How Do Mental Health Concerns Impact Child Custody Decisions – Michigan Lawyers

What bearing do mental disorders have on custody decisions? Where the child will thrive in a custody dispute is decided by the court. The court ultimately decides the custody of the child. One parent must prevail over the other in this situation. Child custody is affected by mental health difficulties. Even if it’s not your fault, it might still be taken into account when deciding who gets custody. How do mental health concerns impact child custody decisions?

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You cannot choose to stop the condition, unlike with drug addiction. Both inherited and experiential factors might contribute to mental health difficulties. Even dealing with reasons or origins is not necessary for the court to address. The court just needs to acknowledge that mental health difficulties exist. It will be necessary to address those mental health difficulties. Court proceedings on child custody may be postponed until then. The other parent may receive temporary custody as a result.

What is mental health and mental illness?

Our mental health. Our emotional, psychological, and social well-being. All parts of our mental health. It influences our feelings, thoughts, and actions. It affects our decision-making, interpersonal interactions, and stress management. It accompanies us from early childhood through adolescence and adulthood. Your mental health conditions may affect how you think. They are mild to severe in severity. It can have an impact on your mood, and behavior throughout your life. Mental disorders can affect your thoughts, feelings, and/or behavior. Nearly one in five persons suffer from a mental disease. This is the data gathered by the National Institute of Mental Health. 

Many elements affect mental health, such as:

[ a ]  Biological factors, including DNA or the chemistry of the brain.

[ b ]  Experiences with trauma or abuse in life.

[ c ]  A history of mental illness in the family.

Examples of mental health disorders are:

[ 1]  Attention-deficit hyperactivity disorder or ADHD

[ 2 ]  Bipolar disorder

[ 3 ]  Borderline Personality Disorder (BPD).

[ 4 ]  Antisocial personality disorder

[ 5 ]  Anxiety disorders (Includes panic disorders, phobias, and generalized anxiety. It also includes obsessive-compulsive disorder (OCD), and social anxiety)

[ 6 ]  Eating disorders (including Bulimia Nervosa, binge eating 

[ 7 ]  Disorder, and Anorexia Nervosa.)

[ 8 ]  Post-traumatic Stress Disorder (PTSD)

[ 9 ]  Depression

[ 10 ] Schizophrenia

[ 11 ]  Seasonal affective disorder (SAD)

[ 12 ]  Self-harm

[ 13 ]  Suicide and suicidal behavior

Serious Mental Illness or SMI. A mental illness that significantly impairs a person’s life. SMI interferes with your capacity to function normally. Contrary to popular misconceptions, having an SMI is not a decision. It is not a weakness or a deficiency in one’s personality. It can’t be “snapped out of” with willpower or something that merely “passes” by doing so.

An early indicator of mental health problems can be one or more of these feelings or behaviors:

[ a ]  Consuming alcohol, tobacco, or drugs more frequently than normal.

[ b ]  Experiencing exceptional levels of confusion, forgetfulness, agitation, rage, sadness, anxiety, or fear.

[ c ]   Arguing or shouting at loved ones or friends.

[ d ]  Enduring extreme mood swings that complicate relationships.

[ e ]  Overeating or undereating.

[ f ]  Pulling back from people and routine activities.

[ g ]  Lacking or having no energy.

[ h ]  Feeling numb or as if nothing is important.

[ i ]  Experiencing undiagnosed aches and pains.

[ j ]  Sense of helplessness or despair.

[ k ] Persistent ideas and memories that you can’t shake off.

[ l ]  Hearing voices or accepting false information.

[ m ] Visualizing or fantasizing about suicide, inflicting injury, or killing others.

[ n ]  A lack of ability to carry out regular chores like caring for your children or traveling to work or school.

The national average of people reporting feeling symptoms of anxiety and/or depressive disorder in May 2022 was 28.2%. Michigan individuals part of this 28.2% stated needing counseling or therapy. In Michigan, 11.7% of children aged 3 to 17 had mental health treatment in the year 2021. This is in comparison to 11.2% of children nationwide. A lot of children needing mental health care do not receive it nationally.

What can you do if a mental health issue exists?

Mental health diagnosis cannot jeopardize a parent’s right to custody of their children. A parent’s mental health condition shouldn’t be used against them. The court can consider the mental health condition in the context of action taken to manage it. It can look at it as a well-controlled condition for a long enough period. A condition addressed through treatment, medications, and adhering to doctors’ recommendations.

The parent alleging the co-parent’s mental health is an issue must establish the existence of the ailment. The parent must establish how it impairs the capacity to function as a parent. Medical and mental health records are confidential. It cannot be disclosed without the patient-parent’s consent. This might prove challenging. The Court has the option to assume the parent’s records would be adverse to their case. They can refuse to provide them.

The healthy parent may file a motion for modification. It is a temporary modification to adjust custody and parenting time. They must provide evidence of the other parent’s health. Explain why the court’s intervention is necessary. Think about the effects this might have on the unhealthy parent. The necessity for that person to become better for the benefit of the children. Parents should seek the impartial guidance of a mental health professional. This professional can help you navigate these incredibly difficult, ever-changing legal waters.

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Am I Entitled to the 401k My Ex Cashed Out Before Our Divorce – Michigan Lawyers

An annual cash withdrawal from a 401K was made by my ex-spouse. It was the year before I started my divorce proceedings. Is there anything I can do right away to resolve this issue? They might have been aware of it at the time it was withdrawn, or they might not have. One year has passed since it began. Can the court do anything to stop this withdrawal? Will the money in your 401(k) be split equally between you and your ex-spouse in the perspective of the court? You have thought about this. Am I entitled to the 401k my ex cashed out before our divorce?

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It is your responsibility to convince the judge. The money was taken out in anticipation of the divorce. The court needs to be persuaded. Taking money out of the 401(k) had the intended effect of bankrupting the joint estate. It was carried out knowing that there would be a divorce. To avoid sharing the money with you in the case of a divorce, your ex-spouse is cashing out. If there is evidence, the court can reconcile this and if it is true, there can be a reckoning. The court will consider the marital assets at the time of the divorce if there is insufficient proof.

My 401(k) asset. What is a 401(k)?

Many American firms provide 401(k) plans. These are retirement savings plans with favorable tax treatment for the saver. It is called after the part of the Internal Revenue Code (IRC) of the United States. A worker enrolls in a 401(k). They consent to have a part of each paycheck put directly into an investing account. The company may decide to match some or all the employee contributions. The worker has various investment alternatives, with mutual funds being the most popular.

The biggest differences between traditional and Roth 401(k)s are how taxes are handled. Pre-tax employee contributions are allowed to a traditional 401(k). It lowers taxable income, but withdrawals are taxed. Employees fund their Roth 401(k) accounts with after-tax income. While there is no tax deduction in the contribution year, there is no tax on withdrawals. The Roth plan and the standard 401(k) plan both accept employer contributions.

Michigan implemented the 401(k) Defined Contribution (DC) plan in 1997. The State of Michigan contributes 4% of participants’ gross income to this plan. Participants may also put their own money into the plan. The state matches the first 3% of participant contributions with an additional 3%. Voya Financial is under contract with the State of Michigan. The 401(k) DC plan is serviced by Voya Financial in terms of custody and record-keeping. Participants receive account statements from Voya every three months.

How to make a retirement plan work?

The US Congress created the 401(k) plan. The legislation was drafted and passed to encourage Americans to save for retirement. The plan offers tax savings as one of the advantages. There are basically two options, and each offers different tax advantages.

The Traditional Retirement Plan: Traditional 401(k)

Traditional 401(k) employee contributions are subtracted from gross income. This means the money is deducted from your paycheck without first deducting taxes. Your taxable income is then decreased by the total amount of contributions made for the year. You can then claim a tax deduction for that particular tax year. You remove the funds often in retirement. No taxes are required on either the money contributed or the investment earnings.

The Roth Retirement Plan: Roth 401(k)

Contributions to a Roth 401(k) are taken out of your post-tax income. This means that after income taxes have been deducted. Contributions are taken from your pay. In the year of the contribution, there is no tax deduction. You are not required to pay any additional taxes on your contribution. The investment earns only when you withdraw the money after retirement.

Roth 401(k) contributions are made with after-tax funds. If withdrawals are taken before the age of 59 1/2, there may be tax repercussions. Before taking money out of a Traditional or Roth 401(k), consult a skilled financial advisor.

A Roth account is not always an option offered by employers. You have the option of selecting a traditional or Roth 401(k) if the Roth is offered. Up to the annual contribution cap, you can fund both.

Is a 401K a marital property subject to division?

Michigan’s divorce property laws are MCL 552.28 and MCL 552.501. These laws empower the courts. It empowers them to look into the enforcement of property division and support. The court does this through the Friend of the Court or FOC. These regulations permit the division of assets. These are assets accumulated throughout the course of a marriage. Property in this context includes retirement funds. If the account’s value increased during the marriage, the marital share is split. Retirement money can be regarded as marital property. It’s like your house and bank accounts. In the event of a divorce, they must be split between spouses. The rules for dividing retirement funds can be intricate. State and federal tax laws may affect how and when assets are divided when spouses divorce.

Most retirement accounts are made with the goal of being kept hidden. You keep it hidden until you retire or turn a certain age. You can’t make withdrawals before the deadline. Expect heavy fines from the financial institution if you take the money from the account. Wait until after retirement before you withdraw funds. The government normally does not tax them. The interest earnings in the account can be taxed if you do an early withdrawal. Taxes and penalties may almost completely wipe out a person’s retirement funds.

Judges and parties in Michigan divorces have options in property division. They have a variety of options to split retirement accounts. There are several options, such as:

[ a ]  Each spouse could continue to contribute to their 401(k). They could disregard the account of the other spouse. Both partners should have 401(k) accounts, with about equal balances.

[ b ]  The party with the higher 401(k) balance may incur more debt if the account values are different. Other marital assets up to the difference in value may be awarded to the party with the smaller balance.

[ c ]  The parties can use a Qualified Domestic Relations Order (QDRO). They can use QDRO  to distribute the 401(k) account between the parties. The non-employee spouse now has a second 401(k) account thanks to this.

[ d ]  To pay off any outstanding debts, the parties could liquidate the 401(k) account. As we mentioned earlier, selecting this option may subject you to penalties and taxes. It can lower the balance in the account.

According to Michigan law, every retirement account is divided through a divorce. IRAs, 401(k)s, 403(b)s, and other comparable qualifying retirement accounts are included. It doesn’t matter who made the money or owned the assets before the marriage. They are all regarded as marital property. In the event of a divorce, fair distribution would apply to all. This means that in the event of divorce, the account will be divided evenly. Whether the retirement assets are titled in the names of both parties or just one does not matter.

This only applies to the portion of the retirement savings that is joint. This indicates that the account’s current balance as of the marriage date will not be shared. The owner of the account is you. To substantiate the date of your marriage, you must present supporting evidence.

Am I entitled to the 401K my ex-spouse cashed out before the divorce?

As mentioned earlier, every retirement account is divided during a divorce in Michigan. Who earned the money or owned the assets before the marriage is irrelevant. They are all thought of as marital assets. The fair allocation would apply to everyone in a divorce. This implies that the account will be equally shared in the case of a divorce. It makes no difference if the retirement assets are titled in the names of both partners or just one. The division of the 401(k) may already be part of the divorce settlement. We can assume the division was already made final in the judgment of divorce or JOD.

If you feel you are entitled to a part of the 401(k) cashed in a year before, then talk to your lawyer. The burden of proof that the cash withdrawal from 401(k) was in anticipation of divorce falls on you. You must have enough evidence to support your allegation. The withdrawal was intended to bankrupt the marital estate. Settlement agreements are integrated into the JOD. It indicates how money, assets, retirement accounts, jewels, etc. will be distributed. Most of the time, this part of the JOD cannot be modified. The court won’t revisit the divorce ruling. The court won’t change it just because one party feels they were treated unfairly. Only a few situations will prompt a court to revisit these issues. The two most common reasons for asking a judge to revisit a divorce decision are fraud. Another reason to a lesser extent is a mutual error.

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Child Custody and Parenting Time – Michigan Lawyers

The key concerns are parenting time and child custody in a divorce involving minor children. Along with the division of assets and alimony, these will be significant problems. Who has the power to make decisions for the children will be determined by the court. The children’s living arrangements must be decided by the court. This is all about child custody and parenting time.

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Legal custody will be a deciding factor in the decision-making process. The physical custody of the children will determine where they will ultimately sleep. Legal and physical custody may not be shared between the parents. The court will still provide the other parent parenting time even if one parent is given custody. If it is in the child’s best interest, they will provide parenting time. Parenting time is only denied if the child will suffer from exposure to the parent. Parenting time may still be granted by the court even if it is suspended. If the circumstances that made it harmful to the child no longer exist, the court will approve it.

What are child custody and parenting time?

Custody is the legal duty to raise and supervise your child until they become 18 years old. The court may grant child custody to one or both parents. In Michigan, you will come across two kinds of custody: legal and physical. Legal custody is the right to make decisions that will have a significant impact on your child. Having legal custody gives you the right to decide things. You can decide your child’s education, medical care, and religious upbringing. Physical custody refers to who your child lives with daily. It entails physically caring for and supervising your child.

A judge determines if the custody arrangement is in the child’s best interests. They will frequently sign the court order allowing it. The descriptions of a few various custody arrangements can be found below.

Sole Custody: “Sole custody” has no clear legal meaning. The Michigan Custody Guidelines state defines sole custody. A parent having both primary physical and primary legal custody has sole custody. Physical custody is granted to the parent who cares for their child most of the time. Legal custody is when a parent makes all decisions for the child’s upbringing. These are decisions involving their health care and education. It includes matters like religious upbringing and involvement in extracurricular activities.

Joint Custody: Joint custody is something the court must take into account when a parent asks for it. Joint custody must be given if the parents agree to it. It is granted unless the court finds that it is not in the child’s best interests. Judges are expected to explain justifications in the official record. It is to be explained in writing whether they approve or deny the request. Judges can take joint custody into account. Judges must take into account whether the parents can communicate effectively. They generally concur on subjects with a significant impact on the child’s well-being. Joint legal or joint physical custody, or both, is acceptable.

Joint Legal Custody: Both parents have the authority to jointly make decisions. Decisions have an impact on their child’s well-being. The amount of time the child spends with each parent does not have an impact on joint custody.

Joint Physical Custody: It implies the child spends an amount of time with each parent. It does not suggest that the parents will necessarily share parental decision-making authority. Unless the court has granted joint legal custody. One parent might be permitted possession throughout the summer. It can alternate weekends and alternate holidays. The other parent can be granted access during the school year.

The court specifies the length of time the child will spend living with each parent. This is the case with physical custody. The court order may stipulate that parents share physical custody. It is so ordered so that their children can see both of them. A child lives with one parent. All regular and significant choices about the child are made by that parent.

How is custody determined by the courts?

What factors do judges consider in custody cases? There is a misconception of two parties smear one another in a custody fight. People think the court takes the side of one who is the most unsuccessfully delegitimized. Statutes specify the factors a judge must consider when deciding custody disputes. The child’s best interests are taken into account by the court in Michigan. It is the basis for making decisions on custody cases. The presiding judge will focus on the child’s best interest. The parties’ attempts to disparage one another will not be the focus of the court’s attention. Any disagreement about custody will be resolved. It will be based on which parent can best represent the child’s interests.

When making decisions about cases involving minors, judges consider 12 statutory factors. All are connected to what is best for the child. The guidelines can be applied in child-related situations. It talks about minor guardianship, visitation privileges, and child custody. The judge need not weigh each factor equally when determining what is in the “best interests of the child.” The judge may decide that some factors in your case are more crucial than others. The judge must consider every aspect before making a judgment.

A parent has the right to request a change to an existing child custody agreement. This occurs when a parent determines there is a good reason to alter current arrangements. Or perhaps that change in the circumstances necessitates a reassessment of custody. The judge reevaluates the best interest criteria. The judge does this once the relevant requirements have been satisfied. What has changed this time will be taken into consideration by the judge.

Can a parent lose custody?

Parents may lose custody of children for a variety of reasons. In Michigan, disputes over child custody frequently involve the courts. The court takes into account your relationships with your spouse and children. Your behavior will be carefully observed.

There can be attempts to undermine parenting time. There can be purposeful measures to alienate the other parent. These actions and behavior have severe consequences. Such wickedness will be noted by the court. It will have an impact on how your custody case is handled going forward. If you find yourself in a situation where the other parent is acting in this way, you should go to your lawyer.

The non-custodial parent can be granted joint legal custody. It can happen even if the child lives with the custodial parent full-time. They can have frequent and regular visitation rights. They can take part in significant decision-making over the child’s life. Only extremely rare situations would result in a biological parent losing parental rights. But losing custody can still happen.

There are reasons why a parent can lose custody.

Disregarding judicial orders.

You run the danger of running afoul of the law if you ignore a court order. Even worse, it can stop the court from fairly hearing your case moving forward. Being court-friendly is usually a good thing, and abiding by the court’s guidelines is one way to do this. The court determines your parenting time and custody arrangements. The courts underline how crucial it is to keep the children’s environment stable. The parents’ time together is what provides such stability. We are aware ending a marriage can be painful. Perhaps the parents’ enmity is the sole remaining emotional connection.

Understand the importance and benefit of preserving your relationship with children. You can have the best opportunity to spend time with your children. You have equal opportunity for parenting time and custody. The only way to enhance parenting time is to have full or even physical custody of the child. The non-custodial parent affords you more opportunities to interact with your children. You want to make a point of not allowing your co-parent to see the children. You have custody and don’t get along with the other parent. You enjoy witnessing how challenging it is for your co-parent to be away from the children.

Restricting a parent’s ability to see their children is a way of getting revenge. It is a way of getting back against the parent who is allegedly abusing the children. Keep in mind that a court ruling made it possible for you both to have parenting time. You presumably both deserve parenting time. It is the decision of the judge. Consequences and sanctions follow. It follows a parent denying access to the children in defiance of a court order. You are unable to act in the best interests of the child. You are manifesting it by defying court orders and directions. You might already be at odds with the person who makes parenting and custody decisions. That person is no other than the judge in your case.

Neglecting and Abusing of Minor Children.

Child abuse in Michigan. It is sexual abuse. It is sexual exploitation or mistreatment. It can be done by a parent, guardian, or another adult in charge of the child’s upbringing. Any harm to a child’s health or welfare falls under this category. It results from a bodily or mental hurt that wasn’t an accident, as well as from any threat of such harm. A child’s basic needs were not met by a parent, guardian, or another adult. It’s regarded as child neglect. Having access to food, water, clothing, and a secure place to live are among these essentials. Failure to provide a child with the appropriate care and education is an example of this.

Make arrangements. Have someone else watch the children for you. You must arrange this if you are unable to do it yourselves. Parents leaving their child home alone are considered to have abandoned the child. It can be a reason to revoke the parent’s parental rights.

Alienating the Your Co-parent.

Never criticize your co-parent in front of your children. This unnecessarily involves children in your and your ex-spouse’s disagreement. It is bad for their developing psyches and makes the process challenging for them. It might be challenging to control your dissatisfaction and even rage. You must contend with a vengeful spouse or an ex-spouse with malicious spouse syndrome. It is important to maintain emotional control. Although you may be tempted to give in to your feelings and lose control, you must repress the temptation.

Courts are less likely to award custody to a parent who exhibits strong, erratic emotions. Particularly ones like fury. Even if your spouse is irate and spiteful, it is best to refrain from responding in kind. Behaving so is not going to make it any better. It’s going to be worse. One parent’s alienating remarks can also end in emotional estrangement. This is worse because it occurs when a child begins to prefer a parent-free home. The courts have a zero-tolerance policy for this conduct. The court will severely reprimand any parent who engages in it.

You think little of your co-parent. You can think the other parent doesn’t deserve any respect. You must always treat your co-parent with respect. Honorable conduct will help you in the protection of your child. It also allows the court to see why you are the best person to speak on their behalf. It’s not appropriate to disparage or criticize your spouse in front of other people.

Can parenting time be denied to a co-parent?

You are a parent who is considering denying the other parent parenting time. Be aware of the law. The law forbids parents from restricting access to children to the other parent. You must have a valid reason before denying your co-parent access to the children. Parenting time schedules are set. It refers to the amount of time non-custodial parents spend with their minor children. In Michigan, the Circuit Courts are responsible for upholding the parenting time schedule. A parenting time schedule is for all intent a court order. A parenting time court order is based on the Michigan Compiled Laws (MCL) 722.27a. The Child Custody Act of 1970 (Act 91 of 1970), specifies the parenting time schedule.

A Friend of the Court, or FOC, is available to support the Family Court in every county. Typically, the FOC will look into custody and visitation disputes and offer recommendations. The FOC makes recommendations for decisions on child support, parenting time, and custody. In Michigan, you cannot challenge parenting time without a court order. If you refuse the other parent visitation time, you face the risk of being found in contempt of court. In Michigan, you must always have a compelling basis to deny a parent visitation.

Can a child choose not to have parenting time?

Parenting and the parent-child bond are so essential. They are protected by laws, national policies, and state policies. How much time parents spend with their children is out of their hands. It is enforced to keep the family as cohesive as possible. Children under the age of 18 are unable to choose which parent they will live with on their own. Under a custody arrangement, children cannot refuse required visitation. Both parents and children must abide by the guidelines. It is the primary physical custodial parent’s responsibility to persuade a disobedient child to take part in parenting time.

Children do not have the right to decline visitation. Until children become 18, a custody order must be followed to enforce parenting time. Parents and children must adhere to the parenting time schedule. Getting adolescents to do anything they vehemently disagree with may be challenging. Especially as they become older. Consider using mediation services. These services are offered by the Friend of the Court. Or, you can seek out counseling services.

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Understanding the Divorce Settlement – Michigan Lawyers

A divorce case involves you. You’re squabbling. Every motion day, you return to court. Homes, businesses, and other marital assets are being divided. A settlement will be reached at the end of it all. You figured this out and untangled it on your own. You and your attorney can do this. Or, the court has reached its own conclusion. The matter will eventually be the subject of a settlement agreement. Why does that matter? It signals the end. Understanding the divorce settlement gives you clarity why the settlement is final.

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After the judge signs the divorce judgment, you won’t be going back. You cannot claim to want more from the home. You cannot claim that you want to give less to your 401(k). Any of those divorce options won’t be available to you anymore. In the ruling, some details are indelible. These concerns the division of property. The ruling can be reviewed again for some issues. There are some things that can always be revisited. You can go over child support, parenting time, and custody again. A settlement agreement’s property division will be binding and final.

What is a divorce settlement agreement?

The majority of divorcing individuals expect that their case can be resolved amicably. Amicably as in doing it without going to trial. Most often couples have already come to a fundamental understanding. They have come to an agreement on potentially contentious topics. Contentious issues that come with divorce like property division or child custody. The parties may try to achieve a settlement amicably on their own. People and lawyers refer to this as kitchen table negotiations.

Parties may be unable to come to an understanding. They can choose to work through their respective attorneys. Their attorneys can find a solution during more formal settlement negotiations. They rely on skilled family law attorneys to do the heavy lifting for them. They may have to when it comes to pressing for specific terms and concessions. Whatever road is taken both parties will arrive at a settlement agreement.

A Michigan marital settlement agreement is a legal document. It is an instrument married couples use to specify the terms of their divorce. The agreement specifies child custody and visitation rights. It outlines how property, assets, and debts will be divided and who will have what. It includes information on whether one party will get alimony. It also defines child support payments from the other spouse. Any provisions that are not specified in the contract will be decided by the court. It is usually done at the conclusion of the case. Couples can prevent a judge from deciding the terms of their divorce. It prevents a more drawn-out and expensive legal process. Get legal guidance so you can create an agreement that is as fair and amenable to both parties as possible. The ramifications of a settlement agreement have significant and long-lasting effects.

What is a divorce judgment?

A divorce decree, also referred to as a divorce judgment, is a court decision that is legally binding. It shows that a marriage has been formally and legally dissolved. A divorce order will be created for you by your divorce lawyer in Michigan. This proposed decree contains precise information about your circumstance. Following a discussion or mediation, the court receives this important document. The judge enters the decision when the settlement has been approved by both parties. The court grants your divorce.

At the end of the divorce procedure, the court will issue a final order, often known as a divorce decree. The following issues are mostly covered by the final order:

[ a ]  Custody of children and parenting time

[ b ]  Child support

[ c ]  Property division

[ d ]  Spousal support (or alimony)

After a trial, the court will decide the case in its entirety. The court may decide whether to abide by a settlement agreement signed by the spouses. If a trial was necessary for the divorce, the judge’s decisions will be reflected in the final decree. The judges’ decisions are based on the attorneys’ arguments. Conditions can be set forth by the spouses. They can do it in an amicable divorce through a settlement agreement. It can be incorporated into the final decree.

After a trial, an agreement, or a default, the court can sign a draft of your divorce judgment. The ruling will state what you and your ex-spouse must do to end your marriage. Orders may address parenting time, child support, alimony, or spousal support. Orders will also be made for the division of debt and property.

Before the Friend of the Court’s or FOC’s permission is on file, the judge won’t sign your order. The FOC makes sure that your orders contain all the details needed to follow Michigan law. FOC will make sure you didn’t leave out any crucial details. The FOC investigates whether your parenting time provision can be enforced. Additionally, they attest to the legal compliance of your child support arrangement.

The FOC must get a copy of any proposed judgment or order. It should also contain any further documentation. It must be delivered in person, via mail, or by email to the FOC office. The paperwork must be approved by the FOC. It should be approved before the conclusion of any divorce proceedings. It must be approved before the court issues the final custody determination.

Do not send your request to the FOC along with your original, signed documentation. FOC only needs one copy. If you accidentally file your originals with the FOC, you won’t get them back. You will get a copy of the FOC’s written objection, depending on how your paperwork was presented. If there is a mistake with your suggested order, it comes with instructions on how to fix it by mail or email. Give the FOC at least one week to review your document. Make the appropriate adjustments. Please resubmit the documentation on time. If the court doesn’t get the document in time, your case will be dismissed.

The divorce decree is a result of weeks and months of gathering information and negotiating. It includes going back on one’s previous statements. Your divorce process can be drawn out. It can be traumatic. It all depends on the reasons for the divorce and how amicable or hostile a couple is. It also relies on the success of your lawyer or mediator.

The divorce decision can change your life. It will have a significant impact on how you plan and live your life if you have children. It will define both your life and your ex-spouse with your children now and for many years to come.

What can be modified in a divorce settlement?

The court has been informed by the parties of a finalized divorce. The parties have desired to be accountable for the terms and conditions of the divorce order. It can be challenging but not impossible to go to court a day, a month, or a year later. Going back to court to inform the judge that you no longer intend to be bound by one or more of the JOD’s terms.

You have two options for changing your divorce judgment. You proceed by pursuing an appeal. Or, you can ask for an acceptable modification. In some circumstances, a divorced spouse may contest the divorce judgment. An appeal may be filed automatically or with the court’s approval. In both situations, you have a very little amount of time—just 21 days. An appellate brief from the spouse is required. The argument in the brief will be that the family court used the law incorrectly. A divorce judgment that resulted from that choice was void. An appeal of a final divorce ruling is made in the brief. In this case, a knowledgeable appellate attorney can be helpful. Executing an appeal could be difficult.

Your lawyer will probably start by calling your ex-spouse or their attorney. Your lawyer will do this if there is a clause in your JOD that needs to be reviewed. If a proposed JOD change has a valid cause, the parties can work together. You and your respective lawyers can come to an agreement. Limit the agreement to a JOD amendment, and then submit the alteration to the court. Negotiated changes often wouldn’t need the parties to make another court appearance. An experienced family law attorney will be able to work with the opposite party. Your lawyer can negotiate and formalize such an amendment.

Distribution of money, property, retirement funds, jewelry, etc. is mentioned in the settlement agreement incorporated into the JOD. This part of the JOD is most often final and cannot be changed. The divorce judgment will not be reopened by the court merely because one side now feels they got a raw deal. However, there are only a few circumstances in which a court will reexamine these matters. Fraud and, to a lesser extent, mutual error are the two most frequent grounds for reconsidering a divorce judgment in court.

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What Constitutes the Best Interest of the Child? – Michigan Lawyers

In Hollywood, you often see parents waging slander campaigns against each other. Hurling accusations of shortcomings in a custody dispute. In Michigan, when we discuss child custody, we only consider what is in the child’s best interest. One method to achieve that would be by emphasizing the shortcomings of one parent. The best interests of the child are more important than the shortcomings of the parents. What constitutes the best interest of the child in the context of a custody case?

Click here to watch the video What Constitutes the Best Interest of the Child? – Michigan Lawyers

The best interests of the child are influenced by twelve factors. Each of these statutory factors is assigned unequal weights. The evidence related to those criteria must be taken into account and weighed by the court. The court may decide certain variables favor the mother while other elements favor the father. The court has the authority to take those factors into account. Because of this, custody disputes are challenging. You must look for a lawyer who is familiar with how these elements are applied in court.

What factors do judges consider in custody cases? There is a widespread misconception that parties smear one another in a custody fight. The court sides with the one who has been most unsuccessfully delegitimized. Statutes specify the factors a judge must consider when deciding custody disputes. The court will not be concentrating on the attempts of the parties to discredit one another. Any disagreements are resolved based on which parent can best represent the child’s interests.

Judges are tasked to determine who will make choices for the child. How often each parent will have custody of the child? Judges are also obligated to decide on parenting time. This is when parents involved in custody battles cannot come to an agreement. You can approach the Friend of the Court Office. You can ask legal counsel, and/or use a mediation procedure. This can all help the parents decide on a custody plan. There is always the option for parents to come to an amicable custody agreement. Parents can freely obtain or change custody through the court system. They can file the appropriate motions through their lawyers.

What does best interest mean?

There isn’t a universally accepted definition of “best interests of the child.” The phrase typically refers to the consideration that courts give. Considerations to determine services, actions, and directives that will best serve children. It also refers as well as who is most qualified to provide for their needs. These considerations are connected to the child’s situation. It is connected as well to the parent or caregiver’s situation and parenting ability. It is the child’s ultimate safety and well-being that is of utmost importance. The Michigan Child Custody Act. The Michigan Combined Laws (MCL) 722.23. This law lists the statutory best interest elements. These are the elements used by the Court in child custody cases. Factors are taken into account while examining an application for a change of custody.

What are the guiding principles of best interests determinations?

State laws usually include reference to broad aims, purposes, and goals. These direct the reasoning when determining what is in the best interests of the parties involved. Among the guiding concepts that are most frequently expressed are the following:

[ a ]  The value of maintaining the stability of families. The preference is to keep children in their homes. (28 States subscribe to this principle including American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands).

[ b ]  The child’s health, protection, and/or safety. (Subscribed to by 21 states including the Northern Mariana Islands.)

[ c ]  The significance of making permanent judgments on time. (Subscribed to 19 states including the US Virgin Islands).

[ d ]  The guarantee a child taken away from their family will get care, treatment, and direction to help them grow up to be independent adults. (Subscribed to 12 States including American Samoa and Guam).

Specific factors are included in the statutes of about 22 States including the District of Columbia.  Factors for courts to consider in making determinations on the best interests of the child. Although factors differ from one State to another, the following are typically necessary:

[ 1 ]  The child’s emotional connections to and relationships. Connections and relationships with his or her parents, siblings, and other family members. Relationship with housemates or other caregivers. (Adapted by 15 states including the District of Columbia.)

[ 2 ]  The parents’ ability to give their children a secure environment, as well as enough food, clothing, and medical attention. (Adapted by 10 States).

[ 3 ]  The child’s requirements for both physical and mental wellness. (Adapted by 9 states including The District of Columbia).

[ 4 ]  The parent’s physical and mental well-being. (Adapted by 9 States including The District of Columbia).

[ 5 ]  Domestic violence occurring within a home. (Adapted by 9 States).

Every state has laws integrating these elements. These states include American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, The District of Columbia, and the U.S. Virgin Islands. Elements must be taken into account when making decisions about a child’s custody or placement.

Courts make many decisions that have an impact on children. This includes those on placement and custody. It also includes safety and permanency planning, and procedures for terminating parental rights. Judges consider whether a decision is in the child’s “best interests” whenever a court makes one.

What are the twelve statutory factors used to determine the best interests of a child in Michigan?

When making decisions about cases involving minor children, judges consider 12 factors. All are connected to the child’s best interests.  It talks about minors’ guardianship, visitation privileges, and child custody. When determining what is in the “best interests of the child,” the court considers 12 factors. Despite the significance of each element, the judge need not give them all the same weight. The judge may decide that some aspects of your case are more crucial than others. The judge must consider all relevant factors before making a judgment.

Factor ( 1 ): The child and the parties concerned are emotionally attached. They are attached through love, affection, and other relationships;

Children in many families adore and have a close bond with both of their parents. You could on occasion be asked to provide evidence of inappropriate activity. One parent put their needs before those of their children.  Domestic violence or other circumstances may lead the relationship to suffer.

Factor ( 2 ): The capability and disposition of the parties concerned to continue the child’s education. The upbringing in his or her creed or faith, if any, and to show the child love, affection, and direction;

This factor emphasizes the role of parents. Their role in promoting the growth and development of their children. Attending your child’s parent-teacher conferences will show that you are the parent. Show that your partner objected to the child going to their favorite place of worship. There are arguments contrasting the benefits of public vs private education.

Factor ( 3 ): The ability and willingness of the parties to meet the child’s requirements. These are requirements for food, clothes, and medical treatment. Requirements for remedial care permitted by state statutes instead of medical care;

This factor shapes the perception of the opposition. Parents are vying with one another for resources to assist their children. The opportunity to balance any financial disparity through child support. Michigan courts take disparities into consideration. Who transports children to the physician? Which eating behaviors are contributing to the child’s weight problems?  Examine any health issues. Perhaps your partner neglected to buy their kids’ necessities, like school clothes. Who in the past responded to these demands? Which has a stronger ability and propensity to provide? Who provides children with the food and medical care they need?

Factor ( 4 ): How long the child has resided in a dependable setting? How long is the need of maintaining continuity?

The Michigan family court will use every attempt to lessen the amount of disruption to a child’s life. The courts favor the strategy that offers the child the most continuity. The parent who is awarded custody after a divorce is also entitled to the marital home. The judge will evaluate the children’s prior experiences with each parent. If the parents are currently not cohabitating, this applies. Judges have decided in favor of continuing that custom. Unless it is inaccurate or dangerous in another way. Show that there are dangerous living circumstances. Clearly demonstrate that narcotics were utilized inside the home. This is quite important, especially if children may access them. The introduction of risky strangers into the ecosystem of the children’s life.

Factor ( 5 ): The continuity of the proposed or actual custodial home(s) as a family unit;

The physical details of each parent’s home are included in this factor. It examines how they get along with other family members. Custody disputes may center on the child’s relationships. Relationship with his or her biological siblings or half-siblings. The frequent moves of the parents and the introduction of fresh romantic relationships. Your separation can encourage you to move. You should be ready to provide evidence of your stability. Give justifications for why the move was essential.

Factor ( 6 ): The moral standing of the parties involved;

In most cases, criteria (6) and (7) are the key points of controversy. It is frequently a contentious subject. Couples frequently try to assign blame for their partner’s extramarital affair. Their partner may not be granted custody due to their spouse’s drinking habits. The Child Custody Act only takes a parent’s capacity into account. It is not differentiated on who the morally superior adult might be. Having a drinking history is insufficient. Make your case more compelling. Prove the other parent drinks alcohol in the presence of the children. Deciding to put time with a new companion before time with the children. This can affect your custody battle. It doesn’t immediately make your spouse’s parenting abilities less effective.

Factor ( 7 ): The parties’ physical and emotional well-being;

Be ready to offer medical records or expert testimony in this case. Prove the fact that one parent is coping with mental health issues. Or, a physical condition interferes with their capacity to be a parent. Reasonable accommodations can be made by the Court. The Americans with Disabilities Act provides for this in consideration of a person’s handicap. Attesting to any fact can be challenging. You may be unable to attest to the fact that your husband suffers from depression and spends a lot of time in bed. Identify any evidence that the other parent is not seeking help. There are procedures used to address a physical or mental health issue. Their ability to parent is being affected. Show that the other parent has a diagnosed physical or mental condition.

Factor ( 8 ): The child’s history, school, and community;

The circumstances of the child are the main determinants of this factor. Show proof of how your divorce or separation has affected your child. Behavior issues at home must be proven. This includes challenges in the classroom and disagreements amongst siblings or friends. Progress reports or report cards from the school may be used as evidence of this factor. The physical or mental health of a child may also be attested to by teachers or therapists.

Factor ( 9 ): The child’s reasonable preference. Done if the judge determines that the child is mature enough to express a preference;

A custody dispute may question children as young as 6 to voice their preferences. Children are not typically called to testify in court. The family court judge will have a private conversation with every child. An investigator from the Friend of the Court may speak with them. Find out more about the choices they make and the reasons for them. It is stated in the judge’s decision or the Friend of the Court’s suggestion that the child’s request was considered. You shouldn’t give your child advice on how to behave in these interviews as a parent. You can agree with your child’s viewpoint. The investigator may infer that the child was being coerced. It might be detrimental while determining what is best for the child.

Factor ( 10 ): A close and ongoing parent-child interaction. Between the child and the other parent. The child and the parents are encouraged and supported by each of the parties. A parent can take any reasonable action to safeguard a child against sexual assault or domestic violence. It can be committed by the child’s other parent. Such action to protect will not be viewed unfavorably by the judge for this factor;

There can be more tension in your custody dispute. This matter will be considered while making your custody determination in Michigan. The relationship between a child and the other parent needs parental support. The only exclusions are incidents of domestic violence or child abuse. A parent in a contentious divorce may limit the child’s contact with a co-parent. Time for raising children can be limited. A term like “parental estrangement” is used to characterize the worst situations. Sometimes one parent will stop their children from talking to the other. You can share the story and discuss how it relates to this issue with your attorney.

Factor ( 11 ): Domestic abuse, whether the child was the target of the violence or witnessed it;

The most challenging and heartbreaking court issues have frequently involved children. abuse of children by family members. It’s possible that parents have a history of treating children unfairly or violently. This abusive power is taken seriously by the courts. The court may find it challenging to hear about your domestic violence experience. Talk about it along with your knowledge and observations. You should also present the children’s facts, experiences, and findings. As a result, setting up a timetable for custody and visitation will be easier for the court. Safety for everybody can be ensured. It’s useful to know how the actions of your abuser influence you and your children.

Factor ( 12 ): Any additional factor the judge deems pertinent.

You are welcome to bring up any issues that are particular to your situation. Typical “additional aspects” notwithstanding the broadness of this factor include:

[a] The unique educational needs or ongoing medical issues of a child.

[b] The desire of siblings to remain together, even step- or half-siblings.

[c] Childcare arrangements, such as the duration of attendance at a childcare center.

[d] Putting the child through emotional strain or involving them in the divorce proceedings.

[e] The parent competing for custody is being financially pressured by the other parent.

The court specifically will not take into account the following “extra criteria”:

[a] Parental race or interracial relationships.

[b] The parents’ gender or sexual orientation. On the basis of gender stereotypes, favoring the mother. (Or, adopting a child from a parent who shares the same gender for that reason).

[c] The child’s and a parent’s biological connection. (A child was conceived via non-traditional reproductive techniques; the child was adopted.)

A parent has the right to request a change to an existing child custody agreement.  A parent can determine there is a good reason to alter current arrangements. Or perhaps that change in the circumstances necessitates a reassessment of custody. The judge reevaluates the best interest factors. It’s done once the relevant requirements have been satisfied. What has changed this time will be taken into consideration by the judge. What is difficult for the child?

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Alimony Rights When Ex Remarries – Michigan Lawyers

The length of alimony is typically a very frequent topic of discussion in divorce. We frequently encounter terminology like “alimony in a fixed number of payments” in decrees in divorce judgments. There was a sort of alimony in which regular payments were mandated. Alimony was paid until the judge made a different decision. What you observed in those circumstances was the recipient’s resistance to getting remarried. It had something to do with how the alimony order was written. It states that alimony will continue up until either party’s passing or their subsequent marriage. What are alimony rights when ex remarries?

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Remarrying is difficult for the party receiving alimony. They fear losing their income. They do not want to stop receiving alimony. If they find someone, they will not get married again. They fear losing alimony permanently. What if this second marriage is a failure? In 2023, the divorce judgment will use a different language. Unless the court decides differently, alimony is still being paid until it is demonstrated that there has been a material change in the circumstances. This means that anyone can request modifications to alimony in court. Anybody suggests that either the payor or the payee may request a modification of the alimony order from the court. The parties can now ask for an increase, decrease, continuation, or even a stop to alimony.

What is spousal support?

An ex-spouse can pay for the other spousal maintenance. Alimony is the more widely used term. Each spouse’s ability to meet their financial obligations is guaranteed by spousal assistance. These are duties that apply both during and after your divorce proceedings. Depending on your unique condition, the support’s intensity, frequency, and duration change. You can decide on the amount and duration of spousal support with your spouse. It is very similar to every other issue in a divorce. If neither party is treated unfairly, the court will uphold that judgment.

One spouse must need money and the other must be able to pay it for alimony to be awarded. The judge will also consider the standard of living that was established for both partners during the marriage. It will look into its length and both partners’ potential earnings after the divorce. The length of time the dependent partner will need to finish school will also be considered. Or, the potential to obtain a job-related qualification to keep the standard of living. The estates and possessions of both partners are taken into consideration. It’s part of determining each spouse’s needs and financial capacity.

Child custody and child support obligations between the couples are taken into account. It is part of determining the amount and consideration for spousal support. The child or children’s caretaker may be unable to support themselves. They may be too young or have conditions that make it difficult for them to do so. The spouse may need to stay at home to care for the child. Receiving alimony will have a significant impact on the case.

Spousal support may not always be required. If a partner is still employed, the divorce decree will typically sever all financial links. especially if each party is capable of supporting itself.

Can we modify spousal support?

Situations may change for you and your spouse. Several things could have an impact on your life. Your financial condition may drastically alter. It might be brought on by switching employment. It can be starting new relationships, relocating, or other problems. The divorce court’s alimony or spousal support ruling may no longer be appropriate. It doesn’t fit your current situation or that of your ex-spouse anymore.

Spousal support orders in Michigan may be modified by judges. The right to request a change in spousal support can be waived. Both spouses can renounce their right to request a revision when they state in the divorce judgment. The spousal maintenance clause becomes final and unchangeable.

Parties can use waivers only if they have consent judgments. The parties that have agreed on the terms of the settlement are permitted to use waivers. After a trial, the court cannot make spousal support irrevocable in its verdict. Spousal support is modifiable. The party requesting the modification must show a material change in circumstances. This change must be supported by facts. These facts must prove the loss of a home or work, a major sickness, or other unanticipated costs.

When does spousal support payment end?

Spouses can agree on a divorce settlement. The settlement agreement frequently contains a list of specific conditions. The condition can result in the termination of spousal support. These typically include the supported spouse’s remarriage or occasionally cohabitation. It can be the passing of either spouse. It can be a particular event. The supported spouse just got a degree or certificate that should result in gainful work.

Remarrying and cohabiting do not always result in the support obligation being terminated. The judgment may not have identified the specific circumstances that do so. Support can stop though. It can be. If the spouse providing alimony can show the other spouse used deceit. If the other spouse used coercion to negotiate the settlement. If the paying spouse can show a significant change in the ability to pay, the judge may decide to end support.

Will spousal support end if the receiving spouse remarries?

This kind of closed-ended question is best answered with a straightforward Yes or No. In reality, there are some obstacles to a simple answer. The fundamentals of Michigan’s alimony law state that a party may request it. A court may grant spousal support where it is appropriate to meet the needs of a spouse with a lesser income. Alimony comes in a variety of forms, but it’s quite uncommon for it to be regarded as permanent and binding. Instead, the agreement is determined by the ability to pay the payor and the need of the recipient. You can expect that some situations, such as remarriage, would affect spousal support.

If you, the receiver of spousal support remarries, the need to provide support is terminated. There is a fundamental premise of alimony. The financially dependent party cannot support themselves in a single living situation. This necessity disappears when you cohabitate as a married couple with a new partner.

The parties can have a different agreement or an agreement to the contrary. The statutory default norm on remarriage ending alimony is an exception. For instance, parties may sign a divorce settlement or prenuptial agreement. This agreement can specify how spousal support would end. Unless it is unjust or deceptive, the court will usually uphold an alimony agreement.

You must speak with a lawyer. You can be in a relationship and thinking about getting remarried. so they can inform you of what to expect. Know the circumstances under which your spousal support order may change.

Other circumstances could result in the termination of alimony. This is in addition to the law and marriage agreements. Based on a shift in either party’s situation, the payor may try to adjust the terms of spousal support. So bear that in mind:

[ a ]  You could lose alimony on the grounds of cohabitation. The need for alimony is believed to end when you live with another person.

[ b ]  The court may decide to stop paying spousal support. The court can do so for some reasons.  Your ex loses their job or another source of income involuntarily. If the payor’s financial condition changes because of child support duties, alimony may also end.

The most typical form of spousal maintenance in Michigan is periodic alimony. This serves as financial assistance while a party who earns less develops capabilities. These capabilities can come from new knowledge. It can come from newly acquired expertise, and experience necessary to support themselves. The length of the award—short or long term—does not matter as much as the recipient’s capacity to generate money. Support may end if your income considerably rises.

You must speak with a lawyer. You can be in a relationship and thinking about getting remarried. Your lawyer can inform you of what to expect. Know the circumstances under which your spousal support order may change.

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Interplay Between Immigration & Family Law in a Divorce – Michigan Lawyers

Immigration laws and family law laws interact with one another. This occurs when a non-American marries an American. The non-American is then granted entry into the nation as a result of the marriage. Now the marriage breaks down. Immigration will raise a red flag if the marriage conveniently dissolves. It dissolves just as your immigration documents are in order. What is the interplay between immigration and family law in a divorce case?

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Immigration authorities might think the marriage is a fraud. Your future might include deportation proceedings. If your marriage is legal, you ought to be able to remain in the country. If a divorce occurs, a motion to remove the requirement of marriage. It can be made through an immigration lawyer. This allows a non-American to remain in the country without the marriage requirement. You may not be a citizen of the United States yet. There are steps you can take to ensure your continued residence in the U.S. even after a divorce. Get the necessary advice. Engage an immigration lawyer.

How do you get married to a US Citizen?

You are not a citizen or intend to marry someone who is not. You might be interested in learning how to have a marriage that is accepted by the law. You can also have concerns regarding immigration. You can have concerns over the potential effects of marriage on your spouse’s status. In the US, it is legal for non-citizens to wed. Marriage does not automatically alter either spouse’s immigration status. The non-citizen spouse’s home country may or may not recognize the marriage. People with green cards and US citizens can get married to foreign nationals. Their foreign wives are eligible to apply for a marriage green card and join them in the country.  Your application process for immigration will look different in each case. It depends on where you and your intended spouse live.

You and your future spouse live in America already

You and your future spouse are already living in the US.  They most likely hold a temporary work or visitor visa. To do this, the temporary visa must be changed into a green card.  It is done via a procedure known as “adjustment of status.” You get married and register your marriage with the state or county authorities.  You must register the marriage where the ceremony took place to begin this process.

Keep in mind the “90-day rule.” A policy in  U.S. Citizenship and Immigration Services (USCIS) is meant to guide applicants for green cards from within the US.  It is a way to test if you have misled government officials. It is used when you applied for visas or were allowed into the country. Temporary visa holders who marry or seek a green card within 90 days of entering the country can have their applications rejected. Their present visas may be canceled. They can later have trouble getting a visa to the United States.

A U.S. citizen or holder of a green card can serve as a prospective spouse’s “sponsor.” You need a sponsor during the green card application process. You will need to apply alongside them. Form I-130 (formally known as the “Petition for Alien Relative”) and Form I-485 (officially known as the “Application for Adjustment of Status”) are submitted simultaneously. In USCIS this is known as “concurrent filing.”

All domestic applications must schedule a biometrics appointment. All interviews are in person with USCIS. A spouse applying for a green card must be able to keep a legal immigration status in the United States. Keep this status while waiting if you have a green card and are not a citizen of the country. You may be a citizen of the United States and your spouse came here lawfully on a visa but lost their status. They may be able to get it waived via the adjustment of status.

A valid visa is required to maintain a person’s immigration status. You need this visa until their green card application (Form I-485) has been submitted. A valid visa could be an H-1B work permit or an F-1 student visa. You will have to postpone submitting a green card application from within the US. You must wait until a visa number becomes available before doing so. American citizens’ spouses are automatically eligible for visas. Green card holders’ spouses are not. This means that the spouse who is making a green card application must have a visa that is good for 2.5 years. This comes after the green card application for marriage-based immigration was submitted. 

You live in the US but your future spouse does not.

You have two choices if your potential spouse is not from the United States but you are:

Option 1: Get married abroad and then apply for a green card via consular processing at a U.S. embassy or consulate. Complete and submit Form I-130 and Form DS-160. This is the Online Nonimmigrant Visa Application. Both are required. You must have a medical exam and attend an interview at a U.S. embassy or consulate. This alternative does result in a green card as soon as you arrive in the United States. This process can occasionally be a lengthy procedure.

Option 2: The second choice is to have your future spouse enter the country on a K1 visa. You know this as a fiancé visa. It enables you to wed in the country and later change your spouse’s status to a green card holder. A U.S. embassy or consulate must be contacted in advance for this visa.

A couple must normally have met in person during the past two years before applying for a fiancé visa. The foreign spouse applying for the fiancé visa must wed their American partner. They must marry no later than 90 days after arriving in the country. The foreign fiance might be required to leave if they fail to do so. You must submit Form I-485. The form calls for biometrics and perhaps an interview, after being married in the US. The green card application might still be in process. The non-U.S. partner must apply for a work permit and a travel permit if they want to work or travel outside of the country. These options require temporary separation from your spouse. Your spouse is still applying for a visa or green card abroad.

 Your prospective spouse and you both reside outside of the United States.

The K1 visa is the greatest option if you wish to immigrate to the United States, get married, and then remain there. Your prospective spouse can enter the country on a fiancé visa, Get married, and then change their status. You can always get married on a temporary visa as long as you follow state marriage laws. You must also understand the “90-day rule.” You won’t be eligible for adjusting your status in the United States. This may be the case if you simply want to get married in the United States. You can then return to another country to apply for a green card. You can apply perhaps for employment or family reasons.

You might desire to live abroad at first after being married to a foreigner. This also works. All marriages consummated outside of the country are recognized by the US government.  They are as long as they were registered there. You won’t be subject to U.S. state marriage laws either. You have to follow the laws and traditions of the nation you wed in. This includes laws pertaining to eligibility, parental approval, and divorce procedures.

Special considerations

Civil weddings should be recognized by local or national authorities. Only marriage certificates in hand are accepted by U.S. officials. Polygamous relationships and underage marriages are not recognized in the place of celebration. Domestic partnerships and other similar relationships are not recognized as marriages.   Proxy marriages in which one party was not present during the ceremony. Relationships entered into solely for immigration reasons are not recognized by USCIS. USCIS will not recognize them even if they are legal where they were celebrated). Your country of origin may recognize a particular kind of marriage. It may not be acceptable to the U.S. government for the purposes of sponsoring or being sponsored as a spouse.

For same-sex marriages. Get a marriage certificate from a country where same-sex marriages are allowed. It is required as proof of a same-sex marriage’s legality. The law of the country where the marriage was celebrated decides.  It is local laws that determine marriage is legally lawful for immigration reasons. It will be valid as long as the location or country permits same-sex marriage.

USCIS takes marriage fraud very seriously. As part of your application, they can ask for confirmation of your marriage’s bona fides. They will inquire if it was the result of an actual relationship. The officer can think you might not be in a real marriage. You might also face additional requests for evidence or questions during your interview. The U.S. Code 1325: Improper Entry by Alien. It states that it is unlawful to marry a foreign national for financial gain. Individuals found guilty of such an offense face a maximum sentence of five years in prison. They can get a maximum fine of $250,000, or both.

What does conditional permanent residence mean for an immigrant spouse?

You entered the U.S. via immigration based on marriage. At the time of entry, the marriage had just been a little less than two years old. You will be granted “conditional permanent resident status.” You enter via immigration. It means you have USCIS approval for lawful permanent residence. Your entry was through an immigrant visa issued by the U.S. consulate.  Except for the two-year duration, this status is the same as a regular permanent residency.

The goal is to put the marriage to the test. The U.S. government is quite worried about people who get into fictitious marriages. Going into a union in order to provide the non-citizen permanent residence. It can be in exchange for money, out of friendship, or for some other reason. The American government is aware that these certifications are susceptible to forgery. Every couple is originally requested to submit detailed paperwork. Provide documents demonstrating the validity of their marriage. It wants to know if the couple can, in fact, continue the alleged deception for another two years. The conditional resident must submit USCIS Form I-751 to USCIS within the 90-day period. It is a petition to be completed before the end of the two-year testing period. You need it to get full permanent residence status.

This is done as a joint petition with the signatures of both spouses. It should go with updated evidence of the marriage’s continued existence. Birth certificates for infants who were born recently, for instance. They are a great source of evidence. Couples intending to commit marriage fraud rarely seek out therapists to help the relationship. Records of visiting a marriage counselor can be helpful. The immigrant spouse should be granted full permanent residence. This is done once USCIS has finished reviewing the I-751 submission. The immigrant can later apply for citizenship in the United States. The time of conditional residence will also “count” as permanent residency. Not every marriage lasts long enough to submit a joint petition. This happens frequently for reasons other than fraud.

Will divorce affect my conditional permanent residence?

A divorce can undoubtedly raise concerns. USCIS does not automatically assume that the marriage was a fraud. It is not necessarily the end of the immigrant’s ability to remain in the country. This is presuming that a final divorce is granted before the I-751 petition deadline. To avoid having to file jointly, the immigrant spouse must submit the I-751. Submit the form with a proof that the marriage was genuine at the time it was entered into. Request a “waiver” from USCIS.

The timing concerns can become complicated if the U.S. citizen declines to sign a joint petition. The divorce is still in progress when the I-751 is due. There are ways to get around this with USCIS. Request extra time to get a divorce decree that is final. You should get legal assistance. The immigrant might renounce their immigration status. The immigrant can be subject to removal from the country.

Can I be free of financial responsibility if I divorce my immigrant spouse?

Your marriage is ending and you are a citizen or lawful permanent resident of the United States. You petitioned for your non-citizen spouse to immigrate. You need to move swiftly to prevent having to support your ex for many years. You have probably submitted an affidavit of support (USCIS Form I-864) for your spouse. It says you took legal responsibility for providing financial support to your spouse.  You will and will continue to do so up until one of four things occurs:

[ 1 ]  The immigrant spouse passes away; 

[ 2 ]  The immigrant spouse acquires U.S. citizenship; 

[ 3 ] The immigrant spouse accumulates 40 work quarters toward Social Security (about ten years); or 

[ 4 ]  The immigrant spouse departs the country permanently.

Divorce is not on that list. Divorce does not release you from your financial obligations to your immigrant spouse. You are obligated to provide financial support for your spouse. But, it depends on whether your Affidavit has been submitted to the U.S. government. And it depends if your spouse is subsequently granted permanent residence. Prevent the final green-card approval from going through. Write to USCIS as soon as possible to withdraw your I-130 Petition for Alien Relative. You should then refuse to provide the I-864 and any other needed documentation.

You’ve submitted all the required paperwork. Your spouse is already in possession of conditional or permanent residency. In this case, it’s generally too late to change your mind. Only if it was obtained fraudulently will USCIS be likely to revoke your spouse’s green card award. You now have the duty to pay support. But if that’s the case, you can be charged with participating in fraud as well. You could face certain penalties.

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Do’s and Don’ts to Win 50/50 Custody for Fathers – Michigan Lawyers

Is it possible for a father to share custody equally? Yes, custody can be shared equally. Both the mother and the father have an equal chance of obtaining physical and legal custody. Along the road, there are landmines. You can improve your chances of obtaining custody by avoiding a few things. In deciding the child’s best interest, the court considers different things. Do not get involved in anything that will make people think negatively of you. Domestic violence within the family is one. It can be a circumstance where the police arrive at your home. Arrest you for domestic violence. You should not be in situations where you can be accused of domestic violence. What are the dos and don’ts to winning 50/50 custody for fathers?

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All other factors are equal and you are charged with domestic abuse. The other parent is get awarded custody. Ensure that the situation doesn’t get worse whatever occurs. Your largest minefield is escalation. Second, be careful not to undermine the role of the co-parent in front of your child. Don’t try to malign your co-parent during the time you spend with your child. The desire to criticize the other parent due to past grievances is constant. You are the one being misrepresented if the gossip is heard in court. Skip the drama. Whatever happens, don’t make the drama that is already developing worse. Your landmine is the drama.

What are the ways you can end up being charged with domestic violence?

Domestic violence is a learned pattern of behavior. One person manipulates another by physically, sexually, or emotionally abusing them. Any violent act committed against one of the following makes ups domestic violence:

[ a ]  A former or present spouse. 

[ b ]  Someone you are dating or have dated.

[ c ]  A partner with whom you have children. Or, 

[ d ]  A roommate, current or former.

There are often two ways that domestic abuse allegations start. A domestic disagreement that resulted in someone calling the police to your home. Another is the alleged victim requested a Personal Protection Order (PPO).

You can be punished severely if found guilty of domestic abuse. 93 days to two years behind bars, fines ranging from $500 to $1,000, probation, and restitution. If you have been found guilty before of domestic violence, you might receive a prison term of up to five years. A $5,000 fine, up to 5 years of probation, and restitution are all possible penalties. In a domestic abuse case, police may make an arrest based only on the complainant’s assertions. Police need not have seen the unlawful activity. Prosecutors can use prior criminal activity to prove a defendant’s guilt. This includes rage episodes. Many innocent persons are accused of domestic abuse and convicted of it.

What happens if your spouse ends up calling 911?

This is what will happen when your spouse dials 911. The moment the cops are informed, they’ll hold you in custody. They’re going to accuse you of domestic abuse or domestic violence. Because it protects the supposed victim, it is beneficial the majority of the time. It will be challenging for the caller or your spouse to keep you from getting charged with a crime and locked up. Your spouse made allegations you were abusing or committing violence.

As soon as the police get engaged, your spouse has lessened control over what happens. Your house will be visited by the police. Your partner just accused you of domestic violence. Your spouse is about to send you to prison.

The police are not your relationship counselors. They are there to serve and provide protection. Law enforcement focuses on crime and punishment. Domestic violence is illegal and a significant one. Most people are oblivious to this. Once a domestic violence call is received, someone gets taken into custody.

Many people think a charge of domestic violence can be dropped. They believe they were the ones who reported, they can take back the report. That is untrue. In a case involving domestic abuse, the defendant is being sued by the people of Michigan. Your spouse has no influence whatsoever on the decision to dismiss the case. A no-contact order can be enforced. The offender must abide by it. Visits between your spouse and your children are prohibited by a no-contact order. You may not be able to speak with your spouse or children on the phone or in person. Your capacity to work can be affected.

The case can still be heard in court even without your spouse, the alleged victim. The phone conversation and the police report serve as more than enough proof. If the victim doesn’t appear, the case will unravel and not move forward. This does not suggest that things will be fine if your spouse skips court.

Your spouse could still be required to testify in court by the prosecutor. Finding a lawyer in your case can be costly and time-consuming. Don’t create a situation that forces your spouse to dial 911. Or avoid a situation where you are alone with the police bent on arresting you. Most likely, someone will be detained after being accused of domestic abuse. It better not be you in a domestic violence call.

What happens if you end up being charged with domestic violence?

Every relationship has conflicts. Most people feel obliged to call the police when you become violent and escalate. It might even help find a solution and diffuse the issue. What would happen if you are the reason why someone called the police? You need to be alert and prepare yourself for what will happen after the police show up. The police are aware that there has been a reported crime or assault. A family member or close friend is assumed to be the victim of the crime.

This is how the claimed act of domestic violence will unfold.

[ 1 ]  The police are required to investigate every report of domestic violence.

[ 2 ]  Your attorney will check to see if the police arrested following the law. You are suspected of domestic abuse. The police will search for “probable cause” to detain you or to press charges.

[ 3 ]  Your spouse who reported the incident will be provided a fact sheet on the rights of the victim.

[ 4 ]  The police will file a report on the incident and whether an arrest was made. The prosecutor will receive the report.

[ 5 ]  The prosecutor decides which charges to bring. Your lawyer can attempt to get the charges withdrawn or reduced.

[ 6 ]  You can be charged with a crime and appear in court if the prosecutor decides to press the case. A bond will be established in the district court. Your bond amount will be decided by the court based on the following factors:

[ a ]  The accusations’ seriousness.

[ b ]  Your personal and criminal history.

[ c ]  Your danger to everyone’s security. And, 

[ d ]  If you are considered a flight risk. 

Your counsel might ask for a lower bail.

[ 7 ]  Domestic abuse is punishable by a felony or misdemeanor penalty. A pretrial hearing for your case will then be scheduled by the court. You’ll probably be charged with a misdemeanor domestic violence assault. The three possible pleas you can make are guilty, not guilty, and no contest. You have the option to say nothing, which is regarded as a not-guilty plea. A trial date can be set. Your lawyer will recommend the best line of action.

[ 8 ]  The district court may conduct an initial review if you are accused of a felony. It will decide if the case needs to be moved to the circuit court.

[ 9 ]  The circuit court may hold a criminal charge trial if you enter a not-guilty plea. If the charge is a misdemeanor, it will also be heard in a district court.

[ 10 ]  If you are found guilty or plead guilty, you run the danger of facing fines and jail time. or have your case rejected. The judge will continue with your punishment. Your counsel will work to get you the lightest sentence possible. If it’s your first offense, they might be able to work out a deferred sentence for you.

You can be found not guilty. The charges can be dropped and you are released.

What are the dos and don’ts to win 50/50 custody for fathers?

What are the “do’s” and “don’ts” to winning 50/50 custody for fathers?

Various circumstances can result in parents losing custody of their children. In Michigan, issues regarding child custody involve the courts a lot. The court won’t be happy to have you take over that role. The court looks at how you and your spouse and child interact. Your behavior will be carefully observed. 

What are the “do’s” to winning custody?

[ a ]  Do stick to your parenting plan.

[ b ]  Do collaborate with your co-parent to follow the parenting time order.

[ c ]  Do put the best interest of the child above yours.

What are the “don’ts” to winning custody?

[ a ]  Don’t defy or circumvent court orders.

[ b ]  Don’t neglect or abuse children.

[ c ]  Don’t resort to violence or show children acts of violence.

[ d ]  Don’t disparage your co-parent or cause alienation of your co-parent.

[ e ]  Don’t disrupt parenting time or violate parenting time orders.

It will be easier for you to face the task if you are aware of what you will be up against in a custody dispute. Find a lawyer who is informed about child custody. Finding one who will fight for your child with you is the best course of action. After a divorce, many factors determine who is awarded legal custody of the child. The parent can keep or lose custody of the child based on these factors. The court can rule a parent is unfit to raise their children. The court can do so if a situation emerges making their removal necessary.

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The Epic Summer for Reflecting on Uncommonly Great Beginnings After Divorce

Hot summer! The season for having great things to do with children off school. When you’re going through a divorce, an epic summer is just what you need with the children. It’s an opportunity for a lot of reflection. First things first. Get over the preparation.

You need to work with your spouse on the details of your summer activities. Don’t ruin your summer trip with calls from your spouse. Calls inquiring about where you are and what you’re doing with the children. Get organized.

7 Tips to Having A Great Summer With the Kids and Avoiding a Contentious Divorce Process

Here are some tips to help you survive your summertime with the children and your soon-to-be divorce process.

[ 1 ]  Brainstorm ideas for activities with children. Think about doing things on their own and doing things with you. You’re supposed to be with them so be part of the activities. This summer is for you also.

[ 2 ]  Outline your trips and activities on this trip and have a schedule. Needless to say, do this way ahead of time since you need to prepare for them. List down what you need to bring with you and who will be with you in parts of the trip and activities.

[ 3 ]  Mapped out schedules that are not overlapping with your spouse’s time with the children. If you ruin your spouse’s schedule with the kids, this can reflect on you. It can be a point against you later.

[ 4 ]  Inform your spouse about your summer activities with your children. Better yet have it on paper or email it with information about where to get in touch with you. You don’t want to start your divorce process on the wrong foot by setting your spouse up in a fighting mood. Be fair. Your spouse is still a parent to your children.

[ 5 ]  Avoid social media. Take lots of pictures but don’t post them on social media. You don’t know how your spouse will react to your children’s pictures on social media. You don’t know how the court will react either. Be on the good side and keep the pictures for yourself. Avoiding social media has another benefit. It avoids inviting criminals and predators as stalkers while you are on a trip.

[ 6 ]  Avoid discussing divorce with the children if you can and if you have a negative perception of your spouse. You may end up disparaging your spouse. You can end up defending yourself later if the court hears about it. There will always be a proper time for discussing divorce.

[ 7 ]  Keep the bond between parents. Your spouse will be an ex-spouse soon enough. Don’t forget that you will always be a parent. Respect that bond. Protect it. The court is focused on protecting it and will punish you if you think otherwise. Don’t be on the wrong side of the judicial system.

You are unique. You are special. What you are about to experience in your divorce process will be unique to you and to your family. You can use this moment to collect yourself and think about how to prepare for your divorce. Form a vision of how you want your divorce to be. The courts take divorce on a case-to-case basis. So will your lawyer.

4 Tips to Making Your Divorce Go Smoothly

While you’re in a reflective mood, it is best to think about how to make your divorce go smoothly. The key is to make the whole experience less contentious for you and your spouse. Take the lead in the process. Work with your lawyer. You want to have a semblance of control over the process.

[ 1 ]  Be clear and purposeful in your communication. Avoid using your mouth as a punching glove. Use it to inform and clarify. Listen to understand, not reply. 

[ 2 ]  Keep your emotions in check. It is not just to avoid a fight but because it will reflect badly on you as a spouse and as a parent. Your behavior can be taken against you later. Seek a therapist if you have to. Keep your pain from driving you to lash out. Talk to someone preferably a professional.

[ 3 ]  Keep the best interest of your children in mind always. You focus on your children in your decision-making and action. The court will be on your side. So, never use your children as leverage.

[ 4 ]  Use the rules and divorce process as a tool to get through the divorce quickly and cost-effectively. Don’t use it to punish your spouse for past transgressions. Doing so will make it contentious. It prolongs the process and increases legal costs.

Don’t get lost in your emotions. Focus on facts. See the divorce process like a business transaction you need to finish so you can move forward. The courts are focused on the best interest of the children. They will be focused on what is fair and equitable for you and your spouse. Don’t get sidetracked by the drama of it all.

Neither the courts in Michigan nor those in any other state are biased against either gender. The parents resolve these disagreements in child custody themselves. They are not even being considered by the judges. If you are currently pursuing a divorce, your goal should be to avoid a trial. Out-of-court settlements are reached in 98% of divorce cases. Avoid litigation and confrontation by finding a peaceful solution to your disagreement. 90% of child custody cases were resolved amicably. Data from 2018 shows that in 79.9% of these agreements, women were selected as the main caregivers. The decision to do this was made by all the parents, not the judge.

Go back to that calm reflection about your divorce. 

Don’t forget it’s summer. You either are experiencing the heat or having fun.

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