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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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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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.

Metro Detroit, Michigan Law About the Effect of Child Custody on Property Distribution

Property distribution is also one of the factors considered during a divorce. The court foresees this even before marriage. This circumstance is the reason for the option to have a prenuptial agreement. If couples undergoing divorce do not have this deal, property distribution happens, along with the custody case. Another link to divorce is child custody which requires child support, not just psychological but financial. So, what is the effect of child custody on property distribution? How do the courts of Michigan divide assets during divorce?

Does the Primary Physical Custodial Parent Receive More From Marital Property Distribution?

In many cases in Metro Detroit, there is a complication of being definite about how much of shares. However, the primary physical custodial parent most likely receives an equal amount. In any case, there is a need to compensate for the increasing amount of caring that growing children require. By this, the custodial parent would have more property shares than they must receive. Yet, this should not be the inclusion of the process of property division. There is another aspect of family law called child support. This support is being assessed differently from the property distribution. There is no reason for bringing that problem up during the property division procedure. It is only lawful that the primary custodian parents hold this fund as the administrators of the physical care.

Exceptions of Marital Property Distribution in Consideration of Child Custody

Michigan courts try to preserve the family home for the child’s best interest. If the acquisition of that house is marital property, then the physical ownership of the house is in the primary custodial parent so that the child can continue to live and grow there. Usually, the other spouse receives compensation for their share of the house. In this way, the non-custodial parent will have more cash and personal possessions, while the custodial parent will have more real estate. The total proportional distribution of that property will remain the same as if the two couples had no children.

What to Do About the Effect of Child Custody on Property Distribution? – Michigan Family Lawyers Advice

If you face this kind of family issue, the first thing to do is seek legal assistance. You can discuss with them the concerns you have based on your situation. Moreover, they can give you an appropriate response in return. The benefit of not having lawyers with no specialization or focused field is the assurance of profound legal advice. You must seek family lawyers that are well-versed with family laws near you.

Goldman and Associates Law Firm is one of the family law experts in Metro Detroit, Michigan. We served many families facing different family law-related issues. You can have security that your time and the things that matter to you are valuable to them also. Do not hesitate to reach out to us! You may call us using the phone through this number, (248) 590-6600, or book an appointment with us online.

What is The Effect of Divorce on the Child Custody Case in Metro Detroit, Michigan?

Custody cases are after-effects of undergoing a divorce. The reason is that separation of parents would be detrimental to the child. The court acknowledges the psychological effect and is concerned with what will serve children’s best interest. Parents are also concerned about the welfare of their children. That is why there are disputes about who will be the primary care provider.

If I Get a Divorce in Michigan, Would I Lose Custody of My Children?

It is exceedingly improbable that you will lose possession of your children entirely. It depends on the circumstances. Metro Detroit family courts most likely prefer joint custody arrangements. Physical custody would be shared as much as feasible between the two parents in this arrangement. If this isn’t possible, custody will be given to the parent who is the primary caregiver. If you have a traditional breadwinner-caretaker family, you will probably lose physical custody, but rely on parenting time instead. A joint custody arrangement is also an option, particularly if you and your ex-spouse both work full-time. This joint custody is an opportunity to have a profession while maintaining a relationship with your kids.

Is It Okay to Hire a Babysitter for Half of the Time of Having the Kids?

It is okay to hire a babysitter considering the effect of divorce on the child custody case in Metro Detroit, Michigan. The custodial parent, who has physical custody, has the same rights as if they were still married. The exception is for critical choices that may require your consent as the other parent. During custody, parents have their discretion in hiring a babysitter. If you want to, you can do the same. The sole exception is if the babysitter’s use causes the court to have concerns about the child’s best interests. The court judgment could modify the custody arrangement. However, this case is quite unlikely to happen because it is reasonable for a parent to work.

Could a Non-custodial Parent Hire a Babysitter for One’s Parenting Time?

No way, even if it’s just for the night in your own home or any part of one’s time. Parenting time is time set aside for the non-custodial parent to maintain a parent’s relationship with the child. If the child is only being cared for by another person, they can do so with their custodial parent. Parenting time needs rescheduling when they are available if the non-custodial parent cannot be physically present at a given time. For this reason, parenting time falls when one of the parents is not working or otherwise occupied.

The Need for Metro Detroit, Michigan Lawyers’ Recommendation

The Effect of Divorce on the Child Custody Case in Metro Detroit, Michigan is complex. The court does not have a definite judgment for all cases. Instead, it hears and assesses every circumstance and party involved. If you experience this situation, you must consider going to nearby family law firms. Goldman and Associates Law Firm has skilled lawyers experts in family law and other cases in Michigan. This specialization guarantees you a personal service with focus and competence. Call us now through this number, (248) 590-6600, during office hours or book an appointment with us anytime through our website.

How Does The Child Custody Procedure Work Under A Divorce Process in Michigan?

One of the effects of undergoing a divorce process is the matter concerning child custody. Moreover, the court of Metro Detroit chiefly considers the children’s best interests over the interests of the parents. The question in mind is, how does the child custody procedure work under a divorce process in Michigan? This article will answer how the custody process goes with the divorce process.

Procedures of Custody During a Divorce, in Metro Detroit

When marriage with children divorces, the topic of divorce may come up in the first complaints and responses. Aside from that, the court will address the problem for the first time at the Early Intervention Conference (EIC), which takes place 56 days after the preliminary petition was lodged. At this moment, the parents will learn about the friend of the court and the method of deciding custody. The court settles any partial concerns involving children under the age of 18. During the 180-day (minimum) divorce procedure, there may have been subsequent hearings related to custody after the EIC. Finally, the court will either issue his divorce judgment or adopt the one that the couples have agreed to, and this arrangement will include the final custody order unless it is changed in a future proceeding.

What Will Be the Effect on Child Custody After the Divorce?

The effect varies depending on the circumstances of the divorce. If the court considers the necessity of assessing children’s welfare regularly, then additional hearings are reserved. Some of which is when the former spouses seek to change the custody or parenting time arrangement.

How Does a Custody Order Work Without a Divorce or Never Married?

One can file a custody case with the family court without receiving a divorce. Meanwhile, unmarried parents must establish paternity. Both parents can sign and file an affidavit of parentage to do this. You forgo your right to a paternity test if you sign this affidavit. Following the filing, the family court will usually grant the mother initial custody until a custody procedure begins and final custody is determined. The court may order a paternity test if no parent agrees to sign the affidavit. Depending on the outcome, either parent (or child) may file a paternity case to establish paternity and determine child support, parenting time, and other issues.

Metro Detroit, Michigan Lawyers’ Guide to Responsibly Co-parent During and After the Divorce

Minimize the exposure of your children to fights between you and your ex-spouse.

Resolve any disagreements without actively including or exploiting your children as bargaining chips.

In front of your children, do not criticize or insult your former spouse (the other parent).

Try to maintain activities and discipline regularly in your home, regardless of the conflict your family is experiencing.

Don’t try to control what your children do with their other parents.

Make an effort to communicate with the other parent in a courteous manner.

The lead advice in facing situations under family law is to seek legal advice. There are nearby law firms that can assist you with your trouble. However, it is best to have services from family law attorneys specializing in these matters. Goldman and Associates Law Firm is one of the skilled and experienced legal support that can assist you with child custody procedures under a divorce process in Michigan. Do not hesitate to contact (248) 590-6600 or book an appointment online.

How Does the Court Decide Parenting Time in Metro Detroit, Michigan?

Parents need to know what kind of arrangement in custody is efficient for them and at the same time promotes the best interest of the child. There is a distinction between taking child custody or having parenting time. Most parents in separation might find this confusing and may fight for a wrong stand in the custody case. One must know the differences of the terminologies, so that discernment of custody set-up will be on what one can sustain. Before answering how the court decides parenting time in Metro Detroit, Michigan, we must first understand definitions.

What Is the Difference Between Custody and Parenting Time?

On the one hand, physical custody refers to a parent’s legal right to have and live with the child. The parent granted this right is the primary caregiver of the child who attends to all the child’s needs. On the other hand, parenting time is a privilege granted to a parent to spend time with their child at a given time and location. This setup settled the child’s needs for another parent’s presence when the child used to have parents together before divorce. Any visitation is an act of parenting time when only one parent has physical custody. However, in a joint custody arrangement or shared custody, each parent has a certain amount of parenting time allotted to them.

Metro Detroit, Michigan Court’s Decision in Parenting Time

Parenting time cannot be denied because of failure to sustain child support. However, the Michigan court considers these factors when deciding the extent, the frequency, and the event parenting time will take place:

The child’s or children’s particular requirements and conditions (the priority of the custody issue)
Whether the child is a newborn (less than one year old) and/or breastfed (makes the mother a more suitable custodial parent).
During the visit, there is a chance of being abused or neglected (weighs against the abusive parent)
As a result of the visit, there is a higher chance of abuse or neglect.
What effect will travel have on the child’s health? (if both parents live far apart, the court might disfavor a joint custody arrangement)
Whether the visiting parent will be able to exercise parenting time under the court order (The court will not set up an arrangement if it does not think it will succeed.)
How often (if ever) has the parent failed to spend time with their children? (Preferably, there will be less of the frequently absent parent)
The risk of one parent hiding or concealing the child from the other (the court will not encourage kidnapping)
Any additional aspect of the child’s well-being that comes to mind.

Parenting time can be spent at a neutral location or the home of the visiting parent. The custodial spouse, meanwhile, is considerably more likely to drop the child off at the other spouse’s place. This frequently necessitates the child staying overnight.

Metro Detroit Lawyers’ Advice in Modifying Parenting Time Arrangement?

The court will only modify parenting time if the person seeking the modification can show that the change is in the best interests of the child through “clear and convincing” evidence. A “change in circumstances” must also be demonstrated by the parent seeking modification. Because consistency and stability are fundamental parts of a child’s best interests, the court requires a change in circumstances before modifying the custody arrangement.

Matters concerning parenting time are best discussed personally with family lawyers near you. You can reach out to Goldman and Associates Law Firm. They are certified experts of family law that can answer how the court decides parenting time in Metro Detroit, Michigan. Call us now at this number (248) 590-6600, or visit our official website and book an appointment anytime.

Can Child Custody Be Modified in Metro Detroit, Michigan?

The court decision on custody agreement is expected to be firm and followed always. However, one cannot ascertain its applicability at all times in the future. A straightforward answer to the inquiry, can child custody be modified in Metro Detroit, Michigan, is Yes. The court cannot always monitor the condition of the custody agreement, and parents may agree to a modification on their own. This move is inadvisable as it cannot guarantee legal action. So, the court is not close to altering custody for the best child’s interests.

The Importance of Change in Circumstance in the Modification of Child Custody

A “change in circumstances” must be proven by the parent seeking the amendment. Even if both parents agree to the adjustment, the petition must still be presented to a judge who will decide based on that criterion. When a kid lives with divorced parents, the change in circumstances standard is employed to reduce disturbances and provide as much stability as feasible. The reason is to keep parents from making continuous baseless claims to get a better custody arrangement, whether legitimate or petty.

Parents’ Action In Making Sure that the Modification Process Yields a Favorable Outcome?

One can figure out what to do next to make one’s legal argument more appealing. This is achievable if there is a change in circumstances. This change must call for adjustments in the best interest of the child. Documenting key aspects of one’s domestic situation is a vital step to take. If your ex-spouse is making claims about your children’s status that you know are untrue, you can use documentation proof to refute those claims. The steps presented can be used by either the party seeking modification or the other spouse seeking to block or mitigate the change. There is a big difference if one understands the rules and standards used to make modification decisions.

Best Interest or Change in Circumstances and Their Place in the Child Custody Modified

Any change in circumstances used to warrant a change in custody must be directly tied to the best interests and well-being of the kid. In addition, the court will expressly disallow the use of specific changes in circumstances, such as:

If the problem may be solved by increasing the non-custodial parent’s child support payments, the existing financial status of the custodial parent
The natural progression of a child’s demands and desires as one matures.
The desires of the child (relevant only to initial custody, not when it changes)

Attorneys’ Perspective in the Capacity for Child Custody Modification in Metro Detroit, Michigan

The judge who issued the original custody order is usually the one who modifies it. It helps if the judge from the previous case is familiar with the facts and circumstances underlying the initial custody order. The judge is in a better position to decide whether a change in circumstances warrants a revision of the custody arrangement. So, having a different judge depends on the court’s discretion.

It would be helpful to talk to specialized family lawyers. They know the answers to the question, can child custody be modified in Metro Detroit, Michigan. Goldman and Associate Law Firms operate in Michigan and have experience regarding child custody and other related family law concerns. You can easily reach them by (248) 590-6600 or apply for an appointment online. Do not hesitate to consult!

How the Metro Detroit, Michigan Court Determines the Custody of an Out-of-Wedlock Child?

One of the challenging parts of a marital relationship is having a third-party involvement. The problem is further magnified when there is a fruit of that affair. The child born has the right to claim rights and support from both parents. The best interest of the child still applies in the claim. Even if the child is considered illegitimate, one must not deprive of this support.

Significance of Establishing Custody of an Illegitimate Child

The Metro Detroit, Michigan court determines the custody of an out-of-wedlock child in different circumstances. On the one hand, if the wife has an affair, the child will be considered born within marriage. The couple will have to take care of the child resulting from adultery. On the other hand, if the husband commits the affair and a divorce is pending, the couple will have a separate obligation. The husband will have the duty of support in rearing the child, and he could have a custody agreement between him and the mother.

Is the Custody Case of an Out-of-Wedlock Child Affecting a Divorce?

The custody case involving an out-of-wedlock child does not affect the divorce charged by the wife. Moreover, this can be held against the marital offender on the ground of divorce. If the married couple has no child and the husband impregnates another, the divorce would call for a direct order case. In other words, the process will not be as hard as involving legitimate children.

Michigan Court’s Decision of the Custody of an Out-of-Wedlock Child

The court will automatically identify the mother as the one who gave birth to the kid. Following that, any man who meets one of the requirements/conditions for the acknowledgment of parenthood/paternity is granted parental rights equivalent to those of the mother. The case is different if circumstances occur that may affect the custody rights. An example of this would be if the mother made some appeal. Physical custody will continue to be determined by the child’s best interests.

What is the Appropriate Course of Action According to Metro Detroit, Michigan Lawyers?

Facing this kind of marital ordeal is more complex than the usual divorce and custody cases. One thing that the court of Michigan assures in handling custody cases, the well-being of the child comes first before the interests of the parents. There will be a different case for the possible separation or divorce between couples. In this way, parties are guaranteed justice and fairness, especially the child.

If you go to the nearest family law firm, you can ensure proper guidance according to your legal needs. Goldman and Associates Law Firm has specialized attorneys that can advise you how the Metro Detroit, Michigan Court determines the custody of an out-of-wedlock child. The relevance of having specialized lawyers is that they are well-versed in this matter and can offer you excellent services. If you happen to encounter the issues discussed above, do not hesitate to call or text us on this number, (248) 590-6600. You can also visit our website anytime and book an appointment with us efficiently.