obligated to put appropriate provisions in your complaint for divorce seeking with the alimony. If you fail to do so, you may be barred from ever getting it, even if otherwise you deserve the alimony.

You can do these things yourself but there are pitfalls associated with doing it yourself.

You have to be very very careful.

If you want to do it yourself, here’s some suggestions.

Put the paperwork together based on your forms or whatever documents you have. Send it to your lawyer. Law firms can give you an opinion about this. Goldman and Associates offers a review of these divorce documents at no cost. Try it out.

The law firm can take a look at your documents. By availing of this service, you will have another set of eyes. These fresh sets of eyes will at least help you get it right. It will ensure the right things are alleged. You get the right suffix, DM or DO. You get the right court youre supposed to send it to. There are rules about that too.

If youre going to do this on your own, better not mess it up so badly. You shouldnt put yourself in a situation where your mess results in something not retrievable and not salvageable.

Goldman and Associates can provide you assistance at no cost. The firms counselors can take a look at what you have put together. At least youll be able to get guidance.

Check if youre going down the right direction.

If you do that, it will save yourself a lot of aggravation in the long run.

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.

 

Do It Yourself Divorce In Michigan? We’ll review your paperwork at no cost!

Divorce comes at a price. Lawyers have fees. Courts have processes. Would you like to do your divorce yourself? Let’s review your paperwork first at no cost before you do.

Click here to watch the video on Do It Yourself Divorce In Michigan? We’ll review your paperwork at no cost

Can you really do a divorce yourself?

In some cases you probably can. There are certain areas of the law for which the court does not permit self-representation.  Divorce is not one of them.

So technically, you could represent yourself

You could get the papers. You could fill them out. You have to understand certain things though. If you do your own divorce, there are certain designations the court requires. There are requirements in the filing of divorce paperwork in order for the court to channel documents in the right way.

If you have no children the court gives the case a shorter life cycle than if you have children. The court gives more time in cases with children because there are more things going on in a divorce with children. In these cases, you will find the court is involved. There is the matter of determination for custody, parenting time, and child support. All of these things you don’t have when there’s no children involved.

When you file your case, you have to properly designate it as a case with or without children.

How do you do that? 

There’s a sort of a suffix that’s put on all papers during filing. There’s a case number you need to get. The clerk of court designates a case number and stamps it with an appropriate suffix .

The suffix is DM which is divorce for children or DO a divorce with no children.

Let’s break it down more clearly.

DM is designated Divorce, Minor Children. Any and all requests for divorce, separate maintenance, or annulment that involve young children. Additionally used for intrastate custody, maintenance, and divorce, custody, and post-judgment transfers when young children are involved.

DO is Divorce, No Children. Any and all requests for divorce, separate maintenance, or annulment in the absence of young children. When there are no young children involved, it is also used for intrastate transfers of post-judgment divorce complaints.

If you write and designate DO and you have children in your case, you will be in the Bermuda Triangle in the clerk of court’s office. The clerk of court will spit your papers  back. They’ll say it’s no good. They’ll catch up on you three months down the road and make you sign the papers all over again.

All these crazy things can happen. All because you got the wrong suffix.

Here’s a piece of advice:

Number one. You have to appropriately designate your case. 

Number two. You have to realize you may or may not need a divorce depending on your situation. When we say divorce, It means there’s a legal marriage that precedes it

You’re living with someone and you never had the benefit of marriage. In other words, you never actually had a ceremony. You may be living with your family in your property with your children. Such a situation does not qualify for a divorce.

In Michigan living with someone doesn’t count. It doesn’t count for the purposes of marriage and for the purposes of divorce. So you always have to ask yourself, do I need a divorce in the first place?

You have to look at your life situation and make that determination

Here’s another issue.

You have children. The children are now grown and they are above the age of majority. You’re thinking this could be DM. Even though you had children, the case is not a DM. The court won’t need to decide anything about the kids. They’re adults. Your situation will be designated as a DO case.

The point is you have to be careful about all of these things

There’s another issue with people when they do divorces. There are certain things that have to be in there, if you’re going to allege opportunity to get those things

For example, you’re somebody who wants to get alimony or what we call spousal support. You are obligated to put appropriate provisions in your complaint for divorce seeking with the alimony. If you fail to do so, you may be barred from ever getting it, even if otherwise you deserve the alimony.

You can do these things yourself but there are pitfalls associated with doing it yourself.

You have to be very very careful.

If you want to do it yourself, here’s some suggestions.

Put the paperwork together based on your forms or whatever documents you have. Send it to your lawyer. Law firms can give you an opinion about this. Goldman and Associates offers a review of these divorce documents at no cost. Try it out.

The law firm can take a look at your documents. By availing of this service, you will have another set of eyes. These fresh sets of eyes will at least help you get it right. It will ensure the right things are alleged. You get the right suffix, DM or DO. You get the right court you’re supposed to send it to. There are rules about that too. 

If you’re going to do this on your own, better not mess it up so badly. You shouldn’t put yourself in a situation where your mess results in something not retrievable and not salvageable.

Goldman and Associates can provide you assistance at no cost. The firm’s counselors can take a look at what you have put together. At least you’ll be able to get guidance.

Check if you’re going down the right direction. 

If you do that, it will save yourself a lot of aggravation in the long run.

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.

 

Understanding Juvenile Assault & Battery Charges in Michigan

What is Juvenile Assault & Battery in Michigan?

Click here to watch this on YouTube.
Learn more about assault and battery in Michigan.

Children aren’t perfect, and they’re bound to make mistakes. When kids get into confrontations, they sometimes argue, threaten each other, and fight over what happened. If they aren’t careful, some teens could end up being arrested and charged with assault and battery for something as simple as going too far in an argument.

Goldman and Associates Law Firm has litigated hundreds of assault and battery matters in adult and juvenile courts. We have the skills and experience to negotiate at both levels of court and get our clients the best possible outcome.

Juvenile Assault and Battery Charges in Michigan

Assault is when you do something that would make a rational person think you were going to hurt them or rudely touch them. It’s not enough to have an exaggerated sense of dread or a feeling that harm will eventually come. It should be immediate and reasonable at the same time. The mere use of derogatory language does not constitute an act of assault. But a threat like “your wallet or your life” could be considered an assault. Even if the defendant is unable to commit the act, it doesn’t matter as long as the victim has a good reason to believe that they are.

On the other hand, battery is when someone does something on purpose that hurts or offends someone else. The term “harmful” refers to anything that causes pain, injury, or deformity. Yet, “offensive” can be as mild as spitting on someone and still be considered a battery.

Assault and battery are violent crimes that can result in harsh punishments if convicted. When someone is charged with assault or battery, it is because he or she sought to inflict physical injury (assault), which resulted in actual contact, such as punching someone (battery). Depending on how bad the physical attack was, a minor who is charged with assault may be charged as an adult.

Criminal Penalties for Juvenile Assault and Battery in Michigan

The majority of cases involving juvenile offenders are handled by a juvenile court, which has the authority to impose alternative penalties that do not include jail time or permanent criminal records. In many cases, these programs prevent minors from ending up in prison.

Depending on the severity of the arrest, a minor may be tried as an adult for the crimes they committed. When a minor is convicted as an adult, they face significantly heavier consequences than if they were charged in juvenile court. Adult battery charges can result in up to 15 years in prison and fines of up to $5,000. 

If a child is punished in this way, they will never have a “normal” life. These changes will hurt their personal and professional reputations, making it harder for them to fit in with society in the future.

Contact Goldman and Associates for Juvenile Criminal Defense

Goldman and Associates‘ criminal defense lawyers will work hard to achieve the best possible outcome in a juvenile assault and battery case. We will advocate for a juvenile’s right to alternative sentencing options that will safeguard their future. Contact us immediately or make an appointment for a free consultation.

What To Do After You Decide To File For Divorce in Michigan?

Lawyers play a very crucial role in the divorce process but they don’t begin to play that role until you decide that you want to get divorce. 

Click here to watch the video on What To Do After You Decide To File For Divorce in Michigan?

Lawyers are not part of the decision-making process to divorce or not to divorce. 

When people are considering divorce, they start thinking a certain way. They’re thinking of doing this and  thinking of doing that. They vacillate between questions of, should I do this? Should I do that? They’re wondering how to handle their husband, how to handle their wife.  Not really deciding to get divorce.

While lawyers are also called counselors and they have the ability to give certain advice, most divorce lawyers don’t want the responsibility of coaxing someone one way or another. 

 

They don’t want an appearance that would seem like they’re trying to convince you to get divorce so you’ll buy their firm’s products so to speak.  Hire us to represent you.

Lawyers avoid such conflicts of interest by telling you to speak to a marriage counselor, speak to your mom, speak to a priest, speak to your girlfriends, boyfriends, and your social circle. Figure it out already.

By the time you get to your lawyer’s office and seat in chairs across his table, that decision is already made

Your lawyer is not  part of that process. What lawyers can do is wait until you make your decision. After that decision is made, here’s what you will do.

Once you decide to get divorce, your lawyer will give you some advice on how best to protect your assets between now and the time the court freezes everything.

Your lawyer will get you up to speed on what you should or should not do to avoid having your spouse for example liquidate the bank accounts, or run up the charge cards.

You will get appropriate advice on how you can better put yourself in a position with respect to custody issues. These are important advice family law firms can give

You can have all the advice you need, once the decision has been made to get divorce. Until you made that decision you really shouldn’t be seeking divorce advice.  It somewhat taints your process.

Your process should be toward making your marriage salvageable. Is your marriage salvageable?

If the answer is still yes.

Don’t have divorce lawyers whispering in your ears. Work on salvaging your marriage. Can your marriage be saved? Maybe it can be. Maybe it’s just something that needs to be tweaked. Some small thing that you can do to put it back on course.

When you’re flying an airplane, pilots will tell you that if you’re just off by a little bit in terms of your pathway, you can end up thousands of miles off course.

The same is true with your marriage.

You can end up way off course from where you want to be if there’s some adjustment you failed to make. Pilots in the sky are always making adjustments to make sure they’re back on course. And you might have to do too in your marriage.

It may be something you can tweak. Maybe your situation is salvageable.

Or, maybe it is not.

There is nothing left to save, the fabric of your marriage is worn through and through, and there’s nothing left.Then of course you can contact your lawyer. 

Your lawyer will help you along the way as it relates to the legalities of protecting your rights.

The decision to divorce or not to divorce is yours and yours alone.

Let’s hope those decisions are made wisely and judiciously.

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.

 

What Does Parental Kidnapping Entail in Michigan?

What is Considered Parental Kidnapping in Michigan?

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Learn more about parental kidnapping in Michigan.

It is no longer uncommon to hear about a person being kidnapped and released in exchange for a ransom. However, did you know a parent can also be accused and convicted of parental kidnapping? Sadly, this seems to happen most often when a separated or divorced couple has a set schedule for parenting time, but one parent doesn’t stick to it. If one parent plans to keep and hide a child from the other parent, they could be convicted of the crime, which could lead to fines or jail time.

Defining Parental Kidnapping In Michigan

Parental kidnapping happens when one parent takes a child from the other parent without the other parent’s permission, breaking the custody agreement.

Parental kidnapping is a serious crime in Michigan. The Parental Kidnapping Prevention Act is outlined in Michigan Compiled Laws 750. Section 350a states that a parent can’t take a child for more than 24 hours to hide the child from the other parent.

Parental kidnapping is a felony in the state. If a parent in Michigan is found guilty of abducting their child, they could face serious consequences. A parent who kidnaps their child faces a $2,000 fine, up to a year in prison, or both. Under federal law, a parent who takes a child out of the United States without the custodial parent’s consent  can be charged with a crime and sent to prison for up to 3 years if they are found guilty.

A parent in Michigan may be exempt from a parental kidnapping accusation if they can demonstrate that the other parent endangered the child and that the child requires their protection. A court may rule on a verdict after evaluating the child’s conditions beyond a reasonable doubt.

Preventing Parental Kidnapping

Parental kidnapping is not an unusual occurrence. There’s a good chance they’ve been deprived of custody or are enraged and wish to cause harm to the other parent. Whatever the circumstances, parental kidnapping is a federal offense and a felony in the state of Michigan. Parental kidnapping can be avoided in many situations.

Being well-prepared is your best line of protection. Emergency custody orders are available in most states if you’re worried about the other parent taking your children away without your permission. You can request a clause in the order that prevents the other parent from taking your kids out of state, or that they only be permitted supervised visitation.

If you have custody, ensure that school officials, daycare workers, and anyone else who has contact with your child has a copy of the custody orders. They can be given clear instructions not to disclose the child or any child-related information to the non-custodial parent. Any friend or family member who supports or assists a parent in hiding a child should be made aware that their actions may be considered a crime punishable by law.

Contact a Michigan Divorce Lawyer Today

An allegation of parental kidnapping is serious business that demands the help of an experienced defense attorney. If you or a loved one has been charged with a crime, do not hesitate to contact the seasoned family law attorneys at Goldman and Associates for the best possible defense. Book an appointment today!