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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Learn more about what happens when you move out of state with your child.

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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Learn more about the questions you should ask before hiring a divorce lawyer.

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.

What to Expect in Michigan Divorce Mediation

What To Expect In Mediation For Divorce

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Divorce may be a stressful experience. Depending on the couple’s situation, there may be numerous issues to address regarding children, domestic support, and property division. With mediation, there is a chance that you and your spouse can reach an agreement on some of the lingering concerns, making it a more cost-effective way to settle your divorce.

It is possible to work out a mutually beneficial divorce settlement with the assistance of a Michigan divorce lawyer without the need for a protracted, expensive, and traumatic court battle.

What is Michigan Divorce Mediation?

Divorce mediation is the practice of discussing a resolution of divorce-related concerns with the help of a neutral third party. Mediation might be mandated by the court or sought by the couple on their own. The mediator facilitates conversations about a variety of subjects during mediation. While the parties are free to share their ideas and fears, the mediator maintains the parties’ focus on pertinent topics and potential resolutions.

A mediator is not authorized to make choices for the couple. The main purpose of the mediator is to enable open conversations aimed at resolving conflicts. Mediators are educated to assist parties in tackling the issues at hand rather than blaming one another. The mediator assists couples in having civil and effective discussions.

One advantage of mediation is that the parties have greater control over how issues are handled, rather than allowing a court to do so

What to Expect During Michigan Divorce Mediation

Although the conversations during mediation are distinctive to the couple, the divorce mediation procedure is typically the same for all spouses. The mediator usually starts by discussing the mediation process and responding to questions the parties may have. During mediation, the mediator invites each side to take a stance about any problems or issues they wish to address.

The mediator helps the couple in developing a mediation program. The program covers the topics that the parties wish to settle as well as the suggested mediation schedule. Divorce mediation might lead to a settlement after only one session. Some spouses, though, may meet multiple times during divorce mediation to reach an agreement.

The mediator tackles each matter one after the other. The mediator may propose new ideas or approaches to generate more options for addressing each issue. Throughout the discussion, the mediator keeps note of each party’s different proposals.

If the parties achieve a settlement, the mediator will draft a Memorandum of Agreement outlining the terms of the agreement. This agreement will subsequently be included in the final divorce decree. However, if the parties cannot reach an agreement, the case proceeds to a hearing where a judge will express an opinion and issue an order to resolve the disputed matters.

Consult a Michigan Divorce Lawyer for Assistance

Mediators do not give legal advice, and there are times when divorce mediation is not recommended. That is why you should seek the advice of a Michigan divorce lawyer. Our skilled attorneys at Goldman and Associates can help you prepare and guide you on what to expect during divorce mediation. Set up an appointment today.

How To Prepare For Mediation In Michigan

How Do I Prepare For Mediation?

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Mediation draws people from all walks of life. Some couples agree to try mediation first before filing for divorce. Others may have been compelled to participate by a judge. No matter what, we can’t say enough about how important it is to be ready.

Our attorneys at Goldman and Associates Law Firm believe that settling family law disputes in a non-confrontational way is beneficial for all parties. The mediation procedure isn’t for everyone, but it helps if the parties concerned are open to negotiating. To help you win at mediation, our lawyer will help you gather the evidence you need to support your side.

Defining Mediation in Michigan

Mediation is a way of reaching an agreement. It can help you find solutions to problems in your situation. Mediation is a means of resolving a dispute without a judge.

During mediation, both parties discuss the situation with an unbiased mediator. Each of you will get an opportunity to tell the mediator everything you want to transpire in this case. The mediator is not a judge, so he or she won’t say who is right or wrong or make judgments for you. The mediator will help you work out your legal problems and, if it’s possible, try to reach a settlement.

The purpose of mediation is to obtain a fair agreement that is acceptable to all parties. It can be voluntary or ordered by a judge and is most effective when it is voluntary and both parties believe it will aid in the resolution of the issue. However, when the judge requires it, mediation can still be effective.

Preparing for Mediation in Michigan

Mediation is a collaborative effort. The mediator will assist you and the other party in reaching mutual agreements. Here are a few tips for effectively preparing for mediation sessions:

First, you need to get together all of the important paperwork, such as court records from previous cases, prenuptial agreements, and data about your assets and liabilities. To get the most out of your mediation sessions, you’ll want the assistance of one of our attorneys.
If you have children, don’t forget to include a copy of your family’s calendar, which should include all of their regularly planned activities and routines. Arrangements for custody and visitation may depend on where your child needs to live or how busy you or your spouse are at certain times.
Think about what you want to happen and talk to your lawyer about it before the mediation sessions begin. Think about how much you’re prepared to compromise to achieve your goals. Mediation can change, but it always gives people a safe place to think of new ways to solve problems.

Hire a Skilled Michigan Family Law Attorney

Whether you hire us as a mediator or an attorney, we will work hard as your mediator or attorney to negotiate agreements that satisfy your family’s needs. Our experienced attorneys at Goldman and Associates can help you prepare for mediation. Schedule a consultation today.

What You Should Know If You’re Charged With Retail Fraud

What Happens If You’re Charged with Retail Fraud?

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Learn more about Michigan retail fraud.

Retail fraud is one of the most prevalent criminal offenses in Michigan’s criminal justice system. Shoplifters are getting caught more frequently as stores use advanced surveillance systems and high-tech tracking systems, making it far more difficult for the average person to refute these claims.

To make things a bit worse, law enforcement agencies are under pressure from tax-paying business owners to pursue cases vigorously. If you’ve been charged with retail fraud, you must understand that there is still hope and that all retail fraud allegations are defendable.

Michigan Retail Fraud Defined

Under Michigan law, a retail fraud accusation in Michigan can be either a felony or a misdemeanor. A retail fraud case in Michigan may be quite challenging. It is critical to consult with a retail fraud lawyer to understand your alternatives. A skilled criminal defense attorney might be the difference between a criminal conviction and a clean criminal record.

Retail fraud happens when a person purposefully commits one of the following acts in a retail store:

alters, transfers, replaces, hides, or otherwise misconstrues the price of an item to avoid paying for it or to pay less than the real price; or
steals a retail item; or
with the intent to deceive, obtain, or try to collect money or store goods as a refund or replacement for goods not purchased from that establishment

The criminal sanctions for Michigan retail fraud vary according to the degree of retail fraud prosecuted under the penal code. As a result, there are several variables to consider when determining what sentence you would receive if convicted of retail fraud charges under Michigan law.

Criminal Sanctions for Michigan Retail Fraud

In Michigan, there are three degrees of retail fraud based on the amount of the product stolen and a person’s past criminal record.

1st degree retail fraud is a felony offense punishable by up to 5 years of imprisonment and/or a $10,000 fine (or three times the value of the stolen goods). 1st degree retail fraud can be charged in the following situations:

The stolen goods being sold are worth $1,000 or more; or
The stolen goods being sold are worth $200 or more but less than $1,000, and the offender has a prior retail fraud record.

2nd degree retail fraud is a misdemeanor offense punishable by up to 1 year of imprisonment and/or a $2,000 fine (or three times the value of the stolen goods). 2nd degree retail fraud can be charged in the following situations:

The stolen goods are worth $200 or more but less than $1,000; or
The stolen goods are worth less than $200, but the offender has a prior retail fraud record.

3rd degree retail fraud is a misdemeanor offense punishable by up to 93 days of imprisonment, a $500 fine (or three times the value of the stolen goods), and possible probation. 3rd degree retail fraud is charged when the value of the stolen item being sold is less than $200 and the offender has no previous retail fraud convictions.

Choose the Best Lawyer for Your Michigan Retail Fraud Case

If you are charged with retail fraud by the authorities, hiring a criminal defense attorney will help guarantee that your rights are protected during this process. Contact Goldman & Associates today or schedule an appointment to discuss how we can help you fight these allegations.

Non-Custodial Fathers Getting More Parenting Time in Michigan

How Can Fathers Get More Parenting Time?

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Learn more about how Michigan courts decide parenting time.

The best way to create a strong relationship with someone you care about is to spend time with them. There is no such thing as “too much time” for a father when it comes to spending time with his child. One of the most heartbreaking aspects of getting divorced is not having contact with your child for a significant portion of his or her life.

Any sensible father who has to cope with court-mandated parenting time desires more time with their children. If you are the non-custodial parent, you must obtain your ex’s permission for any extended visitation request you want. The only other thing you can do is petition the court to give you more parenting time.

Petitioning to Get More Parenting Time

By demonstrating your willingness and ability to adhere strictly to the court’s current orders, you stand the best chance of winning a petition for more parenting time. Always make sure to be on time or slightly early for every scheduled visitation. If you can’t make it on time, contact your ex and inform them politely of why you will be late and how late you will be.

The next step is to retain copies of every conversation you have with your former spouse, including voice recordings, notes, and everything else you can think of. Any time you decide to create a petition in favor of more parenting time, you run the risk of having an entire Ford F-150 hurled back at you because no custodial parent wishes to give a father more time with their children. You’ll need documentation that you were polite, obeyed the rules, and that your former spouse was the one who caused problems.

Understand the Legal Grounds for Parenting Time

If a court-ordered parenting time arrangement is contested by either parent, most appeals are ruled out because they lack a legitimate basis for requesting a change. In general, the law requires that you demonstrate:

That you, your former wife, or your child’s life has changed significantly, and
That this change in circumstances has had an effect on your child makes it best for the child for you to have more parenting time.

The first point in the bullet is significant because it implies that you cannot justify a change in parenting time simply because you have discovered a new way in which your ex is a complete loser. There must be a significant change in your situation to justify the petition.

Seek the Services of an Experienced Michigan Family Law Attorney

There is a solid reason why lawyers exist. The law can be difficult to understand, courtrooms can be daunting, and a single misstep can have a profound impact on your life’s direction. If you want more parenting time with your child but are limited to what the court permits, contact and schedule an appointment with Goldman & Associates today.

Can Someone Be Forced To Sell Their Marital House During Divorce?

Can I Be Forced To Sell My House In A Divorce?

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One of the most difficult issues for the parties to resolve is how to handle the marital house. A married couple’s marital house is often one of their most valuable assets. Furthermore, there are frequently sentimental considerations involved. In some cases, one party may think that they were the one who contributed the most towards purchasing or developing the property. In other circumstances, one spouse may wish to keep the house so the children can remain in the same school and have a secure environment.

Do You Have to Sell Your Marital House?

In most circumstances, you will not be forced to sell your house during a divorce. If you’re divorcing in Michigan, the question of whether or not you have to sell your house often arises since spouses develop attachments to certain parts of the house. As a parent, you may prefer that your children complete their education in the same school or district where you live. When this happens, usually one spouse will “buy out” the other spouse’s share of the home. To calculate equity, the courts will take the assessed value of the property and subtract all loans on it, such as mortgages and tax liens. After that, whoever keeps the house owes the other spouse half of the equity.

Most of the time, the court won’t count a real estate agent’s commission when figuring out how much the home is worth. Unless a sale is close, Michigan family courts have consistently held that a commission should not be included in the appraisal because it is too subjective. This means that if you’re going to keep the marital house, you’ll have to pay the entire commission when you sell it. That’s a significant profit for the spouse who doesn’t keep the house and a huge price to pay for the spouse who does because they’ll have to pay the entire commission rather than half of it.

How the Courts Will Handle Your Marital House

When splitting marital assets, like the house, the court has several options. Occasionally, the judge will give the marital home to one of the spouses. That spouse will then have to refinance the loan to pay the other spouse his or her share of the equity and get the other spouse off the hook for the mortgage.

If neither spouse can refinance for a higher mortgage, the court may order to sell the house and split the equity. Even if both spouses wish to keep the house or cannot agree on its value, the judge may nevertheless order its sale.

Let Our Michigan Divorce Lawyers Help In Keeping Your Marital House

Each divorce is unique and presents its own set of obstacles. Regardless of your circumstances, if you wish not to sell your marital house, contact Goldman & Associates to design a divorce strategy. Set an appointment for a free consultation today.

What You Need to Know About High Net Worth Divorces and Alimony

Does Net Worth Affect Alimony?

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Learn more about alimony in Michigan.

Every divorce has its challenges, but high net worth divorces are much more challenging. If you have a lot of money, the decisions you make during your divorce might have a significant impact on your financial future. There is just too much at stake for you to try to handle your divorce on your own. Instead, seek legal counsel from the experienced high net worth divorce lawyers at Goldman & Associates.

Alimony and Property Division in a High Net Worth Divorce

Spousal support, often known as alimony, is money paid by one ex-spouse to the other during or after a divorce. Alimony is meant to ensure that each spouse’s financial needs are addressed throughout and after the divorce process. Your individual circumstances will determine the amount, frequency, and length of spousal support.

During a divorce, a couple’s assets and liabilities are classified as marital or separate property. Generally, the court will allow each spouse to keep ownership of their separate property. Marital property, on the other hand, must be divided equally between the two spouses.

When it comes to the distribution of marital property, the term “equitable” does not always imply “equal.” The court must ensure that each party receives their fair share, whether that amount is equal or uneven.

Since there is so much at stake, having an experienced family law attorney on your side during a high net worth divorce is essential. Our attorneys are committed to negotiating a favorable property settlement agreement on your behalf.

Factors Considered When Determining Alimony

In many high net worth divorce situations, alimony is a controversial subject. This is because the spouse with a lower net worth may request an excessive amount of spousal assistance each month. Outside of the courts, you and your spouse can have the option to try to strike an agreement. However, if your spouse is requesting excessive alimony, you may need to go to court.

When deciding whether or not to grant alimony, the court will examine several criteria. Among these elements are:

The duration of the marriage
Each spouse’s behavior during the marriage
Each party’s income and earning potential
The property settlement
The health and specific needs of each party
What each spouse contributed to the marriage
The quality of life experienced by both spouses during the marriage

In certain situations, the court may rule that the spouse with the lesser net worth has the right to maintain the same standard of living they enjoyed throughout the marriage. This might lead to the judge ordering you to pay an excessive amount of spousal support. This is yet another reason why you will want the services of our attorneys to protect your rights and guarantee that you are handled appropriately by the court.

Call Now For A Free Consultation With Our High Net Worth Divorce Lawyers

If you are considering a high net worth divorce in Michigan, you should consult with an experienced family law attorney. Our firm has a representative available to speak with you right away. Contact Goldman & Associates Law Firm to learn more about our services. Schedule an appointment today.