Can a Bipolar Parent Be Granted Full Custody in Michigan?

Can a Bipolar Parent Be Granted Full Custody in Michigan?

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Learn more about child custody procedures

One of the most important things to remember when attending a custody hearing or proceeding is that the court is obligated to rule in the best interests of the children concerned. When a couple divorces, the gap can appear as mistrust between the now-ex-spouses, who may question someone else’s abilities to raise their children properly and efficiently. In these situations, a court may require an inquiry by a professional evaluator to determine if shared custody between the parents or exclusive custody to one parent is the best option for the children of the parents. Here is what you need to know if a bipolar parent be granted full custody in Michigan.

How the Michigan Court Grant Full Custody to the Bipolar Parent

If the status of a parent has a mental illness, the courts prioritize the child’s best interests over all other considerations when determining custody. This encompasses both physical and emotional security. The most significant way mental illness affects child custody is if it is hazardous or damaging for a child to be with one parent.  

 

  • A Parent’s Mental Illness Doesn’t Disqualify Them. It will, however, definitely have an impact on the decision. When determining parenting time, the court considers whether it has a negative influence on parental capacity or the child’s connection.
  • The Severity of the Impact on Child Custody. A disorder may require continuous hospitalization, cause a parent to have violent outbursts, or necessitate in-home care. All of these elements could influence a case in the other parent’s favor.
  • The Impact of a Manageable Condition Is Often Less Severe.  A judge is less likely to refuse custody if medication, counseling, and other measures keep symptoms under control. Mild mental illness, such as moderate depression or anxiety, may not affect the outcome.

 

Therefore, there is no issue so and no automatic disqualification. Can a bipolar parent be granted full custody in Michigan? The answer depends on the situation. 

Can Mental Illnesses Affect Child Custody Case in Michigan?

In this case, legal custody claims may be compromised. Courts consider these issues when one parent has a documented history of mental illness-related violence or other behavior that could damage a child.

While mental illness has an impact on child custody in some situations, it may not have a significant impact on a decision. It all comes down to the degree of the condition and if the court, with the help of mental health doctors, determines whether the child is safe or not.

A court may grant parenting time to a parent who is coping with mental health challenges, depending on the circumstances. These could be done through short periods of visitation that need to be supervised. However, it is entirely dependent on the reality of the case. The amount could be based on the parent following a mental health plan, maintaining a stable home, or meeting other criteria.

Goldman and Associates Law Firm can assist you with this problem. Our Michigan, Detroit attorneys have the necessary answers to the question of whether a bipolar parent be granted full custody in Michigan. You can book an appointment with us anytime and online.

Will An Increase In Income Causes an Increase in Child Support? From the Court of Michigan

If I Get A Significant Increase In Pay, Does That Mean I’ll Owe More In Child Support? – Michigan Lawyers

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Learn more about child support procedures.

People who are not familiar with family law have a lot of misconceptions regarding child support. To begin with, the concept that only fathers pay child support is wrong according to Michigan and many other states’ laws. Another misconception is that courts do not take into account all aspects of a person’s income. While the court can only make conclusions based on the material that is submitted to it during a hearing, it is the individual’s responsibility to ensure that they are presenting evidence to accurately indicate their income.

How an Increase In Income Causes an Increase in Child Support?

It may have an effect, but not always or in the long run. The court will not examine your paychecks on a weekly basis. Someone will have to file a petition to change the support to a higher amount in order for you to receive extra money. There will be no attempt to alter it if no petition is filed. A change in circumstances must be shown to the court.

Which Parent Is Responsible For Paying Child Support?

It depends. Contrary to popular belief, males are not usually required to pay child support to mothers. In most cases, if parents have equal parenting time and the mother earns more money than the father, the mother will be required to pay child support. Even if the mother works more nights than the father and earns significantly more money, the mother may still be required to pay child support to the father.

Many disadvantages in the support system are eliminated by the formula calculations, which emphasize a balance of party income and overnights with the child above perceived gender roles. So, there is most likely an increase in income causes an increase in child support.

What Can I Do to Persuade the Court to Change My Support?

To petition for a modification of support, the moving party must be able to show that “circumstances” have changed since the last support order was issued. For example, the loss of a job or a change in wage can lead to a modification of assistance. A motion to modify child support can be made if one parent spends twenty-one more nights with the minor child(ren) than is specified in the parenting time order. To ensure you have a legal basis for seeking a modification, speak with a family law expert who can advise you on your case.

Is It Necessary for Me to Pay If I am Ordered Even When I Still Have My Kids?

Yes. If you have been ordered to pay support, you must comply with the order until it is altered. You must still pay based on the current order if you did not have your children for a long period when the order was entered and now have them all the time. If you want to discontinue paying child support in this situation, you must apply with the court to have your current order modified. You will be in violation if you stop paying support, even though you have full-time custody of your children and are still required to pay support.

In Metro Detroit, Goldman and Associates Law Firm can assist you with this problem. Our Michigan attorneys assure legal services that will yield the best outcome possible. Do not delay the opportunity to get to know if how and when an increase in income causes an increase in child support. You can  book an online appointment with us or simply visit the website for more helpful information.

Will Domestic Violence In Michigan Lead to a No-Contact Order?

Can Domestic Violence Result In A No Contact Order? – Michigan Lawyers

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Learn more about the nature of domestic violence.

Domestic violence is one of the tendencies that challenge households. Although many cases involved abuses toward women and children, violence can occur to any member of the house from any member. Many victims tolerate the first time the abuse took place. However, this situation may reoccur if no intervention happens. This issue will lead us to the question, “How will domestic violence in Michigan lead to a no-contact order?”

How No-Contact Order Resolve Domestic Violence?

Metro Detroit courts issue a no-contact order when there is domestic violence. The abuser does not mean immediately convicted if the police arrest him. The person will receive an order not to contact the victim in any form. Anyone in the family or someone in the neighborhood can report to the police that a particular domestic abuse occurred. The person cannot go back home because of the immediate effect of the order, even if the police release the abuser after the heated circumstance. This act means that the abuser must look for a place to stay, away from the alleged victim and as the legal case progresses. Any usual domestic obligation of the abuser, like bringing the kids to school, stops as well.   

What Will Happen If The Abuser Knows About the Order Before It Takes Effect?

This concern is highly relevant, especially when the abuse is physical. The victim must ask for an ex-parte order, a temporary emergency order, that will protect without the need to have a hearing or inform your abuser. Without this order, there will be a scheduled hearing. The abuser will have the chance to testify and challenge the protection order. If the judge denies the request for an ex-parte order, one must schedule a court hearing within 21 days for a standard protection order. Note that the order will only become effective when the judge signs it. Part of its provisions is the immediate effect of the court order itself and enforceable anywhere in Metro Detroit, Michigan, or the United States. It also includes the list of prohibited actions and the sanctions for violating the order. Lastly, it will contain the duration of the order or its end date and the law enforcement agency enforcing it.

Michigan Lawyers Advice to the Victims of Domestic Violence

There is no definite scale to measure the extent of domestic violence before you seek help. It is significant to know your worth and your rights as a person. Do not delay having the laws behind your back by tolerating the abuse countless times. You must speak with your lawyer and ask for legal advice.   

Goldman and Associates Law Firm is one of the domestic violence specialists in Metro Detroit, Michigan. The lawyers employed are eloquent on family laws and have served many cases to the best of their ability. If ever you have the same question, “Will domestic violence in Michigan lead to a no-contact order,” do not think twice and call them by this number, (248) 590-6600. You may also reach them by applying for an online appointment here.

What are the Ways to Change Custody Order in Michigan?

Is There A Way To Change Custody Order? – Michigan Lawyers

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Learn more about child custody procedures.

A custodial parent is a parent who has primary care, custody, and responsibility for a child. Any parent can file a complaint with the circuit court in the city where they live, requesting a change of custody order. There are numerous custody arrangements that the Michigan court chooses to suit the family‘s circumstances. The existing order from the court will remain in effect until a new order comes out. If you want to change your child custody arrangement, make sure the other parent will agree to it. It is easier to request a revision if both parents agree, and the court will most likely allow it. 

How Does Michigan Court Decide Who Gets Child Custody? 

There are two kinds of custody that the law offers. It is essential to know ways to change custody orders in Michigan. The first is legal custody, a parent’s right to make primary decisions about their child’s life. A legal custodian parent has the right also to communicate and spend time with the child. Parents commonly preserve legal custody and rights even after the signing of papers. The only way to lose it is to lose your parental rights or if the courts make a rare judgment to give the other parent sole legal custody. Physical custody is the other form of custody that refers to keeping the child in your house and under your roof. When the child lives with you and you plan to move somewhere else, the child should stay with you. Usually, one parent can have this type of custody. However, some cases allow this type shared. 

The Appropriate Motion to File for the Change of Custody Order

One must file a motion to change custody order to the same court and judge that gave the original order. If the original judge is no longer present, the judge’s successor can entertain the motion. A parent must justify the intention of the change by making one’s change of circumstance compelling and significant. The success of convincing the Metro Detroit courts that the change is necessary will make them revisit the appeal. Any emotional disagreement from the current custody agreement does not carry a heavy conviction in the court.   

How Lawyers Help Change Custody Order in Michigan Court?

You should seek continuous legal advice from your attorney if you want to undergo the ways to change custody order in Michigan. They will help you with the appeal and determine the best course of action. Moreover, the lawyers will aid in determining how to convince the court that something is happening that makes a relevant change in circumstances. 

Goldman and Associates Law Firm is one of the experts in child custody cases in Metro Detroit, Michigan. We focus on family law that makes your case more appropriate for us to work. You can guarantee that our lawyers will be with you all the ways that the law will require. If you happen to be one of those wanting a change of custody or know someone, do not hesitate to contact us at (248) 590-6600. You can also book an appointment here.

Does Being Married for a While Makes Divorce in Michigan More Complicated?

Will My Divorce Be More Complicated If I’m Married For A While? – Michigan Lawyers

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Learn more about the divorce process.

The event of divorce has no appropriate time during the marriage. The reason for having a divorce comes with a list of circumstances. It involves marriage that is no longer healthy and working for everybody in the family. One might think that being married for a while makes divorce in Michigan more complicated. Frankly, the time of marriage does not make divorce complicated. The Metro Detroit, Michigan’s court will not base or see long-married years as proof of a healthy marital relationship. Before settling on this answer, you should know what makes the divorce process more complicated. 

How to Tell that Divorce is The Last Option Left in Settling Marriage?

There is no objective or definite way to tell that marriage is bound to divorce. For this reason, many couples spend more time trying to make amends. This act is not wrong, and as much as possible, both should try their best to make things work. Married couples made vows in their marriage to stay for better or for worse until death do them part. One of the reasons resulting in divorce could be: one does not want to live together anymore, fights and resentments are persistent, and else, then this is a move to consider. The couple’s unwillingness to work things out together makes marriage no longer effective. 

Things to Consider that Makes Marriage Complicated

As pointed out in the introduction, time makes no degree in the success and complication of the divorce process. Instead, the involvement of children and properties makes the divorce complicated. A custody battle could interfere with the divorce duration, even if it is a separate case. Moreover, the assets and liabilities come in between the divorce process. For sure, this might complicate the divorce process unless there was a pre-nuptial agreement made before marriage. Still, this legal agreement does not mean the court will not evaluate marital properties. So, the assessment of businesses’ assets, liabilities, pension funds, and issues of support for children or alimony can complicate it. 

What to Do to Make Divorce In Michigan Less Complicated?

We already made a point that being married for a while makes divorce in Michigan more complicated is false. The circumstances that happened within the duration of marriage complicate things. We pointed out some factors, namely custody, and financial separation. The best thing to do is to seek legal advice. Metro Detroit attorneys can guide you with the laws and make them appropriate to your situation.

Goldman and Associates Law Firm is one of the best in Michigan. We focus on family laws, particularly divorce, child custody, and domestic violence. The advantage of this specialization is that the lawyers are knowledgeable, with more than sufficient knowledge and experience. You can guarantee that legal companions will be with you every step of the way in overcoming the complicated divorce process. If you find yourself situated in the above concern or know someone who undergoes the same circumstance, do not delay asking for help. Avail of our free legal consultation by booking an appointment online. You may also call us during office hours on this number, (248) 590-6600.

 

What If Unmarried Couples Separate But Own Marital Home and Have Kids Together? From the Court of Michigan

What If Parties Aren’t Married But Own Marital Home & Have Kids Together? – Michigan Lawyers

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Learn more about how family law works.

Many couples live together before getting married or choose not to get married at all. They invest in owning real state property or a house. Moreover, some of the unmarried couples already had a child to propagate. However, this setup is not a guarantee of a happily ever after. There are instances that these couples decide to separate, with all the properties and children in between disputes. Michigan court deals with unmarried couples who own marital homes and have kids differently from married couples. Unmarried couples are not granted the same legal protection as married couples, and they have less duty to one another in the event of a breakup. In other words, if you’re not married, the regulations that apply in a divorce do not apply to you.

What Laws Apply to Unmarried Couples’ Property Rights?

Unmarried couples who separated are not subject to the same laws as married couples who divorce. When a house or vehicle is purchased jointly under both partners’ names (as joint tenants or tenants-in-common), the split might be complicated, especially if both parties’ names are still in the loan. When you purposely combine your assets by creating a joint account or putting your names on a title to your home, each unmarried partner is still accountable for the share of the property and its debts. In contrast, any liabilities or assets acquired by either spouse during the marriage are joint responsibilities. The case would be different if the couples agreed to amend these terms in a prenuptial agreement. The legal assumption of independent property ownership is voidable if unmarried partners have a written agreement to share assets. The agreement of split assets is enforceable by the court. When an unmarried couple’s assets are determined to be jointly owned (for example, when both names are on a deed), the assets are regarded to be owned in 50-50 shares.

What Are My Rights in Determining the Custody?

There is a law called, Acknowledgement of Parentage Act in Metro Detroit, Michigan. The initial custody of the child is toward the mother if you sign a legal document stating that you acknowledge yourselves as the parents. Yet, this event will not have an impact on the chances that the father can gain sole custody. The court will decide or honor the mutual agreement of parents in who will become the primary caregiver. One must be mindful that the decision after thorough assessment will be only for the child’s best interest. If ever you encounter or know someone that fits this situation, “unmarried couples separate but own marital home and have kids together,” do not delay approaching family law experts. 

In Metro Detroit, Michigan, Goldman and Associates Law Firm employs excellent lawyers specializing in family law. In hundreds of domestic disputes around Metro Detroit, they have successfully handled domestic relationships cases. Our family law attorneys in Michigan take pride in their comprehensive understanding of Michigan’s domestic relations laws. You may set an appointment through our website or call us via phone for further inquiries.

What To Do If You Owe Thousands In Alimony from the Court of Michigan?

 

How Can I Lower My Alimony Payments? – Michigan Lawyers

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Learn more about the fundamentals of Alimony.

If you are thinking about filing for divorce, or your spouse has already done so, you might wonder how you may get some help from your financial troubles. Spousal support, commonly known as alimony, can be requested in Michigan if the applicant can show necessity and the other party can afford to pay. After a divorce, spousal support is a payment made by an ex-spouse to the other. Spousal support ensures that both spouses can meet their financial obligations throughout and after the divorce. Moreover, specific circumstances determine the amount, frequency, and length of assistance. The court will honor any agreed amount between both parties provided that it is reasonable and fair for them. 

How Does Owing Thousands in Alimony Affect The Ex-spouse Legally?

The ex-spouses who owe thousands in alimony from the Court of Michigan can be an offense. This offense could lead to criminal sanctions if taken for granted. One must apply for a change of circumstance in Metro Detroit courts to have temporary restraining of alimony. This action will make the court proceed with legal assessments; or reconsider the extent of the alimony finances. Furthermore, one has to keep in mind that the longer time of filing the motion could lead to heavier financial obligations. The court will most likely not eliminate the support needed within the time of no filing of a motion for reconsideration. One should negotiate with the ex-partner and explain that the situation is different from when the alimony was approved. It will be a good thing if the other party understands the situation. However, someone should seek legal advice and action to prevent negligence of duty.  

What Can I Do to Get the Best Possible Spousal Support Arrangement?

The importance of seeking legal consultation is to have justice and fairness applicable to one’s unique situation. The judges only impose alimony when it is just and reasonable for either party. They will consider the party’s capability to pay, their character and status, and all the other facts of the case (according to MCL 552.23). Alimony is established separately from property division and has as its primary purpose the balancing of the parties’ earnings and needs. It is normal to demand or to offer the best alimony set-up.  Moreover, you are also encouraged to discern a payment plan or manage your finances to achieve the required alimony. Again, if you can negotiate with your ex and both of you agree, the Michigan court will accept that if it is for the best.

Benefits of Seeking A Family Law Expert or An Alimony Lawyer

If you owe thousands in alimony from the court of Michigan, there are more things you need to think about. Attorneys can help you with the following, among other things:

  • Calculation of alimony support
  • Modification is encouraged.
  • Changes in the economy
  • Changes in income
  • Procedures for remarriage

In Goldman and Associates Law Firm, you have the assurance of competent legal advisers of spousal support and family law. Contact one of our experienced, talented, and informed attorneys for a free, confidential consultation if you are experiencing an alimony dispute in Michigan. You will be assured of help at every stage of the divorce process. You can book an appointment online.

How Does a Father Establish Paternity in Michigan?

How Does a Father Establish Paternity? – Michigan Lawyers

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Learn more about the Paternal Rights in Child Custody.

The circumstance behind establishing paternity involves a child from a non-marital union or during separation. A father figure is essential in the development of the child. This role is part of the promotion of the child’s best interest. The desire of the father to have paternal rights is a legal concern that needs protection and maintaining order. There are things to consider about how a father establishes paternity in Michigan.

The Need for Affirmation Before The Michigan Court Grants Paternity

In some cases, either parent may doubt the father’s involvement with the children. The accepted affirmation must be empirical or scientific. In our technological case, we have DNA testing and analysis to determine. However, there are circumstances that the proving process becomes problematic when both parents do not cooperate. This situation will lead to a lawsuit that a father may file with the help of his legal consultants or lawyers. The attorney will file a due process or DP case in the Metro Detroit court. In other words, there will be a petition to push through with the paternity case. This move is relevant in attaining the best possible outcome, rather than seeking justice alone with a difficult ex-partner.

The Court’s Response to Cases that Establishes Paternity 

The first move that the court does is to conduct a hearing. The Metro Detroit, Michigan court will assess the case for a reasonable belief that the man claiming paternity is beyond doubt. The court will request the process of affirmation by ordering a DNA test. This test shall be under laboratories credited to ensure the certainty and integrity of results. The child and the father will undergo swabbing or other ways of taking samples. Afterward, the testing will proceed, and the expected outcome must be a probability of 99. 99% DNA match. The result is the basis that determines whether the claiming father will have the established paternity.

Michigan Attorney’s Advice to Fathers Wanting to Establish Paternity

Having said that the child’s best interest is a top priority, in having the court established paternity, the father is subject to both rights and responsibilities. The court emphasizes relevance with this for the benefit of every party involved. The benefit of having paternity is having custody rights and parenting time. Moreover, the court will address the father’s commitment by determining child support rights. These things will flow from that established paternity. Yet, again, the court has to verify actual paternity. So, it is necessary to undergo legal consultation to have appropriate actions. Putting these matters in hand may result in inappropriate and immature decisions.

If you have encountered this kind of case regarding a father establishing paternity in Michigan, do not hesitate to ask for legal advice. In Metro Detroit, Goldman and Associates Law Firm can assist you with this problem. They are experts in family law and other legal cases they experienced. Our Michigan attorneys assure legal services that will yield the best outcome possible. Do not delay the opportunity to fight for your paternal right. You can book an online appointment with us. 

 

How Does the Michigan Court Determine Alimony Payments?

How Can I Lower My Alimony Payments? – Michigan Lawyers

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Learn more about the fundamentals of Alimony.

A failed marriage could probably mean freedom from the underlying cause of the separation or divorce. One is not free from the financial support that one must take seriously as an obligation. First, a parent is responsible for the continuous aid of an offspring through child support. Second, an ex-spouse may have the legal request of giving financial support through alimony. Alimony is also known as spousal support. Many spouses undergoing separation or divorce may be concerned about how the Metro Detroit, Michigan courts determine alimony payments.

Things to Keep in Mind in Wanting to Lower Alimony Payments

For whatever reason, a person would wish to lower the spousal support. The change of alimony can only be possible legally as the court has the authority to decide or alter its decision.  The amount is reducible if there has been a significant change in circumstances. The party must request a command addressed to the court for this circumstance. The court order is a divorce decision stating the agreed spousal support or alimony payments from the separation or divorce. Moreover, a granted decrease in alimony payment is achievable if there has been a significant change in circumstances. Evidence or proof is required for the court to consider reducing or eliminating alimony. In other words, the court will decide immediately on its own. 

Michigan court must determine what is going on in your life. Alimony is calculated separately from property division and aims to balance the parties’ earnings and needs. Even though Michigan is a no-fault divorce state, the court can nevertheless examine both parties’ behavior during the marriage. This case includes other criteria such as the length of the marriage, both parties’ ages, and the parties’ current condition.

What Is the Best Thing to Do to Accomplish the Process of Lowering Alimony Payments?

You cannot take this matter without involving legalities. Someone might think to put things in one’s hands, which is not a wise decision and may cause deeper relationship problems. Changing an alimony court decision is not automatic. You must contact your lawyer for them to study your significant circumstance that led to your desired modification. They are going to look at two items. First, the lawyers will determine what the alimony order states. In the majority of circumstances, the order’s decision grants it. Second, the attorney will assess the significant change in circumstances that warrants a decrease or even removal of alimony. Depending on the severity of the situation, this could happen very quickly. A possible cause is an accident, or the company where you work closes down, leaving you without a source of income. 

Goldman and Associates Law Firm is one of the legal services in Metro Detroit, Michigan, that can help you with these legal matters. The advantage of family lawyers is the experience and the expertise they have. Contact one of our experienced, talented, and informed attorneys for a free, confidential consultation if you are experiencing alimony or spousal support dispute in Southeast Michigan. You can book an appointment with us.  

 

How Does the Michigan Court Handle Child Custody In Annulments and Legal Separations?

Who Gets Custody Of Children During Separation? – Michigan Lawyers

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Visit this page for more discussions about child custody.

Sometimes, two legal terms have been subject to interchangeable usage. The terms are annulment and legal separation. The misunderstanding could be that couples in these states are no longer together. The two have different meanings that everyone must know for legal matters. First, an annulment is the declaration of a nullity in a marriage or completely dissolves a marriage. Second, legal separation is not a divorce for spouses cannot marry someone else. Both of these do not just involve spousal status but also child custody. So, let us discuss how the Michigan court handles child custody in annulments and legal separations?

Is There A Difference On How A Legal Separation or Annulment Handle Child Custody Than In Divorce? – Michigan

Legal separation has similarities when it comes to child custody. A legal separation can either be the initial step before a divorce conclusion or that it will be the alternative. As mentioned in the introduction, the difference is the validity of marriage still exists. The separation will not affect the custody issue. However, the annulment most likely obtains the same custody effect with minor differences. Nothing changes the fact that child custody is not affected by the parent’s marital status, thus there is nothing to state that the rules for an annulment are different. The minor complication that the court oversees is the paternity status of the child’s father.  

How Annulment Challenges the Custody Rights of the Father?

The legal father of the child is the mother’s husband. This is what the court is supposed to believe. However, an annulment signifies that the marriage never took place and the male spouse is no longer her husband. The courts will accept the man acknowledging himself as the legal father, so this is a simple issue to deal with, even without a DNA test. Once a recognized form of fatherhood has been established, both legal parents, whether married or not, have the same rights as any other mother and father. 

Does annulment make a difference when it comes to grandparental rights?

Surprisingly, yes! Marriage and divorce both give comparatively little deference to grandparents when it comes to visitation or custody. The family courts give strong deference and priority to married parents. However, if an annulment renders the marriage nonexistent, this opens the door to grandparents being granted visitation or even custody. The consideration will happen if it is in the child’s best interest. 

It requires a thorough discussion of how the Michigan court handles child custody in annulments and legal separations.  Visit your trusted attorney for the appropriate legal advice. Goldman and Associates Law Firm is one of the service providers of family-related concerns in Metro Detroit, Michigan. Our family law attorneys could provide you with profound ideas based on specialization and experience. Do not think twice about asking for legal help. You may contact us during office hours using this number, (248) 590-6600. You can also book an appointment anytime using our website.