How to Prevent Divorce Battle and High Conflict Custody? – Michigan Lawyers

High-conflict custody disputes in divorces can have a variety of factors. The bitterness will lessen if both parents attempt to focus on their children. There’s a decrease in disputes and animosity. In a divorce, children can be a bargaining chip. How do you prevent divorce battles and high-conflict custody?

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The divorce dispute grows heated. It heats up when parents use their children to further their hidden agenda. Escalation of the conflict occurs. It manifests in continuous motions and drawn-out processes. Parents need to be aware of the consequences of acrimony in divorce and custody. The fallout in using their children against the other parent. Drawn-out cases lead to uncertain conclusions and will have repercussions.

What is acrimony?

Acrimonious is when you approach something with a strong resentment or cynicism. Acrimony is about anger, bad feeling, and argument. There is bitterness in a divorce that is acrimonious. An acrimonious divorce happens when a spouse treats the other spouse so horribly. Reconciliation is completely impossible. Such a divorce is contentious and may get ugly.

Couples even when separated still have to face financial or childcare challenges. Divorcing couples may need to cross each other’s paths again. Many parties seek a smooth, amicable divorce just for this reason. Both partners must cooperate to find a constructive solution to their differences. Both partners must do so if a divorce is to be amicably finalized.

Divorces do not have to be contentious. It is possible to divorce amicably. There is a manner in which a divorce can be handled. It establishes the guidelines for resolving any subsequent disputes between two separating spouses. The difficult decision to get engaged in a divorce has already been made. There are strategies to prevent a bitter separation from occurring during your divorce.

How does acrimony affect children?

The Millennium Cohort Study gathered some insights about divorce and children. 32% of children of separated parents experience some sort of mental health problem. Children may experience a sense of loss as a result of a contentious divorce. The home and way of life of children can be lost. Children can move in with a new family and feel anxious about being left alone. Children can get caught in a contentious divorce. One parent may limit the other parent’s time spent with their children. This could result in brainwashing the child against the absent parent. It can ultimately result in parental alienation.

Children whose parents separate or divorce frequently quit school and can become pregnant. They turn to drug usage and other forms of substance misuse. Children may experience effects well into adulthood. A child witnessing their parents’ divorce may bear emotional scars for 40 years.

Children often suffer injury as a result of parental discord. Greater behavioral issues are seen in children whose parents divorced acrimoniously. This is compared to children whose parents divorced peacefully. Depression, anxiety, lower academic performance, and issues with trusting others plague their lives. It also includes higher health risks as one of the negative outcomes.

Acrimonious divorce has been connected to the weakening of a child’s immune system. This is a conclusion drawn by Carnegie Mellon University researchers. Children whose parents had an acrimonious divorce are vulnerable to diseases. They are three times more likely to contract common diseases up to 40 years later. Children whose parents got an amicable divorce were found to have less risk of having a weakened immune system. Their immunity is like children whose parents stayed together.

Colds and asthma are the most frequent diseases affecting children. These are children who have gone through a contentious divorce. Only children in contentious divorces suffered from long-term health issues. So, it is evident that divorce itself does not put children through a lot of stress; rather, it is the way it is handled. Amiable divorces do happen, and when children are involved, this is what should be pursued.

How will you survive an acrimonious divorce?

Take the path of an amicable divorce. A less contentious divorce has less stress, lower legal costs, and a faster resolution. If you can’t avoid acrimony in your divorce case, here are some insights to help you survive.

Bad behavior does not determine who you are.

Certain phases of the divorce involve your ex-spouse acting inappropriately. This enables you to be ready for when the behavior becomes problematic. You won’t get distracted from the greater picture. At least not for very long because you are prepared for this kind of behavior. Don’t let your ex-spouse’s action change who you are. Throughout your divorce proceedings, you should maintain your composure and serenity. This enables you to maintain control over the issue rather than escalate it.

Stay focused on the children. Communicate consistently with the co-parent.

If you have children, pay attention to them. Remember that you do not want to find your children in an unpleasant circumstance. Your children love you both, no matter how your ex-spouse behaves. You should continue to support your children. Respect their feelings just for this reason. For this same reason, maintain contact with your ex-spouse. Despite the anger and hostility your ex-partner displays, talk to your ex-spouse. Settling the difficulties can result in an efficient and quick divorce resolution.

Keep your support network.

Make sure you have a solid support system. Spend time with positive people who can reassure you throughout this difficult moment. This may help you maintain your composure. Divert your thoughts from the animosity and bitterness of your ex-partner.

A trial should be the final option for resolution. It should be the last resort whether the divorce was amicable or contested. Going to a divorce trial can be stressful. Your attorney will need to properly prepare your testimony. Gather more witnesses and get further evidence. Trials mean spending a lot of time and money. The more time your attorney takes to prepare and appear in court, the more money they will charge. It is not unusual for spouses to end up paying more in trial costs than in divorce settlements.

Learn about alternative dispute resolution.

There are many different litigation choices available in divorce processes. Choices include mediation, settlement conferences, and trial. Competent attorneys favor these methods. Contested divorces can be difficult to settle through mediation or settlement conferences. Even in the face of a trial, it is imperative to secure competent legal counsel. Seek counsel that is focused on settlement options.

How will you deal with a co-parent amidst acrimony in divorce?

Co-parent implies a form of collaborative or cooperative parenting. The idea that you are “co-parenting” could be a stretch in a contentious relationship. You might not be doing any parenting together daily. What matters is that you respect each other’s limits. You speak about matters of mutual concern. You refrain from including your children in the conflict. So, how do you deal with a co-parent after a face-off in an acrimonious divorce?

Here are some insights into co-parenting in an acrimonious divorce.

Describe your divorce in detail.

Work with your attorney to craft the divorce decree. Your spouse might try everything to derail it. Make the transition smoother for everyone involved. Tell your lawyer the specifics of parenting time. Specify the precise hours and conditions the children are picked up and dropped off. A good parenting time plan gets into the details. It can lessen tension if followed consistently. Infidelity or a lack of emotional support from one side can cause toxic divorces. You might not know how to reduce tensions between you and your spouse. This could make the divorce process drag on for months.

Think about your child’s welfare.

It’s reasonable to want your loved ones by your side when you’re upset and angry. Even if your ex-spouse was at fault, resist the impulse to bring up the subject with your children. The majority of specialists concur. Children perform significantly better when they have a loving relationship. A relationship with both of their parents. Put your efforts into giving your children this chance. The chance to experience love from both parents.

Choose reason over feeling.

Be careful not to let your ego get in the way of your logic in an acrimonious divorce. Your spouse might try to provoke you into another dispute about a topic related to your divorce. Your co-parent might be upset over previous events. Your co-parent can be upset with the divorce itself. Keeping your composure and maintaining your dignity can help. You can view things more clearly. Inform your co-parent you won’t speak to them anymore until you can have a calm conversation about the issue. If it’s not possible, let your lawyer represent you going forward.

Learn to overcome your excessively protective feelings.

The truth is you cannot protect your children from suffering hurt and disappointment. You can’t protect them from a parent who has failed them. Give your children helpful problem-solving techniques. Motivate them to get along well with their other parent. You can help them develop resilience. Keep your negative emotions to yourself. Try your best to work together while you create a new family dynamic after the divorce. In this way, you can support them in thriving in their own lives.

Accept your parenting styles will be different.

Accept your co-parent have a different parenting style. It can be fine as long as your co-parent is a safe person for your children to be around. You can’t be criticizing every choice your co-parent makes. Reserve your ire for contentious issues. Establish common ground while allowing for dissenting viewpoints. On one end of the scale are the laid-back, easygoing parents. On the other is the more regimented, ordered kind. On that continuum, there is a ton of room for variation. Not every parent raises their children in the same manner, but that does not make them terrible parents. Maintain perspective.

Set a positive example for relationships.

Showing your children how to handle conflict will help them succeed as adults. Care deeply, but debate politely. Respect and appreciate each other’s time. Avoid pulling your children into the conflict at all costs.

A marriage ends formally through a divorce. Sad to say, but once-in-a-lifetime relationships often end in divorce. One spouse could feel sad, stressed out, or even betrayed by the marriage. A once-loving connection has soured. A few easy strategies above can help you avoid a contentious divorce. It will save the time, money, and effort required for the legal process.

There is no assurance that you will achieve your goals in a divorce. While resolving divorce issues, judges must adhere to strict guidelines. Courts are only given a brief overview of both sides. You must choose an expert attorney if there is no hope of resolution other than a trial.

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How to Achieve a Successful Divorce Outcome With Your Lawyer? – Michigan Lawyers

Individuals are curious about how to receive the best legal counsel. They believe they must get ready for the divorce process. They must be ready for their scheduled meeting with their attorney. They need to get ready to talk about pertinent matters. Customers often allow themselves to be taken by surprise. You need to achieve a successful divorce outcome with your lawyer.

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Your personal drama may distract them. You must put in the effort to avoid drama. You must eliminate any drama from the situation. Don’t forget the facts and stay focused on the issues at hand. Get the proof you need. Work with your attorney. Do as your attorney advises. Keep in mind that the more responsive parent or spouse receives the desired results.

What is a successful outcome of a divorce?

Nothing makes disappointment more likely than having irrational expectations. It’s important you remain grounded when it comes to making plans. Understand what to realistically anticipate in a divorce. Don’t expect to have a huge income after divorce. Don’t expect to receive sizable divorce or child support payments. Expecting your spouse to give you everything you want without a fight is unrealistic. Expecting both of you to be pleased with the process. Expecting your children to accept the divorce. Embrace it without any emotional outbursts.

The more you expect something to be, the more disappointed you’ll be when it isn’t. So, be sure to have realistic expectations about your divorce. What we don’t expect is for you to have no expectations at all. If this is a perfect world, this is the least you should expect as successful outcomes in a divorce.

A speedy and cost-effective divorce.

There are a few non-negotiable stages in the divorce process. You can do such milestones slowly or quickly, but you cannot avoid them. The divorce petition cannot be submitted until you have waited at least six months. You must fulfill the residency criteria. After completing the residency criteria, you must submit a divorce complaint. You have to wait for a response from the other party. The waiting period will require that you put up with it. Neither you nor your partner may have joint custody of any children. There’s no way to get around the 60-day waiting period. It is a requisite before your divorce can be legally finalized. The waiting period starts the moment you file. This is regardless of whether you and your spouse were actually divorced at the time. Your divorce can stretch longer than 60 days if you and your spouse fail to get a nod on every issue. Three elements often determine the cost of divorce. The type of divorce, the presence of children, and the divorce procedure itself. You must weigh the costs of the legal process. You must weigh it against the outcome you want to make an informed decision. What you want to achieve will determine if something is expensive or cheap. You should discuss this outcome with your lawyer before the start of your engagement. It’s a choice that you ought to have considered.

An acceptable custody arrangement and an equitable amount of parenting time.

The custody arrangement is set as fair, equitable, and age-appropriate for the child. This is more essential than being fair to the parents. Every family is different. Some schedules can be workable and some can’t for some families or their children. The best decision for the parents might not be the best decision for their children. Children younger will probably enjoy frequent interactions with their parents. Older children can have a preference for stability weeks at a time without moving. A successful custody arrangement must be flexible. There’s less loneliness if their non-custodial parent is in regular contact with them. Give the children’s demands top priority. Take note of how they are reacting to their parents’ absences. Adjust the parenting schedule as often as you need and as much as necessary.

A fair and equitable amount of child support.

The law gives a lot of weight to providing child support. The court prefers that the other party manages the majority of child support. That child support is paid by the other partner. A few variables determine child support. The amount of child support is based on the total number of children. What are the parents generating? How many overnights will one parent spend with their children? These essentially specify how child support is calculated. A parent or the Office of Child Support may ask the court for a support order. Most frequently, the prosecuting attorney is involved in the application. Medical and child care expenses should be covered by the amount of child support. The child receiving child support must be with the custodial parent.

Fair and sufficient spousal support.

There is no formula that will determine if or how much spousal support you will get. It is not like child support. Case-by-case considerations go into determining spousal assistance. Spousal assistance might be required in some situations. It is done to make sure that both parties are taken care of after a divorce. The property award made to one party may not be enough to support a spouse. Spousal support might be required in this situation. After the divorce, one side may find themselves in a worse financial situation. The other party can make up for the shortfall in payment.

A fair and equitable share in the marital estate.

The “equitable distribution” is applied in Michigan to divide marital assets. Equitable distribution divides property according to what is just in each circumstance. If you and your partner are unable to reach an agreement about how to divide your assets, the judge will decide. In Michigan, judges are required to divide property equitably. Fairness entails giving each spouse about half of everything in the marital estate. The division of marital property in a variety of methods is applied by the judge. What is reasonable can be decided by the court at its discretion. Your assets might also be divided unevenly if one spouse requested more property. One spouse may gain greater marital assets while also accruing greater marital debt.

A judgment of divorce that incorporates all the desired outcomes.

A divorce decree, also known as a divorce judgment, is a legally binding judicial decision. It proves that a couple has obtained a formal, binding divorce. A divorce ruling will be prepared for you by your Michigan divorce lawyer. The specifics of your case are included in this draft decree. The court gets this document in its final shape following a discussion or mediation. The judge will enter a judgment. The judge awards your divorce after both parties have agreed on a settlement. A final order will be issued by the judge at the conclusion of the divorce procedure. The divorce decree is likely to include specific decisions on the following:

[ a ]   Spousal support.

[ b ]  Custody and parenting time

[ c ]  Child support

[ d ]  Property division

Marriage dissolution can be a difficult process. A typical divorce involves a lot of moving elements. A lot of decisions to be made, and a lot of adjustments to be worked out. Everybody’s circumstances are unique. Some aspects of this procedure are out of your control. Remember there are two of you involved in this process. Do what you can and smooth out the imperfections. A lot of this challenging process will be less disagreeable for you.

Where and how to start right in a divorce?

Consult a lawyer, the decision to file for divorce should have been decided in advance. Make up your mind to file for divorce if you’ve already called a divorce attorney. Avoid deciding whether to file for divorce during your consultation with your lawyer. That choice must be made by you alone, not by your lawyer. Divorce is a very personal decision that should not be made hastily. You cannot be compelled to end your marriage by your attorney.

Be sure to give everything a try. Before filing for divorce, make an effort to make things right. You could start to doubt yourself. Nonetheless, it could be challenging to file for divorce again afterward. especially if you’ve already given your spouse notice. The court can grant a divorce even if only one partner wants to end the union. Before you file for divorce, decide if you still want to attend marriage counseling. You might still be able to remedy the marital problem.

First, think about your residency. For citizens of Michigan, a residency requirement is mandated by state law. Before you can file for divorce, you must have lived in the county where you intend to do so for at least ten days. The conventional regulation is that before filing for divorce, you must have resided in Michigan for at least six months. A duration for residing in Michigan is specified by the residency requirement. The shortest period of time a person must reside in a state before filing for divorce. You must provide proof you or your spouse meets the residency criteria. Inability to establish that could result in your divorce case being refused or dismissed.

In some states, you might only need to meet the residency criteria. The domicile criteria are more difficult to satisfy. You need to convince the judge that you want to stay after the divorce. In most cases, the courts will refer to the location you regard to be your permanent home as your “domicile.” the spot you yearn to return to constantly. A preferred location, whether for vacation or a protracted professional trip.

How to prepare for your divorce?

Divorce is a very complex legal matter. The effects affect the entire family. Many couples are compelled to think about hiring legal representation. Most often, for the first time. Locate a qualified and skilled lawyer. You want someone who has the right amount of empathy. You want a lawyer who has an understanding of your circumstance. Get ready for a consultation. A good time to learn more is during the initial consultation with your lawyer.

Your initial consulting session. It’s crucial to have this initial consultation with your divorce lawyer. This is your time to evaluate the qualifications of your lawyer. You now have the option to describe what you expect from the divorce process. How often will you speak on the phone and send emails? How much will it cost? The basic strategy that will be used in your case.

If you intend to speak with a divorce attorney, the decision to file for divorce should already be made. Do not make your divorce decision during your consultation with your attorney. You cannot delegate that decision to your lawyer. The choice to file for divorce is quite personal.

Describe your desired outcomes for your divorce in detail.

Think about your case carefully. Choose your primary and secondary divorce goals. That will be very helpful to your divorce attorney. What one item, as your divorce process develops, do you cherish the most? For most people, the most important decision to make is what to do with the marital house. Some people focus on child custody. Your divorce attorney will find what you intend to accomplish interesting. Your attorney can provide you with a frank assessment of your objectives. Your chances of success in each. Your attorney can even help you with the sequence in which your goals should be achieved.

Detail the specifics of your marriage in writing.

By outlining the essential information your lawyer will need, you can save a ton of time. Describe the situation. Give your full name, address, phone number, and date of birth. You must include your social security number and email address. Include the full names, birthdates, and SSNs of your children. Include your names, occupations, and yearly salaries, as well as that of your spouse. Verify whether you or your spouse are the parents of any children from previous relationships. Note the day you got married as well as the day either you or your spouse left the marital home. Each of those challenges will follow a unique legal process. Your divorce attorney is prepared to explain each. What can you anticipate in terms of scheduling? What will be the protocol during your initial consultation? You ought to be well-versed in the potential outcomes. Your attorney will go over the formal steps for determining child custody. You might be unable to come to an agreement over who would have physical care for the youngest children.

Don’t be afraid to communicate with your attorney. Show records, such as emails or texts. Anything you believe can reflect adversely on you should be seen by your attorney. Bring a diary or a schedule of your activities. It will assist you in refreshing your memory of the timeline and important occasions. Your divorce lawyer should put you at ease. When conversing, be at ease. Both you and your lawyer will be better prepared as a result.

How to achieve a successful outcome with your lawyer?

You have made a firm decision to move forward with dissolving your marriage. You did your homework and prepared the initial information your attorney will need. The next step is to find a way to work with your attorney.

Learn more. Be as informed as your attorney about the divorce process.

Most of the things you need to understand about the divorce process in Michigan are found online. Read about the whole process of divorce. Learn about property division and how to protect your assets. Understand child custody and parenting time. You’re reading this blog. It means you’re smart enough to know where to look. Go further in this blog and read more. Better yet set an appointment.

Prepare for each court hearing like your attorney.

Being prepared is essential. We recommend a lot of preparation. Your entire divorce procedure will go more smoothly. The procedure runs easily the more specifics you plan for in advance and the more prep work you complete. And it is true for each step in the divorce procedure. Come prepared for meetings with your attorney. They won’t have to spend as much time looking for information. It is best to act as soon as possible to prepare for changes. They are coming, whether they are monetary, schedule-related, or administrative in nature. Never put off making crucial decisions or decide not to handle a simple task because you don’t feel like it. You’ll thank yourself for being as organized as your lawyer.

Keep children your top priority.

You know that your children will play a significant role in this divorce process. It will be important to determine child support, parenting time, and custody. Your children may struggle with some of the adjustments as they had no voice in this matter. Never exploit children’s sentiments. Don’t use them as a way to retaliate against your spouse. Be nice and patient with them as they process their emotions. Keep in mind that children frequently struggle with divorce. Do everything you can to consider both their emotional and physical needs. Your success will depend on how you inform your children of the changes. Be there through those changes.

During a divorce, avoid using social media.

The less information you give during the divorce process, the better. It can affect your ability to get custody and visitation later. Social media is the worst place for you to air your grievances. It is not the best place to divulge intimate information about your life. Especially during the divorce process! Avoid involving the entire social media world in your divorce. Do not discuss your ex-spouse or the steps you are taking to end years of misery. Don’t post cute pictures from your most recent date! Stop posting pictures from your “night out with the friends” in local bars. This includes posting amusing memes about getting high. These are not only inappropriate, but it also leaves a digital footprint that can be used against you.

Be smart with money. Prepare a financial plan for life after divorce.

When two people divorce, a lot of things change, including their financial situation. The best thing you can do is to start managing your money wisely. Start it as soon as possible because divorce has a lot of associated costs. On difficult days, resist the urge to contact your lawyer only to cheer yourself up. Your lawyer is not your therapist. Avoid piling up large debts to get revenge on your ex-spouse. These situations nearly always turn out poorly for the debtor. Begin financial preparations for your upcoming single life. The sooner you start adjusting to it, the better off you’ll be in the long run. It’s likely that you’ll have less money available to you in the future and will need to live on a tighter budget. Make prudent financial decisions. You want to get through this process with your credit and bank account intact. Financial decisions may make or break a divorce. Keep in mind that divorce lawyers aren’t free.

Have a reasonable expectation of the outcomes you desire.

There are no guarantees in the process. Don’t expect huge alimony or child support. There’s no assurance you will get full custody. The value of your properties may not be as high as you think. You may not get what you want in the property division. Expect a fight but don’t start it. Don’t fight just for the pleasure of picking a fight. Your cost will start piling up in a contentious divorce.

You can’t work with an attorney who does not share your vision. To work well with an attorney is to find the right one in the first place. Get to know the lawyer you’re thinking about employing. Do a little comparison shopping. Check their website. Read their legal blog. Working with a lawyer will take up a significant amount of your time. They will have access to a great deal of your personal data. Take the time to study online reviews about them. Make sure you get along well with one another. You must feel heard and respected. How successfully your divorce is handled will be greatly influenced by whom you hire.

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Child Custody Hearing – Michigan Law

There is a legal concept called evidence. It implies bringing something to be seen. There are so many folks that show up in court empty-handed. They demand justice but lack supporting evidence for their claims. A blindfolded woman holding a scale is used to symbolize justice. You must allow justice to see the evidence so that it can be weighed. It’s what to expect in a child custody hearing.

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You must provide evidence in a hearing to establish child custody. Presenting evidence is a requirement. Show that you support the 12 statutory factors that are in your child’s best interests. To offer evidence for each of those factors, you will need to be aware of the rules of evidence. That can only be done by a family law specialist attorney. The public is served by the court. That helps you, but the tools are still necessary. Evidence is required. You can use and exhibit such pieces of evidence in court with the aid of your attorney. When evidence is correctly presented, it can aid the court in reaching a just verdict.

What you should expect in a child custody hearing?

The judge will decide on custody and parenting time based on the child’s best interests. The parents may be unable to agree. The court must consider the 12 statutory factors. Each parent has a chance to speak about the factors related to the best interests of the child. Each can have their time during the hearing on custody and parenting time. In determining the child’s best interests, the court is not obligated by law to consider all factors equally. It is in the discretionary powers of the judge to decide how much weight to assign each factor.

A judge considers the child’s best interests and the established custodial environment (ECE). While determining parenting time, the child’s best interests must be taken into consideration. The law says custody arrangements for children should not be altered whenever possible. The judge asks the parents about the child’s established custodial environment or ECE. The judge validates the ECE before making any decisions. A judge gets details of the child’s ECE before making a change to the current situation.

Effective preparation in any Michigan child custody dispute is critical. It requires an understanding of how the ECE and the burden of proof interact. It is the parent’s responsibility to show a stable home environment exists. You need it to establish or modify the type of custody that is given to each parent. You can be sure that the other party is monitoring ECE if you are unable to provide it. In a custody issue, it might be used against you.

Judges consider the conditions of the child’s life when determining the ECE. Are one or both parents meeting the needs of the child? Needs refer to love and affection, food, shelter, and other necessities. Is the child old enough to have spent a lot of time in the present setting right now? The party requesting the change must show overwhelming and persuasive evidence. The judge must find that an ECE exists. The judge can determine there is no ECE. The side showing an ECE that serves the child’s best interests will prevail. That side must show it by a preponderance of the evidence. Child custody hearings provide a forum for presenting this evidence.

Hearings are court appearances with a judicial officer. They are set to enable the court to learn, decide on matters, and issue appropriate orders. These may be short and uncomplicated, such as 15 minutes to ratify a settlement deal. When the parents cannot agree, they may take hours or days to make a final custody decision.

In some counties, a judge will preside over all your hearings. His or her rulings become court orders right away. Judges from other counties name domestic relations referees in some cases. A parent can file an objection. It triggers a rehearing with the judge. Referees offer recommendations that judges automatically approve.

What are the types of hearings in a custody case?

Either party or the Friend of the Court can submit a motion asking for orders. These orders define action on custody, parenting time, and child support. This is done after the complaint and answer have been filed. At a hearing, the court gets the data it needs to determine what orders should be issued. Both parties must be informed of the time and location of any hearings before a referee or judge. This gives a parent the chance to explain to the judge or referee why a certain order is necessary. The details of your case and the court rules determine the hearings you’re having.

Motion hearings.

Motion hearings (including ex parte objection hearings)

By submitting a motion, parents formally ask the judge for something. Usually, a hearing is set by the court before a decision is made about the petition. Motions can be for a custody investigation and a lawyer-guardian ad litem. It can also be for a modification to existing orders, and more may be submitted by parents.

The parent submitting the motion or their attorney presents evidence supporting their claims. It’s done during the hearing that will follow. The opposing parent or their attorney can also offer justifications and supporting details. Ex parte motions follow a distinct procedure. The court can issue ex parte orders, also known as emergency orders, without consulting the other spouse. This frequently occurs in situations involving spousal abuse or child abuse. An ex parte request is originally decided by the court without a hearing. The other parent has 14 days following notice to submit an objection. The parent can ask for a hearing if the request is approved. In contrast, the parent who filed the ex parte motion has 21 days to object. They can request a hearing if the judge rejects it.

In the ensuing hearing, both parents are allowed to take part. They are allowed to offer testimony and call witnesses. Then, the presiding judge issues the appropriate order.

Settlement hearings.

A judge must sign off on settlement agreements during a brief settlement hearing. This hearing is also known as a consent hearing. The plaintiff, or the parent who brought the lawsuit, must be present. The defendant (the other parent) is usually not required to attend, but they can. The average length of these meetings is 10 to 15 minutes. The parenting plan is also reviewed by the judge to make sure it complies with state law. The plan must abide by the children’s best interests. Parents (not their attorneys) might be required to give a short statement of the case’s facts. Parents respond to questions or queries.

Objection hearings.

The court can receive recommendations for temporary custody. It also goes for parenting time and child support. Recommendations come from your Friend of the Court (FOC). It is prepared by the FOC case manager or custody investigator. Unless a parent first files an objection, the court will issue orders based on the recommendation. In some counties, parents have 14 or 21 days to protest. When a parent objects, a hearing is called. Both parents or their attorneys can submit evidence to support their preferred arrangement. The presiding judge then gives temporary orders. Hearings on objections can last between 30 and 60 minutes. They can go longer in more complicated instances. The majority of FOC recommendations call for temporary orders. Following a custody investigation, the FOC sometimes recommends final orders. A final custody hearing is held by the court if a parent objects to the FOC recommendations.

Final custody hearings.

Parents may be unable to agree to the custody process. A parent can challenge the FOC recommendation for final orders. When this happens a final custody hearing is held. Parents or their attorneys cross-examine witnesses. This is done in front of the judge during these proceedings. The parties present all their evidence. The judge can speak with the children privately and outside of the courtroom. Depending on the circumstances, a final hearing may go on for a few hours or several days. The court evaluates the facts and any FOC recommendations. This is done after hearing all the arguments. They might make their announcements right away or after a few days. The decisions are then reflected in final orders issued by the court.

Civil contempt hearings.

A civil contempt hearing is also known as a show cause hearing. It is held by the court when a parent violates a custody order seriously or repeatedly. A parent must file a complaint with the FOC. The parent must provide proof for the procedure to begin. It’s done this way except for violations of child support orders. The FOC enforces child support orders automatically. Both parents testify during the hearing and offer evidence. The judge or domestic relations referee can impose new orders. This also could mean a fine of up to $100. It could also mean suspension of the violating parent’s driver’s license or passport. It can even mean a jail sentence.

What can be used as evidence in a custody case?

The child custody process can be difficult. This shouldn’t be an excuse for acting in a way that completely or seriously undermines your case. Your family law attorney may not always be working to help you win at all costs. They instead defend your child’s interests. They persuade the judge that your case is in the child’s best interests. Establishing a workable child custody arrangement only helps to increase the emotional tensions. Tensions seep into and aggravate already difficult legal challenges during the process.

What are the possible sources of evidence your co-parent can use against you in a custody case? Here are some possible sources of evidence your co-parent can use against you.

Dishonesty.

Never take lying or cheating on your ex-spouse and co-parent lightly. Your dishonesty may unduly weaken your case. It can compel the court to complicate your child custody case. These are often grounds for dismissal. Clients who hide information from their attorneys can make matters worse. They increase the possibility that the lawyer may be caught off guard in court. Provide your lawyer with the whole picture. It can help them understand the nuances of your case.

Disregard for court directives and requests.

If you disobey a court order, you run the risk of getting in trouble with the law. Even worse, it can prevent the court from hearing your case fairly in the future. Being court-friendly is always good. Following the rules of the court is one way to do this. The court will determine your parenting time and custody arrangements. The judge is the person issuing parenting and custody orders. The judge may feel you cannot behave in the child’s best interests. By disregarding court orders and requests you create conflict with that person.

Digital and social media footprint.

Sharing pictures, videos, or other materials of bad behavior on social media. This can give the impression that you are unfit to be a parent to the judge. If people see pictures or videos of you imbibing or using drugs, it won’t do you any good. Don’t share angry rants on Facebook or Instagram or send an angry text to the other parent. You might find yourself in a very lopsided legal quandary in a Michigan family court. Venomous, hostile, or violent messages could be used as proof in your child custody case. It can cause you irreparable harm. Do not comment on anything your spouse or ex-partner posts online. Don’t engage your co-parent in a virtual tit-for-tat.

Disparaging a parent in front of others.

It’s important to always be courteous to the other parent. This is even though you believe they haven’t earned it. Protect your child. Act honorably. It will give the court the chance to see why you are the best person to serve the child’s interests. You shouldn’t be disparaging your partner in front of others or criticize them. This caution should also work with your family and acquaintances. The primary problem is that anything you say can be used against you in a custody dispute. It can give the court the impression that you are unreliable. The person you confide in may be asked to testify in court. They might be called for a deposition even if they don’t knowingly repeat what you said. They become powerless over the circumstance once they swear to tell the truth. Thus, they might be forced to betray your confidence.

Refusal to make accommodations for what is in the child’s best interests.

You can come to a favorable parenting agreement without the help of the court. You and the other parent can agree to collaborative talks. If you refuse to make accommodations, you may be unable to achieve this goal. The court may consider your actions as evidence against you. Barring any child abuse concerns, Michigan courts prefer joint custody arrangements. It is assumed that a child will flourish when both parents are involved and show them love and support. You can choose to be disrespectful or unwilling to cooperate. Your co-parent might wind up with more parenting time.

Introducing your child to a stranger you are romantically involved with.

You should resist the urge to start a romantic relationship now. This can cause distress in children. It is unhealthy to see their parents having a relationship with another person. Your child custody arrangement is still being determined in court. Do not let someone you’ve been seeing be around your child. By doing this, you can avoid confusing your child. You avoid unneeded drama and disagreements with your co-parent. Any of these repercussions could lead to legal issues. Try to maintain peace in your current arrangements.

Understanding is necessary for efficient preparation in each custody case in Michigan. The established custodial environment is something you should be aware of. Recognize the interactions between the established custodial environment and the burden of proof. The parent must prove that a secure home environment exists. The type of custody that is granted to each parent can be established or modified with this evidence.

How to prepare evidence for a custody hearing?

Your case and your children can be affected by decisions made at hearings. It’s essential to plan effectively. Your lawyer will aid you in getting ready if you have one. They can best represent you if you give them whatever they ask for and are always honest with them. Prepare as thoroughly as an attorney would if you’re representing yourself. Learn about the elements the court takes into account while making custody decisions. Review the rules of evidence and the court system in Michigan.

Present proof of your capacity to uphold the children’s best interests at hearings. You might need to back up the assertions you made in your initial filing. Refute those made by the opposing parent. Contest the results of a custody investigation. Prepare academic, medical, financial, and legal records. Gather common forms of proof. Collage proof including pictures, emails, texts, and social media posts. Check character reference letters and family calendars.

Another popular form of evidence is witness testimony. Lay witnesses who lack expertise may testify based on their observations. These witnesses could be the parents themselves. They could be family members. These professionals can be people that have worked with you or your family. Professionals can be therapists and child care providers.

Parents can also retain expert witnesses. Experts can be forensic psychologists or child development specialists. They can provide their professional opinions during final custody proceedings. Consider professional fees and their availability. It will also depend on the rules of the court. Witnesses may provide an oral or written sworn testimony.

Judges are asked to decide who will make decisions for the child and when the child will be with each parent. Judges are obligated to decide on visiting arrangements. Judges will have to when parents involved in custody battles cannot agree. The Friend of the Court Office, the parents’ legal counsel, and/or the mediation procedure can all be used to help. The court seeks help to help parents decide on a custody plan. They can decide to work together to resolve their custody disagreement. Parents can freely get or change custody through the court system. They can do this by submitting the required paperwork. They can do it also by participating in different hearings the court sets.

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How to Survive Divorce During Postpartum Depression – Michigan Lawyers

How are interstate custody orders enforced? In Michigan, you were granted custody. Shared custody is ordered. The mother relocates to a different state. Parenting time privileges for Mom will remain the same as if she were still a Michigan resident.

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Mom is experiencing depression. The pregnancy is ended. The baby turns out fine and in good health. Postpartum depression is affecting the mother. Apathy toward the child is shown by the mother. How to survive divorce during postpartum depression? Dealing with Mom is not simple. If you’re a mother with postpartum depression, you must take it more slowly.

Postpartum depression: What do we know about it?

It appears after childbirth. Obsessive-compulsive disorder (OCD), psychosis, and anxiety are mood disorders. They have been included under the umbrella label “postpartum depression” or PPD. They have been popularly lumped by medical professionals and resources. Depression and anxiety following childbirth are closely associated. 15% of women are thought to experience postpartum anxiety. That number varies a bit in scientific research. This shows that it’s just as widespread as PPD. PPD has been found to affect between 10 and 20 percent of new mothers.

The “baby blues” are a period of sadness, irritability, and anger. It is mixed with irritation, hopelessness, and/or resentment. It is experienced by many new mothers in the first few weeks after giving birth. The American College of Obstetricians and Gynecologists or ACOG has a perspective on PPD. You can feel like crying without a cause. A mother could be uncertain about raising the child. She can have difficulties falling or staying asleep. After the birth of the baby, these emotions may come and go in waves. They should eventually pass on their own within a week or two.

PPD necessitates more formal treatment like therapeutic or medical interventions. It can linger for up to a year after giving birth to your child. The Diagnostic and Statistical Manual of Mental Disorders has this to say. DSM-D distinguished PPD as its distinct disorder. DSM-D is akin to the medical Bible of mental health disorders. It includes the phrase “with postpartum onset.” Up until recently, PPD was essentially grouped under MDD.

Women with PPD usually describe feeling intensely overwhelmed by parenting. They may even wonder if they should have become mothers at all. The feeling of not being yourself or of being in charge despite not knowing why is another common theme. Patients claim to be emotionally numb. They claim to not feel anything. They are merely going through the motions with no interest in their children or life in general. Some mothers thought of killing themselves. Some said they have compulsions to harm their children. Postpartum depression is complex. PPD manifests itself in various ways depending on the individual. PPD can also impact new dads.

How will postpartum depression impact your divorce case?

PPD symptoms are like those of many other mental health illnesses. Mental health issues can drive tension and conflict in any marriage. If they are not addressed, a divorce may result. The societal stigma associated with PPD is starting to fade. This is thanks to the national dialogue on mental health. You may have read about horrifying tales of women who muster the strength to ask for help. They sought help only to have the police or child protective services come to their door.

An ex-spouse determined to separate you from your children can use the symptoms of PPD. It can be used as an indicator of mental problems leading to possible harm to your children. A co-parent can use this as the basis for modification of custody.

Millions of women experience postpartum depression. It is a real mental health disorder that can be successfully treated. Antidepressant medication or PPD treatment won’t harm your custody case. In reality, the opposite is true. Symptoms can worsen and adversely affect the ability to parent. Mothers should seek help. Parents seeking treatment for depression are seen favorably by the courts. A parent is unlikely to lose custody or visitation rights if they are receiving PPD treatment.

If a parent’s actions are shown to be harmful to the child or dangerous, the courts may declare them “unfit.” This can include, among other things, acts of cruelty, neglect, abuse, and drug use. It can refer to incarceration, serious mental disease, domestic violence, and poor judgment. Untreated PPD symptoms can add to an environment that is abusive and neglectful. Or, otherwise dangerous. When PPD drives these conditions the courts take a PPD diagnosis into account. It considers them when making a decision.

The court can restrict parenting time. The court can order visitation to be under the supervision of a professional. This is a professional designated by the court if a parent refuses to seek treatment for PPD. The court orders this if symptoms are affecting their capacity to parent.

Postpartum depression is also a condition that affects fathers. The first six months after the birth of the child also affects the father. 25% of American males can exhibit symptoms of postpartum depression. This is the conclusion drawn from a study by Eastern Virginia Medical School. The study was looking into similar postpartum depression in mothers. Paternal postpartum depression can have detrimental impacts on children and relationships if untreated. The court may take PPD into account when determining custody and access rights.

A parent with PPD can refuse to get help. Untreated symptoms can worsen. It can turn into a dangerous mood disorder like postpartum psychosis. The court will step in to ensure the children’s safety and well-being.

How do you live through postpartum depression during the divorce?

Seek out professional help. You feel odd and your emotions of anxiety or sadness are keeping you from functioning. It’s affecting you day to day for longer than two weeks. If you’re not ready for professional help, start by telling someone. Start with someone you can trust how you’re feeling. This might be a friend, relative, doula, or medical expert. You don’t need to be able to diagnose yourself, but you should be able to distinguish between a cold and the flu. In other words, you are in the best position to judge what is or is not normal for you.

Find a medical professional. A specialist in the determination and treatment of anxiety and perinatal mood disorders. Got to a pediatrician or obstetrician. Talk to your obstetrician about your condition. Mention if you experienced anxiety, depression, or both during pregnancy. Declare this if you have ever had a diagnosis of both, one, or both of these problems before becoming a parent. A woman is 50% more likely to experience PPD. She can have postpartum anxiety in a second pregnancy if she had it in her first pregnancy. You may not have either with your first child or children. You could still get it with later pregnancies.

If you are in a middle of a divorce, your attorney should already be talking to your medical specialist. Your attorney should already have a grasp of your condition as explained by your doctor. Medical notes and documents are helpful. It can support your defense or response against claims about your mental health.

There is treatment available for both postpartum depression and anxiety. Seek out these treatments because you deserve them. To cope with PPD and/or anxiety, some women may find help in one-on-one therapy. Some can benefit from support groups, and/or medication. A reproductive psychiatrist might be useful to a patient.

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Managing a Difficult Co-Parent – Michigan Law

Parental relationships after divorce might not be the best. Always a fight just for the sake of fighting. When it comes to family issues, these normally logical people start acting irrationally. For co-parenting, it becomes a challenge. Understand the legal strategies for managing difficult co-parents.

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It is best to leave handling these legal tactics to deal with your co-parent to your attorney. For handling challenging co-parents, use legal techniques. Let your attorney submit an affidavit that documents the co-parent’s lack of cooperation. It can be an exhibit to a petition to get a court order authorizing specific actions. Engage legal counsel. Allow your attorney to speak up on your behalf.

What is a difficult parent?

A difficult co-parent is not easy to distinguish from a difficult spouse. Most often we are looking at the same person. The proceedings in a custody dispute will almost always involve conflict. There will be hard-to-get-rid-of emotions like anger and bitterness. Your spouse can be obstinate and can refuse to follow your best efforts to move forward. It can be challenging to decide what to do next.

A difficult parent comes in many forms. They can be a narcissist, a compulsive liar, a vindictive or spiteful spouse. A difficult co-parent can come in the form of a malicious parent.

A narcissist.

An extremely self-centered person is a narcissist. Narcissistic people are charming and highly functional. They battle feelings of arrogance and superiority. They start to want the limelight as a result. They take advantage of everyone, including family members, to fulfill their needs. They seek undue praise. Narcissists are not empathic. That is among the most significant issues those in relationships with them encounter. Narcissists struggle to understand how someone else could feel. When people act selfishly, they are not conscious of doing so. They oppose or refuse to take ownership of their mistakes. They can’t take responsibility for their shortcomings. They blame others because of their haughtiness.

Compulsive liar.

Child custody proceedings can be stressful, even in the best of circumstances. The divorce process quickly becomes uncomfortable, extremely emotional, and possibly destructive. One spouse can be a compulsive liar who will say anything to get what they want or win custody. One spouse rarely bombards the other with what appear to be serious accusations. Such allegations can be physical violence, and heavy drug, and alcohol use. It can be child neglect and desertion. Usually, the parent who is accused responds by calling the accusations baseless.

The spiteful parent.

Sensitive subjects like child custody, occasionally bring out the worst in people. In high-conflict situations, people could adopt a win-or-lose mentality. Some lose their cool when they don’t get their way. A spouse or parent who is spiteful or vengeful is the result of suffering and hopelessness. It is the incapacity to accept the changing circumstances and stop their advancement. Vengeful people are unable to perceive the big picture. They are only focused on the present circumstance and how they feel about it. As a result, negotiating with them is extremely difficult, if not impossible.

The malicious parent.

The most typical name for it is the malicious mother syndrome. This description might not be accurate in Michigan. Actions can be committed by both mothers and fathers. A co-parent with “Malicious parent syndrome” can be harsh. They use violent methods to get to the other parent. Unknowingly, one parent begins by criticizing the other. This is detrimental to their children. A malicious parent can injure or deny their children. All that to damage the reputation of the other parent.

Long after the legal concerns have been resolved, unresolved difficulties may still linger. It can be bitterness, resentment, betrayal, hurt, and disappointment that may still exist. The ongoing, unresolved conflict then moves to co-parenting. Only one parent can distinguish between residual spousal power struggles. One parent can discern problems genuinely in the best interests of the child. This awareness can lead to significant changes in the co-parenting dynamic. Never lose sight of your own role in the interaction. It can be simple to concentrate on the shortcomings of the other parent. Each ex-spouse is aware of their own weak points. Avoid pointing them out in your interaction. Nobody is perfect at co-parenting.

How do you handle a difficult co-parent?��

Most parents view parenting as nothing more than a never-ending series of compromises. Couples don’t always agree on every area of parenting. They are always compelled to make some kind of compromise. This discrepancy in views on how children should be raised is a big source of irritation for some. Some only find it to be a minor, infrequent source of annoyance. But parental compromise can feel like a battleground for divorced families. Families who already have a lot of emotional baggage. Families with unresolved anger and anguish. You can learn from some perspective here about handling a difficult co-parent.

Don’t think about yourself; keep the children in mind.

When you and your ex have a lot of emotional baggage, it can be easy to become mired in your own turmoil and past. At the end of the day, co-parenting is about what’s best for the children, not what’s best for you. You must consider your own requirements constraints, and capacities. Your children should come first. Try to put the co-parenting relationship ahead of your personal connection. Ahead of issues with your ex-spouse in all your interactions. You won’t worry as much about your own emotions of loss and gain. It will make compromise simpler.

You both have a right to a viewpoint.

You may not be fond of your partner. You might believe they are the most repulsive individual you have ever encountered. You’re stuck with them. Unless they’re truly abusive to your children. Unless the court thinks they might be in danger because of their parenting style, you are stuck. Being angry about it is thus a waste of time and energy. Accept that both you and your partner have the authority to decide how to raise your children. The sooner you embrace this reality about co-parenting the better off you’ll be.

Be flexible. Allow some space.

You are not required to adhere to the co-parenting plan that a judge may have established. Sometimes one spouse will get the chance to take the children somewhere special. Something special like a concert, a sporting event, or a visit to a relative. Be flexible if this occurs! Consider your child when making a choice. Will they have a good time and enjoy themselves when they spend time with their other parent? Allow for flexibility and the right to alter the timetable.��

Allow breathing space for the children.

Keep your distance and don’t check in too frequently. Your child is spending parenting time with your co-parent. You should contact your child if you have valid concerns about his or her well-being. This should go beyond whether they are fed their preferred foods or are bored. Constant checking in interferes with their ability to enjoy their time. They should be enjoying time with their father or mother. It is something you want to make sure of. Setting and establishing limits early on will help to maintain them for years to come.

Be normal.

Don’t feel like you need to always be having fun. You don’t have to only engage in enjoyable things and constantly be on the move. The amount of time you have together is now restricted. Watch a movie, have dinner, and spend time together at home. Remember that at the end of the day, you are a parent. Allowing your child to engage in only enjoyable activities may lead to misbehaving toward their other parent.

Stop controlling everything.

No control over the hours your ex-spouse lets the children sleep. No control over what they eat, or the kinds of activities they partake in. You have the power over events in your own home. Only what takes place in your home is under your control. You have to maintain your emotional well-being. Focus on what you can control. Your own parenting. You will never be able to dictate how your ex raises your children while they are with him or her.

Every parent can find it a little hard to figure out all the specifics of child custody. You may put some effort into and make some compromises. You can build a co-parenting strategy that works well. These techniques can make it easier for you to co-parent. You can be creating a joyful and caring situation for your child.

What legal strategies can you use to manage difficult co-parents?

Parents in Michigan frequently disagree with their ex-spouse. This is despite wanting the best for their children. Only when both parents are prepared to commit can good co-parenting take place. You might need the help of a mediator or family law attorney. You may need to settle joint custody and parenting time disagreements. This is necessary when communication and cooperation break down. This does not imply you will return to court.��

The guidance of an attorney or the facilitation of a mediator can help parents come to an agreement. In high-conflict situations, take a co-parenting therapist into consideration. Co-parenting can completely fail. A family law attorney can also assist you in submitting a request to the court. Settle a joint custody disagreement. Alter existing custody and parenting time order. There can be a cause or a change in circumstances that justifies doing a modification.

Remember that there are different levels of effective parenting. Keep this in mind when negotiating with your co-parent. On one extreme of the spectrum are the laid-back, easygoing parents. On the other are the more structured, organized types. On that continuum, there is a ton of space for variation. A very laid-back approach can degenerate into neglect. A very structured approach can become abusive. Not every parent raises their children in the same manner.�� It does not make them bad parents.

Co-parenting connection with your ex-spouse or partner does not end after your divorce. It does not end after the child custody case is resolved. Especially if you had a highly contentious legal battle, co-parenting can be challenging. These suggestions for shared custody and co-parenting can assist you. It can help in resolving problems as they arise. It helps avoid a post-judgment custody modification motion in court.

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Protecting Your Rights as a Custodial Parent – Michigan Law

How can custodial parents safeguard their rights? When deciding who gets custody of the children, there are some preliminary rights. Custodial rights need to be protected after the initial rights are established. You need to take the initiative in protecting your rights as a custodial parent.

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The custodial parent has the right to assume that the child will be returned on the day that they are supposed to. The court’s order outlines your legal entitlement to a certain degree of communication. You would want to get along as co-parents. Be understanding of some parenting-time deviations. This could be a precarious situation. You can be breaking the established court schedule while turning a blind eye. You risk looking helpless and being taken advantage of. Ensure that you record the deviations to preserve your rights. You don’t want to set precedents that can be a basis for modifications in the future.

What is a custodial parent?

In Michigan, custodial parents spend the most time with children. Children spend the bulk of their overnights each year with a custodial parent. This definition is comparable to the one employed by the Internal Revenue Service. It’s a definition used to determine a person’s tax-filing status as a dependent.

You have two kinds of custody. Physical custody and legal custody. The term “physical custody” is no longer commonly used in divorce discussions. Under Michigan law, the terms “physical custody” and “custodial parent” are used interchangeably.

In Michigan, parenting decisions should be made in the child’s “best interest.” The court advises couples to agree on custody. When this is not workable, a judge must make the decision. The court decides based on a list intended to help determine what is in the best interest of the child. The twelve statutory factors are taken into account. Factors are assessed and decided upon by the Court.

Legal and physical custody are distinguished in Michigan by the law. They do not always mandate that they coexist. The parent who has been granted legal custody has certain rights to decide. They can decide on the child’s upbringing, schooling, and medical care. Physical custody refers to having the child live with you and be present physically.

The non-custodial parent typically receives parenting time. The Friend of the Court gives parenting time regulations for each county. The parties can agree on a specified or general scope for the court’s order. Various factors influence parenting time. It is affected by the parent’s work schedules and the children’s ages. It is also influenced by how far apart they live and the children’s school schedules. Extracurricular activities, holidays, and summer vacations can also impact parenting time.

What are your rights as custodial parents?

Courts are occasionally compelled to grant sole custody to one parent. A parent who is found unfit to provide for his or her son or daughter may be the cause of this. The custodial parent is granted complete discretion over decisions that affect their child.

A parent granted sole physical custody of a kid to also have legal custody of the child. As a result, the other parent loses control over the choices made for the child. These are choices on things like health care, education, living arrangements, etc.

Courts can find that one parent is better able to handle everything about the child. The other parent is either likely or capable of making decisions to the child’s detriment. Judges recognize the benefit to the child of having both parents involved in their life. Courts can grant non-custodial parents “Parenting Time.” The specifics of that arrangement would be communicated to both parents by the court. It’s ideal for both parents to collaborate when they can. There are occasions when that’s not possible. Non-custodial parents have limited rights. You can’t interfere with a custodial parent’s decision-making.

Schedules for parenting time can differ. Parents who can cooperate get a less onerous schedule. If the parents are unable to cooperate, the judge may place constraints. The court can give very precise schedules on the parenting-time schedule. A child can be late for visits with his father. The judge might order the custodial parent to make the child ready at a certain time.

A “Friend of the Court” or the FOC is an individual who represents a family court judge. A parent calls the Friend of the Court for help. A parent can do this if the co-parent refuses to follow a court-ordered parenting time or custody. For instance, a father who feels that the mother of his child is denying him parenting time. The father can approach the Friend of the Court in enforcing the parenting time order.

The FOC will initially attempt to resolve the issue through conversations or mediation. These are FOC sessions with both parents. If that doesn’t work, the FOC may ask the judge to change the order or mandate that the parents attend mediation. A parent can disobey a custody or parenting time ruling repeatedly. They cited in contempt of court. The uncooperative parent faces a license suspension. The parent faces a potential 45-day jail sentence if found guilty of contempt of court for the first time. A $100 maximum fine could be imposed on an erring parent.

How do you protect your rights as custodial parents?

You may choose to avoid disagreements. Choose an amicable approach to dealing with a co-parent running interference with custody. Your co-parent is asking for favors ruining your parenting time schedule. It is good you take an effort to be amicable and avoid conflict. This willingness to give in can be misconstrued as a weakness on your part. It opens you to opportunities to be taken advantage of. Don’t create this precedents to changes in custody arrangement or parenting time schedule.

These little moments of deviation can create a pattern. It creates a pattern you are accepting the new arrangements. It can open up a basis for modifications based on these “mutually” accepted changes. How do you protect yourself from these “isolated” instances of deviation? Your co-parent can file a modification of child custody and parenting time. The court asks you as a co-parent if you are okay with the change. If you agree to the modification, you are not required to submit anything to the court. If you disagree, your co-parent fights you. The deviations you allowed might be shown as implied consent. Reasonable parenting time is provided by your current arrangement. If your court order includes a parenting time schedule. The judge can accept any adjustments if you as co-parent are on board. A schedule-based order is valid until the court issues a fresh one.

Protect your parenting time.

Waiting until something goes awry can be too late. Putting together a strategy is the best line of action. In case the other parent begins interfering with it, protect your parenting time. Any interference with family time, no matter how minor, must be addressed. You must fix it before it turns into the new normal. It can be the basis for a petition for modification. There are approaches to fixing this. You must take action before this possible problem turns into a persistent one.

Keep a record of deviations in custody and parenting time.

Maintain a journal and record every detail. Record even minor deviations in custody and parenting time. Your records may reveal a pattern of behavior for the court to consider. Attempt to address the issue by voicing your concerns. The court will be determining which parent is more mature and responsible. You want the court to be made aware of your communications. Show that you are an adult and a good parent.

Stick to your custody arrangement and parenting plan.

A parenting plan is necessary to preserve some stability in your child’s life. Make sure that its meaning is very clear. With your lawyer, go over the correct language to use and the best format for the contract. Unexpected events will be less likely if you are aware of everything in the parenting plan. A parenting plan that meets your needs can be created in collaboration with a lawyer. You might urge your lawyer to include clauses to deal with changes and makeup time. If a dispute emerges, you can avoid going back to court. A lot of parents are increasingly using dispute-resolution procedures.

Keep records of communication with the co-parent about deviations in arrangements.

You might have to refuse these deviations. Whenever you can, email your ex-spouse to explain the situation. If you end up in court, you will have actual proof. Getting counseling is a choice. Try to find a solution before asking for a judge’s help. Write your ex-spouse an email anytime you can to clarify the situation. If you wind up in court, you will have verifiable evidence. Counseling is still another choice. Try to find a solution before asking for legal help.

A parent gets custody and visitation privileges. The court determines these privileges regardless of gender. Gender is not taken into account by state legislation. It is not a factor when determining a parent’s visitation rights and custody of a child. The best interests of the child are considered by the judge when deciding who gets custody and visitation rights. Each parent must abide by the court’s instructions. Each must respect the other parent’s rights. They must do so after the court grants parenting time and custody.

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How Does a Military Divorce Work? – Michigan Law

The divorce lifecycle for armed forces members is the same as for civilians. The process for a military divorce is the same. A complaint must be filed, summonses must be served, and the other parties must respond. There are variations. So how does a military divorce work?

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Residency is handled differently in military divorces. Even on foreign land, a military spouse can lodge a divorce complaint in a county designated as a residence. Every military member must declare their residence. A divorce can be filed in a Michigan county that has been designated as the party’s place of residence. This holds true even if the military spouse had previously resided abroad. Pensions and other benefits are discussed in the property division in military divorce. Housing benefits are taken into account when calculating child support. These issues are not frequently addressed in a legal divorce.

Military and Civilian Divorce. What���s different?

Military service members must prove residency. They need to do this to establish jurisdiction for their marriage. According to Michigan law, this is their “intent to remain.” There is no loss of residency rights for military personnel deployed on foreign soil.�� Michigan county can keep subject matter authority over a military divorce. Courts can preserve jurisdiction only within Michigan. The Department of Defense expects armed forces personnel to disclose their residence. The intention to keep one’s Michigan citizenship is sufficient. It is enough to give Michigan courts subject matter jurisdiction.

Here are some characteristics of a military divorce that set it apart from a civilian one:

Requirements for residency.

One of the spouses must either live in Michigan or be located there. One of the spouses might have to leave Michigan for duty. To maintain your Michigan residency, you must prove your intent to stay. You can do this by having a Michigan driver’s license or casting a ballot in Michigan. Prove that you pay taxes in Michigan or that you own property in the state.

Filing the divorce complaint.

A divorce case in Michigan begins when one spouse submits a divorce complaint to the court. A request and a copy of the divorce complaint are delivered to the opposing spouse. The serving of court paperwork may be difficult if one of the partners is serving in the military. The spouse of a service member also has two options. The spouse who is serving in the military could:

[ 1 ]�� Instead of having a summons and complaint served, you can sign a waiver recognizing the divorce, or

[ 2 ]�� Delay the divorce process for up to 60 days when the spouse is actively serving in the military.

Visitation or parenting time.

Parenting together could be challenging. A military spouse often leaves the state of Michigan or is actively deployed abroad. The partners should work out a plan to adhere to parenting time and demand their parental rights.

Spousal and child support.

Housing allowances are part of estimating child and spousal support in the military. Military benefits include pay raises, changes in the cost of living, and bonus pay.

Retirement benefits.��

Most people are eligible for military retirement pay after serving in the military for around 20 years. If the couple was married for at least 10 of the 20 years, the national government might divide the retired military personnel’s income. A military spouse could be ordered by a Michigan court to split their military retirement salary with the surviving spouse. This split can be granted regardless of whether they were married for fewer than ten years.

A spouse serving in the military may lose custody before September 2015. A military parent involved in a custody battle may lose custody of their child for good. All that while they are on active duty. The military parent’s deployment was acknowledged as proof. It was evident that they were not present in the child’s existence. The judicial system defended it. This enabled a parent who was not in the service to keep the child permanently. The military parent has to endure the ordeal once more after serving their nation for a while. To fight for custody, a parent in the armed forces would need to return to court.

How does residency affect military divorce?

A couple must have at least one partner who resides in the state. It is the place where they want to file for divorce. Military personnel regularly travel and are constantly on offshore deployment. Military parents may not be aware of where they should really file their divorce. Military personnel may even be unsure of the proper tax filing location. They can choose between their state of residence. They can choose the state where they are currently stationed.

Before filing for divorce, you or your partner must have resided in Michigan for at least 180 days. or stay in a Michigan county for a minimum of ten days. You may also file for divorce there if your spouse is still a resident. There are several options accessible. The best state to apply for divorce depends on its legal requirements. Pick the one that will produce the results you want. If you want to skip a state’s “cooling off” period before a divorce can be finalized, for instance.

Responding to a divorce petition may be challenging. It can be impossible sometimes for a defendant-spouse in a divorce. Within a reasonable timeframe, reply to the divorce complaint. This is true if you are stationed far outside of your state or are deployed abroad. A partner in the armed forces may ask for a divorce to be stayed (or stopped). As long as military parents are deployed, they can petition for a stay. No matter if they are stationed across the nation or on the other side of the globe. Almost always, the divorce court will grant it.

During the stay, the divorce procedure is halted or put on hold. After the military partner who has deployed returns home, the stay is for 60 days. While a spouse is actively engaged in the armed services, no default judgments may be granted. It is possible to make temporary judgments about things. Courts can grant temporary judgments to cases like child custody or child support.

The state of Michigan recognized the challenging experience of military parents. The Michigan legislature amended the Child Custody Act twice to help military parents.

Non-military parents can no longer request a change of custody under the new law. While the military parent is away on deployment, it will not be permitted. No further orders may be issued by the court. On the child’s long-term custody, they can no longer alter a previous order. The court may give a custody order, but it would only be effective during that time.

Military parents must inform the court of their return from deployment. Parents must do this within 30 days after their return from deployment. Following that, the court will assign custody of the child to the military parent. Everything will proceed as it did before the deployment. The parents keep the status quo of custody during any deployment

The Servicemember Civil Relief Act is applicable in Michigan. This is found in the Michigan Guide for Military Family Law. The guide was created by the Center for Ethics, Service, and Professionalism at Thomas M. Cooley Law School. The Michigan Department of Attorney General also contributed to its creation.

While the other is in the service, one parent asks for a modification of custody. A judicial stay might be granted to the deployed parent. A military parent deployed will find this SCRA provision to be very useful. The custody arrangement cannot be modified by a new court order. It cannot be modified while the military parent is deployed. Not the arrangement that was in place when the parent’s deployment was ordered.

Interim custody may be granted by the courts. The parent who chooses to remain must show that doing so is in the child’s best interests. They must do so using convincing and clear evidence. The MCAA also recommends a supplementary clause. The courts must reinstate the custody arrangement. It must restore the arrangement in effect before the parent’s active duty assignment. The MCAA and the SCRA both seek to avoid military parents from suffering. The military parent must not be at a disadvantage as a result of their commitment to the US.��

How does military divorce deal with property division?

Before a divorce in Michigan can be finalized, some issues need to be settled. You have dividing assets. It is frequently one of the toughest of these. Long-term partners typically have a varied asset portfolio. It includes the equity in a house they own together. It includes savings accounts and retirement accounts. If you are in the service military retirement benefits are on the table for distribution. It can be split if one or both spouses served in the US military.��

The marital estate must be split “fairly” under Michigan divorce law. It is done fairly regardless of the size or composition of your marital asset portfolio. Sharing equally means that each partner receives roughly half of everything. Spouses can consent to other arrangements. They can opt to have one partner getting more assets but also more debt.��

Military personnel and their spouses who file for divorce often encounter difficulties. They can face problems that other divorcing couples may not experience. Determining how military retirement benefits are split between spouses can be a problem. Divorcing military spouses may need to address them. A person who enlists in the military is eligible for many benefits. These benefits include retirement benefits after their time in the service is completed. Retirement benefits can be generous. They also have free or reduced healthcare, housing, and many military facilities. You should be aware of how they are managed if you and your partner divorce. Those benefits could turn into valuable assets in the context of property division.

Other regulations may have an impact on the eligibility of non-military spouses. Especially those for a share of retirement benefits. The couple stayed together for a 10-year marriage. The military partner must have worked for at least 10 years. Worked 10 years outside of their total retirement eligibility. This is to be eligible for direct payments from their retirement pay. The so-called “10/10 requirement” refers to this. This requirement cannot be freely disregarded by military spouses. The non-military spouse may still be granted a piece of the military retirement pay. The non-military spouse can if the couple was married for less than 10 years.��

A person can only get money from the Department of Finance and Accounting (DFAS) directly. It is provided for under the Uniformed Services Former Spouses’ Protection Act (USFSPA). They must satisfy the criteria of the “10/10 rule.” According to this regulation, the couple must have been together for at least 10 years. The service member must have rendered 10 years of active duty during that time. You have to be married for 10 years to get payment straight from DFAS. Or the serving spouse has served for 10 years.

The partner can be eligible for a portion of their spouse’s military retirement pay. The USFSPA establishes the 10/10 rule. It permits each state to implement its own regulations. This includes military retiree benefits in the property division procedure. It may not always turn out as a 50/50 split. Michigan courts can share marital property in an equitable manner. A person can be granted a portion of their spouse’s military benefits as part of a divorce settlement. They can be eligible to receive up to 50% of the overall retirement payout.��

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.