Will Obtaining Custody Be More Difficult if the Court Orders A Mental Evaluation? Court of Michigan

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Oftentimes, people are hesitant to get a psychological assessment because they’re worried that will obstruct their progress in obtaining custody. The truth is, it is not the assessment that obstructs one’s capacity to obtain custody. The findings through the assessments are what matters. If a person is mentally ill or unstable, The fact that somebody asks one or both parties to submit to any kind of evaluation means they will lose custody. Courts make custody decisions based on what is best for the child in any given situation. The psychological well-being of the parents is one component of this. It is not recommended for a child to stay with a parent who is mentally incapable of caring for them. This is why obtaining custody will be more difficult if the court orders a mental evaluation since the court assures that the child’s security is in good hands.

What is the purpose of a psychological evaluation?

You can request a psychological evaluation from the court if you have serious concerns about your former partner’s mental health. This request will be granted or denied at the judge’s discretion. If you request a psychological evaluation for your former partner, be aware that you may be assessed as well. If one parent’s mental health is in question, it is common to examine both of them. As they say that obtaining custody will be more difficult if the court orders a mental evaluation, a mediator can ask for an evaluation of one or both parents if you’re going through divorce arbitration. If the judge believes the case warrants it, he or she can order a court-ordered mental health evaluation.

How to determine if the parents are unfit?

The legal definition of an unfit parent is a parent who fails to offer sufficient direction, care, or support due to their actions. In addition, if the parent has a history of abuse, neglect, or substance misuse, they will be ruled unfit. From this behavior, obtaining custody will be more difficult if the court orders a mental evaluation since the process will begin once the evaluation is completed, the evaluator will provide their findings to both parties as well as the court. This happens before the custody hearing. The report will be the basis for making a final custody determination. In any crucial section, there is a need to assist the judge in determining whether either parent poses a risk to the child.

Goldman and Associates Law Firm in Metro Detroit, Michigan, is one of the legal services that may assist you with these legal issues. Family lawyers have a distinct advantage in terms of experience and competence. If you happen to ask if obtaining custody is more difficult if the court orders a mental evaluation, contact one of our experienced, skilled, and knowledgeable attorneys for a free, confidential consultation. You can schedule a meeting with us.

Does My Ex Need to Know What I’m Doing With My Kids During Custody? Michigan Family Law

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Even if the other parents barely visit their child, parents worry for their children when they’re away. It’s pretty difficult if you have sole physical custody and the child spends the majority of his or her time with you. For a lot of situations, we get to ask questions like does my ex need to know what i’m doing with my kids during custody or you should know where your child is during visitation. Maybe your ex is always late dropping off your child, or you’re afraid they’ll take the child without your permission.

During visitation, do I have the right to know where my child is?

Yes, if you have a custody agreement that states that parents must reveal the location of their children during visitation time. If a parent refuses to provide the location of their child, it is a violation of the order. That said, the question regarding “does my ex need to know what I’m doing with my kids during custody” should be applied since it is part of the agreement. You and your ex could agree to adjust your parenting plan to accommodate this condition, or you could seek the court to adjust if one parent does not want to include it.

Some parents don’t have to notify you where your child is during their visits if you don’t have a custody order. They may be able to lawfully remove the child out of the state or country without your approval in some situations. That is why obtaining a custody order is so critical. To obtain an order, you must either follow your state’s custody order process or use an alternative dispute resolution approach to achieve a custody arrangement with the other parent.

Is there anything I could do to know my child’s location?

You can contact the other parent while your child is visiting them, they are not obliged to tell you where they are unless you have a court order requiring them to do so. Some parents will call the cops, although this is not advised. It could destroy the parent-child bond and make the child feel frightened since they believe something is wrong.

Do I need to know who my ex brings around my child?

Unless you obtain a court order indicating otherwise, you have no say in whom the parent brings around your child. You should not prevent the child from visiting the other parent if the person does not pose a safety risk. Notify the court right away if someone in your child’s area poses a threat to his or her safety. If you’re coping with a verbally abusive or narcissistic parent, confronting the parent directly may not be an option. Consider going to court if the parent refuses to cooperate. To protect your child, you might be able to obtain an emergency order. If you suspect criminal activity, call the cops.

Goldman and Associates Law Firm is one of the child support 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 concerns or questions like “ Does my ex need to know what I’m doing with my kids during custody?” or any family related situations 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.

Will Child Support Be Raised If There Is Parenting Time Every Other week? Court of Michigan

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The physical and financial responsibility of caring for a child is shared by the parents of a child when married. The parent with physical custody, on the other hand, no longer has access to the other parent’s resources to assist them once they are divorced. Child support is a monetary payment issued by the court to assist in the resolution of the problem and to ensure that the non-custodial parent is fulfilling their obligation to maintain their child. The Michigan Child Support Formula is used by family courts in Michigan since child support should be raised if there is parenting time every other week. This formula is open to the public and is quite difficult. The parent’s net income is the most crucial aspect of the equation.

How Parenting Time Affects Child Support?

The parents’ salaries and the amount of time they spend with the children are two of the most important elements that impact the amount of child support each parent pays. This implies if the parents have a parenting time arrangement in place, the amount of time each parent spends with the child will affect the amount of child support he or she pays or receives.

What Does the Court Follow in Deciding Child Support Amount?

To determine how much child support should be ordered, Michigan courts will follow certain statutory requirements. The following criteria are to be considered by the court according to these rules.

The parents’ financial resources
The number of people in the family
The children’s age groups
Childcare and education expenses
Health-care and dental-care costs
Other variables, such as the parent’s other support payments or other family obligations.

Depending on how much parenting time you have, your child support payment will be reduced slightly. The reasoning behind this is that if the child lives with you, child support will be raised if there is parenting time every other week and you are responsible for their support during that time. Please keep in mind that this only refers to the number of nights the child stayed over. Unlike several other states, Michigan will still consider the wages from second employment when considering financial ability to pay.

Net income is a key consideration when calculating child support. This is computed by subtracting gross income (money earned from salaries, profits, and other sources) from a set of court-approved deductions. Child support for children from a previous relationship, as well as income taxes, are deducted from net income.

Michigan Court Attorney’s Importance in Cases of Child Support Changes

Goldman and Associates Law Firm of Metro Detroit, Michigan can assist you with this problem. Our Michigan attorneys assure legal services that will yield the best outcome possible, for they are equipped with the knowledge and skills necessary for any family law case. Do not delay the opportunity to get to know whether “child support be raised if there is parenting time every other week.” or not You can book an online appointment with us or access our website for more legal matters.

Can A Division Of Marital Assets Affect The Breadwinner Harder? Michigan Court

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Employment income earned during the marriage and before the separation date is considered marital income, regardless of who earned it. If one spouse works and makes a living, and the other is a stay-at-home parent who looks after the house and family, both spouses contribute to the marriage. For the equitable distribution of marital assets and obligations, the employment efforts are not preferred over the homemaker efforts. A spouse is not entitled to a bigger portion of marital property for he or she was the sole breadwinner during the marriage.

What did The Court do To Determine Who Gets The Most?

The truth of the matter regarding the division of marital assets affects the breadwinner harder entails distinction from income. A breadwinner is related to income generation. It can affect child support or alimony. However, the court will try to make an equal division to the assets. There could be an appeal or argument if the situation that a sole breadwinner acquired the assets. It would be unfair to the part of the breadwinner. Yet, that is not how the law sees. Instead, it looks at all the contributions to keep up the household. The court regards what is just and fair. The other partner may be providing the moral and physical support that the children and the house needs. The court does not see this as unequal.

If one or both parties have remarried, the court can consider the new partner’s income and assets. If the new shares or spouse is to offer accommodation, then this can have a huge impact on the end outcome. If the demands are covered by their new partner’s resources, then there is difficulty in claiming the assets of their marriage. It will cause problems if the new relationship is short-lived or if there is a factual disagreement about whether a party is cohabiting.

Does it Make a Difference if the Woman is the Breadwinner?

Being the breadwinner throughout the marriage may provide a foundation for the other spouse to establish claims for post-separation support or alimony. Meanwhile, the dependent spouse may be entitled to post-separation support or alimony from the supporting spouse. This will depend on the circumstances and other criteria. It’s natural to want to claim the money as “yours” after you’ve worked hard for it. A married couple is a team, from which each contributes to the family’s net worth in different ways. It does not make a difference, and division of marital assets affects the breadwinner harder depends.

How the Michigan Attorneys Help in Marital Assets Cases?

Property is classified as “marital” or “separate” in Michigan divorce laws when it comes to asset division. Separate property is generally not subject to distribution, whereas marital property is. When splitting property, the first step for the courts is to figure out which of those categories the property items belong to.

Goldman and Associates Law Firm in Metro Detroit, Michigan, is one of the legal services that may assist you with these legal issues. Family lawyers have a distinct advantage in terms of experience and competence. If you face the situation that division of marital assets affects the breadwinner harder, contact one of our experienced, skilled, and knowledgeable attorneys for a free, confidential consultation. You can schedule a meeting with us.

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Goldman and Associates Law Firm in Metro Detroit, Michigan, is one of the legal services that may assist you with these legal issues. Family lawyers have a distinct advantage in terms of experience and competence. If you face the situation that division of marital assets affects the breadwinner harder, contact one of our experienced, skilled, and knowledgeable attorneys for a free, confidential consultation. You can schedule a meeting with us.

Can a Bipolar Parent Be Granted Full Custody in Michigan?

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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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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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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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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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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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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.