Overview of Divorce – Michigan Law

Overview of Divorce – Michigan Law

A complaint must be filed in the county where the parties live to begin a divorce proceeding. According to the law, you must have resided in Michigan for at least 180 days prior to filing the divorce case. Ten days before submitting, you must have resided in the county where you made the filing. A judge is given a divorce complaint at random by the court clerk. The first person to receive your document and enter it into the court system is the court clerk. In this system, you can’t pick your judge. A summons will be issued by the judge after receiving the complaint. Let���s take an overview of divorce in Michigan.

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An instruction to take action is contained in a summons. The summons will be given back to the parties. The parties who filed the complaint along with the divorce paperwork. The parties or their attorney will take the necessary steps to ensure that the other party receives a copy of the divorce papers. A bailiff or another person designated by court rules is used to serving the opposing party. The opposing party has 21 days to respond to the divorce papers once they are in their possession. They have 21 days to choose their own attorney to address the complaint. The case lifecycle begins when the court receives the response.

 

What are the requirements for divorce in Michigan?

Before Michigan courts will even consider if you are a Michigan resident, see whether you are married. There is no marriage to dissolve if you are not married. You are cohabiting if you share a home with a partner. You can also fall under the definition of common-law marriage.

Follow the rules on residency. Individuals who want to dissolve their marriage must first comply with the residency requirement. The following are the requirements for residency:

[ 1 ]�� You must have spent 180 days residing in this state. Ten days of your residence in the county before the complaint was filed.

[ 2 ]�� Submit the divorce complaint in the county where you reside.

It does not matter where the marriage was finalized. As long as one partner satisfies the above two requirements. The filing of the complaint is valid. It is irrelevant where the other spouse is now residing.

You have the following choices if you don’t satisfy at least one of the Michigan residence requirements:

[ a ]�� Provide proof you have spent the requisite number of days residing in Michigan. You don’t have to wait before starting the process of obtaining your paperwork.

[ b ]�� Let your spouse submit the paperwork. The residency criteria must be satisfied by your partner.

Choose another state if you or your spouse are qualified there. Always take the alternative into account for the jurisdiction where you got married. Each state is distinct. The 60-day waiting period is mandated by the court. This is for uncontested divorces without minor children.

If the divorce is granted before the sixty-day waiting period has passed, the court nullifies the divorce. The six-month waiting time is waived by the courts, but not the sixty-day term. There can be “severe hardship” or “such compelling need.” Such a scenario can “appeal to the conscience of the court.”�� It can lead to the six-month waiting period being extended. The court never shortens the waiting period to less than sixty days. The opposing party has a certain amount of time to respond once the complaint is filed.

People get a chance to collect their thoughts during the waiting period. A moment to consider divorce and its repercussions. A chance to mend fences for the benefit of the family. The latter 60 days of the 180-day waiting period are amenable to waiver by judges. Divorces involving young children fall under this category. An understanding between the parties is required. It presumes all issues are resolved. To protect the interests of young children, divorce can be accelerated.

 

How do you start the divorce process?

You are formally requesting a divorce by filing a complaint. The plaintiff in a divorce case is you. The accused is your spouse. A summons, a complaint, and other court documents are served by the plaintiff. The formal divorce proceeding starts. The courts provide a list of the documents you need to submit to begin your case. It will instruct you on how to file it and the next steps to keep the process going. Once your paperwork is filed, you must serve copies of it to your spouse. You can serve your spouse by having the documents delivered personally. You can mail them using certified or registered mail.

A defendant person in a criminal case is not the same as a defendant person in a divorce case. That doesn’t imply that you did something improper or that you are in trouble. That does not imply that your spouse will have the final say in all divorce-related matters. The filing simply implies your spouse initiated the divorce process. Your spouse did this by filing the initial paperwork.

 

How do you handle summons and responses?

You must promptly get a copy of the response from your spouse (the Defendant). Submit the response to the court. You or your attorney can submit the papers. Your spouse needs this to take part in the divorce proceedings. Your summons and divorce complaint was personally delivered to them. From the day they got them, they have 21 days to submit an answer. Those who were served via mail or outside of the state of Michigan have 28 days to prepare and serve a response. The Response deals with the sections of the divorce complaint. Your partner should list what is being agreed on and disagreed on. Your spouse provided answers to any or all the important divorce issues. Talked to your attorney.

Your spouse does not return a response to the divorce complaint. Have the court clerk sign a default request and entry form. Submit one and provide a copy to your spouse. Your spouse delays filing and serving an answer. You fail to send your default request and entry. Your divorce proceeding will be terminated. Your Default Request and Entry form is submitted. The divorce process moves forward.

Once you turn in the Default Request and Entry form and the clerk signs it, your spouse is “defaulted.” Your spouse won’t be permitted to take part in the divorce process. If they ask the court to overturn the default, they can start taking part in the divorce process again.

If your spouse defaults, ask the judge to enter a divorce decision with the conditions you want. Do this if your spouse doesn’t file a motion to reverse the default. Even if your spouse has not defaulted, the default will still happen. This does not necessarily guarantee that the judge will approve the proposed verdict. Your divorce must still be fair and compliant with the law. Equitable property division is required. When determining custody arrangements, the children’s best interests must always come first.

 

What is this waiting period?

There’s a six-month waiting period for divorce involving children. It’s a must and unavoidable before your divorce can be finalized. You go through this even if you and your partner are separated at the time you filed. The waiting time begins on the date you filed. It can take longer if you and your partner can’t agree on anything.

Convince the court the waiting period is unusually hard for you and your children. It will be difficult if you wait for 180 days to finalize the divorce. The court can reduce the waiting period for compelling factors you can cite. The court, however, is not permitted to reduce the waiting period below the mandatory 60 days. You can submit a motion to petition for a reduced waiting period.

 

Do you need mediation?

Divorcing couples can try mediation. It’s an option to take during the mandatory waiting period. A professional can help settle disputed subjects in your divorce case. Mediation can cover property-debt division and child custody.��

There are situations where mediation may not work. Any of the following situations can mediation inappropriate:

[ a ]�� A personal protection order or PPO is issued against and active for either party.

[ b ]�� The spouses’ children went through abuse or neglect.

[ c ]�� Domestic abuse is present in your marriage.

[ d ]�� One or both of you cannot speak for yourselves during the mediation process.

[ e ]�� The mediation process endangers either your health or safety or both of yours.

A mediator is an impartial professional trained to help you reach a compromise. There is a cost to mediation. A mediator can be a private practitioner or a member of the FOC.

 

Do you need arbitration?

There will be matters in the divorce process you and your spouse cannot agree on. It’s inevitable, especially for a contentious divorce. You can move forward through arbitration. It is a sound legal option. Arbitration can take place if both parties consent to the process. The parties agree to abide by the arbitrator’s recommendation and decision. Parties pay for the cost of arbitration. The arbitrator’s ruling is enforceable. It has the same effect as a judge’s decision. The arbitrator is a neutral third party with experience rendering decisions. The arbitrator’s ruling becomes part of the verdict in a court case.

 

How does dismissal happen?

Couples can decide not to do the divorce at any point in the process including the filing of the complaint. File a case Dismissal Form if you filed a divorce complaint. You don’t need your spouse’s signature if your spouse didn’t respond to the complaint. You also don’t need your spouse’s signature if your spouse did not file any motion. If your spouse responded or has already filed a motion, you need both of your signatures.

 

What does finalizing a divorce mean?

The court can sign a draft of your divorce judgment after a default, an agreement, or a trial. The ruling can state what you and your ex-spouse must do to dissolve your marriage. Orders can include child support, spousal support, child custody, and parenting time. Orders can also include property and debt division.

Your divorce case can be finalized in any one of the following:

[ a ]�� The court will rule by default. Your spouse wasn’t submitting an answer or taking part in the case.��

[ b ]�� A negotiated judgment. A shared decision reached by you and your spouse.

[ c ]�� By mediated agreement. You talk with a mediator with your spouse to negotiate the arrangements.

[d]�� A jury trial in court. You and your spouse are unable to agree and the case is decided by a jury trial.

The Judge won’t sign your order until the FOC approval is recorded in the court’s files. The FOC checks if orders contain the information required by Michigan law. To make sure you haven’t left out any crucial details, FOC will check. Your parenting time provision is evaluated by the FOC for enforceability. Also, they certify that your child support agreement complies with all legal criteria.

Before they can be finalized and entered by the Court, any of the following must be examined and authorized by the Friend of the Court:

[ a ]�� Final Judgment of Divorce with Children.

[ b ]�� Final Child Custody Order.

[ c ]�� Final Uniform Child Support Order.

[ d ]�� Final Judgment of Divorce with Spousal Support.

[ e ]�� Final Uniform Spousal Support Order.

[ f ]�� Any order modifying child support, parenting time, or custody from a previous order.

[ g ]�� Motion and Order to Credit/Discharge Arrears Agreed Upon.

Copies of your proposed judgment or order must be given to the FOC. It should contain other important papers. It must be submitted to its office via mail, email, or personal delivery.�� The FOC approves the documents before the last hearing in any divorce case. FOC must approve it before the court issues the final orders.

Avoid mailing your original signed documents and your request to the FOC office. A single copy for FOC is enough. You’re not getting your original copies if you send them by mistake. Depending on the manner it was submitted, you can receive a written objection from the FOC. The objection can come via mail or email. The objection comes with instructions on how to correct the documents. Do the required correction and resubmit the documents. Do it within a reasonable time. The court can dismiss your case if they don’t get the documents on time.

 

What is a judgment of divorce?

A divorce decree, also known as a divorce judgment, is a legally binding court order. It serves as evidence that a couple has officially and legally divorced. A divorce order can be drafted for you by your divorce lawyer. This proposed decree includes details specific to your situation. This significant document is delivered to the court following a discussion or mediation. Once both parties have approved the settlement, the judge enters the decision and grants your divorce.

Following the divorce proceedings, the judge will issue a final order.�� The following problems are primarily addressed in the final order:

[ a ]�� Parenting time and custody of children

[ b ]�� Child support

[ c ]�� Property division

[ d ]�� Spousal support (alimony)

The court can make the ultimate judgment following a trial. A settlement agreement made by the spouses may be decided by the court. The final order will reflect the judge’s decisions if the divorce involved a trial. The judges’ decisions are supported by the attorneys’ arguments. The spouses agree on conditions. These conditions can be included in the final order in an amicably concluded divorce.

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How Will Child Custody Arrangement Affect Child Support – Michigan Law

How Will Child Custody Arrangement Affect Child Support – Michigan Law

What is the relationship between the assessment of child support and the determination of custody? Identifying the progenitors is the first step to take. Custody is then decided by the judge. The judge moves on to child support after determining custody and parenting time. The cost of child custody is typically covered by someone.�� When parents can divide the same parenting time, a court will not order child support. The money they make is equal. Child support in this case is awash. Child support won’t be paid.

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Child support should be considered in relation to parenting time. One spouse has physical custody, and the other has visitation rights. Your support payment will be at its highest if you are the parent who has visitation but no overnights. Maintaining the lowest possible child support obligations entails some things. More overnights will be granted along with parenting time. Get the most accurate income details you can. Get your salary and overnights numbers entered into the child support calculator as precisely as you can.

The legislation gives child support a lot of weight. It discusses how to ease child custody. It suggests that the other partner manages the majority of child support. The other partner is responsible for paying that child support. Child support is determined by a few factors. The number of children determines the amount of child support. How much do the parents make? When children will sleep over? How many nights? Essentially, these dictate how child support is determined. The Michigan Child Support Formula, or MCSF, is used to calculate the required minimum sum of child support. The formula produces a number that indicates how much child support needs to be given. The judge has the discretion to alter the formula. The stakeholders have to share more details. The use of the formula can be subject to modification by the judge.

 

What does the child support amount cover?

The following obligations or expenditures are covered by child support:

[ a ]�� A base support obligation that has been altered to cover child care.

[ b ]�� Medical support obligation. It includes both common and unusual medical expenses. Health insurance and premium sharing are also covered.

[ c ]�� Child care expense obligation.

Base support obligation.

The base support amount factors in two things. the number of nights spent with children and the total income of the parents. Payments for children of the same parents are equalized by base support. Whether there are a few or many instances, it is sorted. Using the total number of shared children, base support is determined. The parental time offset and basic support are calculated. It is determined as the portion for each child. A�� portion of what would be due if all children-in-common were included. Base support applies when less than all the children-in-common are listed. A nonparent-custodian is responsible for some of the shared children. The children residing with that individual should have their basic support determined separately. It needs to be separate from the base support for children under a parent’s care.

Medical support obligations.

Treatments, tools, and prescriptions are all referred to as “medical” items. Preventive care and other treatments are also included. It comprises products linked to psychological, visual, oral, and other related care. These are the services that medical experts offer or recommend for children. Medical assistance includes cost-sharing for premiums and healthcare coverage. Further and continuing medical costs are also covered. Co-pays and deductibles for uninsured medical bills are typical medical costs. Parental care costs are not covered by typical medical costs. These expenses are for first aid supplies and over-the-counter medications.

One child’s annual medical costs come to $454. Above and beyond the yearly ceiling on typical medical costs are uninsured charges. They are referred to as supplemental medical costs. In the UCSO, these additional fees are referred to as uninsured health care costs. The higher medical costs must be paid in part by each parent. That will depend on their individual incomes. One parent must pay for the child’s health insurance. This might be stated in a court decision. Coverage might be offered as a perk of work in the form of personal insurance. Maybe obtained from the parent’s spouse in another way. Or even from a member of their own family. Sometimes public insurance programs like Medicaid or MIChild may be involved. The parent who should provide care will be determined by the court. The MCSF Manual’s components can be used to decide which parent to select.

Child care expense obligations.

Child care spending responsibilities are the real amount parents have paid. It is a spending plan for regular child care costs. It may demonstrate that their child care expenses are substantial, predictable, and fair. A�� sum set aside to cover the children’s real childcare costs. Using the proportion of the household income, the amount is determined. A contribution from each parent’s income. A parent or nonparent caretaker may get a job. The parent can use this amount to maintain their existing status. It may also be used to enroll in a course of study to increase career possibilities.

Child support obligations are calculated using various assumptions. It anticipates continued net expenses. These net costs are used to compute the current child support order. All changes in expenditures must be communicated between parents and custodians. If parents stop paying for a child’s care, they must inform the Friends of the Court. Keep in mind that the MCSF sets an amount that acts as the minimum amount of child support. Child support cannot promise to meet every expense related to raising a child. Usually, the computations cannot be used “as-is.”

Working, attending school, or seeking a job are all options for parents. Child care expense obligations are available to assist parents to pay for child care for children up to age 12. The judge will fairly divide these costs based on the parent’s income. There can be further issues with child support. That could be covered by the parenting plan between the parents. For instance, they may select how to pay for trips. The topic of how to pay for extras like field trips might be discussed. They can also spend money on additional frills for niche interests. In Michigan, some parents split the expense of their children’s college tuition.

 

Do you still pay child support if you have no parenting time?

One factor taken into account while determining child support is parenting time. The decision to pay or not pay child support is not based on this. Parenting time and child support are distinct and separate issues. The interests of your child are served by both. They do not conflict with one another. To protect your children’s interests, you must have child support and parenting time. Child support guarantees that both parents meet their children’s financial requirements. Orders for child support are necessary for every custody dispute. Unless support has previously been settled in a related action, it is an element of a court order.

Parenting time is taken into account when calculating child support. Child support obligation is unrelated to parenting time. One of many components used to determine child support is overnights. That is not the only factor used to calculate child support. Even if you don’t have parenting time, you still need to pay child support since you are the children’s parent. If you decide against exercising your right to parenting time, you will have to pay more in child support.

 

Can child support be modified? Can it be reduced?

A standardized decision can occasionally be unjust. A court must presume that the support indicated by the approach is reasonable for your child. Parents can agree on an alternative amount of support. They cannot be forced to pay the amount established by the formula. A court can decide if their agreement is in the best interest of the child.

Even if you and your spouse haven’t come to an agreement, you can still petition the judge. You can ask to modify the support amount. You can do so before a final decision is made. The judge can consider these factors in determining a reasonable level of support:

[ a ]�� The child’s requests.

[ b ]�� The child’s extraordinary cost of education.

[ c ]�� If one of the parents is a minor.

[ d ]�� If the computation does not account for a parent’s total income.

[ e ]�� If the computation did not account for a parent’s total income when a parent seldom receives bonuses.

[ f ]�� If someone else is aside the parent is capable of providing medical care.

[ g ]�� If a parent has the financial means to raise their child’s standard of living. Better than the federal poverty line without requiring public assistance.

[ h ]�� Whether the parents accrued significant debt jointly.

[ I ]�� A parent is behind bars and has little to no income or assets.[ j ]

[ j ]�� Medical expenses are particularly high

[ l ]�� A parent provides practically all of a stepchild’s needs.

[ m ]�� When a child earns a remarkable sum of money.��

[ n ]�� When a court judgment mandates the payment of additional costs.

[ o ]�� Special orders for spousal support.

[ p ]�� When a parent contributes more than 50% of their base income to child care.

[ q ]�� When a parent owes a family member or children criminal fines or costs.

[ r ]�� Whether a parent is bankrupt or not, the daycare and other parents’ expenses aren’t taken into account by overnights. They are utilized to determine how much parenting time is offset.

[ s ]�� When the child is in the care of another person

[ t ]�� Before applying the parental time offset, there was an existing support obligation.

[ u ]�� Any additional aspect that is crucial to the child’s best interest.

[ v ]�� The daycare and other parents’ expenditures were not taken into consideration. It was not accounted for when determining the offset for overnights.

[ w ]�� The bankruptcy status of a parent.

[ x ]�� If neither parent has custody of the kid.

Petition for a modification of the needed child support. You can show that there has been a “change of circumstances” since the original or most recent order was made. What precisely would be included in a “change of circumstances”?

There is a widespread misperception about fathers in child support. They think the fathers of the children will always be compelled to pay child support. The Michigan Child Support Formula Manual suggests that this may not always be the case.

The children’s mother can make more money. The wife can have a more demanding job, forcing the children to stay over with their dads more regularly. A move for a modification of support can be desirable. It can if your overnight count had drastically altered. One or two nights won’t disrupt the sequence. Adding more than 20 nights to your parenting plan, things could.

Fathers feel they might waste their time. They will waste money on a court filing. Many men decide not to petition for modifications. They think that fathers will always be responsible for paying child support anyway.

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Overview of Child Custody – Michigan Law

Overview of Child Custody – Michigan Law

How is custody determined? How does the court deliberate on who ends up with the kids? In a child custody case, there will be a disagreement and a conclusion. Who the parents are must be ascertained. Finding the mother is not difficult. Sometimes it’s challenging to identify the father. If the mother does not object, the court will accept the father’s declaration. They can produce proof in the form of affidavits of parentage. DNA testing is used by the court to determine paternity. There will eventually be a petition. Let’s take a quick overview of child custody.

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Based on twelve statutory factors, the court will decide. Not all factors are equally weighted. The court can hold off until the parents reach a decision. The court makes a decision when parents are unable to agree. Using the twelve statutory factors, the decision will be made in the child’s best interest. The court can choose joint custody or pick one of the parents.

 

What are these 12 factors used by courts to determine who gets custody?

Judges take into account 12 elements while deciding matters involving underage children. All are related to the child’s best interests. The standards can be used in circumstances concerning children. It addresses child custody, visitation rights, and guardianship of minors. The court takes into account 12 variables while assessing what is in the “best interests of the child.” Despite the importance of each component, the judge need not give them all the same weight. The judge can rule that certain elements of your case are more important than others. The judge must weigh all factors and reach a decision.

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

In many households, children adore and feel a strong bond with both of their parents. You might occasionally be required to offer proof of inappropriate behavior. One parent prioritized their demands over the needs of their children.�� The relationship can suffer because of domestic abuse or other events.

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

This factor highlights the function of parents. Their function in aiding their children’s growth and development. Show you are the parent attending your child’s parent-teacher conferences. Prove that your spouse had a problem with the child visiting a preferred place of worship. Several arguments are made about this factor as well as factor 8 below. You can have arguments comparing the advantages of public and private education.

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

This factor creates an image of the competition. Parents competing for resources to support children is taking place. Child support’s ability to offset any financial imbalances. The imbalances are taken into consideration by Michigan courts. Who takes the children to the doctor? What eating habits are affecting the child’s weight issues?�� Examine medical problems. Perhaps your spouse failed to get the children’s essentials, such as school clothes. Who complied with these demands in the past? Which has a greater capacity for and tendency to provide? Who is supplying the material and medical requirements of the children?

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

The Michigan family court will make every effort to limit how much a child’s life is disrupted. The approach that provides the child with the most continuity is preferred by the courts. In a divorce, the parent who is given custody also has a claim to the marital residence. The judge will assess the history of the children’s time spent with each parent. This applies if the parents are not living together right now. Judges have ruled in favor of keeping that tradition going. Unless it is incorrect or unsafe in another manner. Prove that unsafe living conditions exist. Show that illegal drugs were used within the house. This is crucial, especially if kids can access them. Risky strangers’ introduction into the ecosystem of the children’s household.

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

This factor looks at the physical characteristics of each parent’s home. investigating their interactions with other family members. Relationships between the child and step- or half-siblings may be at the focus of custody battles. The parents’ repeated relocation and the introduction of new romantic partners. Your split can force you to relocate. You should be prepared to show proof of your stability. Provide explanations for why the move was necessary.

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

The main areas of contention are often factors (6) and (7). It’s frequently a topic of contention. Many times, couples try to blame their partner’s extramarital affair. Because of their partner’s drinking habits, custody may not be awarded. The Child Custody Act merely considers a person’s parental capacity. No distinction is made on who the morally superior adult may be. It is not sufficient to have a history of drinking. Make a stronger argument. Show that the other parent drinks alcohol while the children are with them. Deciding to prioritize time with a new partner above your children. This can have an impact on your custody dispute. It does not immediately diminish your spouse’s parenting skills.

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

Be prepared to provide medical documentation or expert testimony in this matter. Show that one parent is struggling with mental health concerns. or a physical disability that affects their ability to be a parent. The Court is required to provide reasonable accommodation. This is provided under the Americans with Disabilities Act for a person’s disability. It is difficult to attest to any fact. You are unable to vouch for the fact that your husband is depressed and stays in bed for days on end. Prove that the other parent is not seeking help. the process of treating a physical or mental health concern. It is having an impact on their parenting skills. Show the other parent is suffering from a recognized medical or mental illness. It interferes with their ability to parent and cannot be accommodated.

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

The primary factors in this component are the child’s circumstances. Provide evidence of the impact of your divorce or separation on your child. Behavior problems at home are required as proof. Disputes amongst siblings or friends, problems in the classroom, or other circumstances. As proof of this factor, progress reports or report cards from the school may be used. Teachers or therapists may also vouch for a child’s development or mental well-being.

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

Children as young as 6 years old may be asked to express their choices in a custody battle. Typically, courts do not summon young people to testify. The family court judge will speak privately with each child. A Friend of the Court investigator may interview them. Learn more about their decisions and the motivations behind them. The judge’s ruling or the Friend of the Court’s recommendation states the child’s wish was taken into account. As a parent, you shouldn’t instruct your child on how to respond in these interviews. You can concur with your child’s point of view. The investigator can assume the child was under duress. When deciding what is in the child’s best interests, it could work against you.

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

In your custody dispute, there may be more stress. Your Michigan custody decision will take this issue into account. Parents must support and encourage their child’s relationship with the other parent. The only exceptions are cases of domestic abuse or child maltreatment. A parent may occasionally restrict a child’s contact with the other parent during a high-conflict divorce. Parenting time can be constrained. The worst circumstances are described using terms like “parental estrangement.” There is controversy over the science behind “parental alienation.” There are times when one parent prevents their children from speaking to the other. You can give the narrative and talk about how it relates to this factor with your lawyer.

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

Children have been involved in some of the most difficult and tragic legal disputes. Domestic violence against children. Parents may have a history of using violent, abusive words or actions toward their children. The courts see this abuse of power very seriously. It can be difficult to describe your experience as a victim of domestic violence to the judge. You should lay out the information, experiences, and observations of the children as well as your own. This will make it simpler for your court to establish a schedule for custody and visitation. It can guarantee everyone’s safety. Understanding how your abuser’s behaviors affect you and your children is helpful.

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

You are free to raise any difficulties that are unique to your circumstance. Despite the scope of this factor, typical “additional aspects” include:

[ a ]�� A child’s particular educational requirements or continuing medical conditions.

[ b ]�� Siblings’ wish to stay together (including step-siblings or half-siblings).

[ c ]�� Childcare arrangements (including the amount of time spent in daycare).

[ d ]�� Stressing out the child emotionally or including them in the divorce process.

[ e ]�� The other parent putting financial pressure on the parent vying for custody.

The following “extra criteria” will not be considered by the court, in particular:

[ a ]�� Parental race or ties between races.

[ b ]�� The gender or sex of the parents. (Favoring the mother based on gender stereotypes. or placing a child with a parent of the same gender for that reason).

[ c ]�� The biological relationship between the child and a parent. (A child was conceived with the use of alternative reproductive procedures; the infant was adopted.)

A parent may ask for a modification of an existing child custody arrangement.�� This arises once a parent finds there is a valid basis to change existing arrangements. Or, that shift in the situation calls for a review of custody. Once the necessary conditions are met, the judge reevaluates the best interest standards. The judge will pay attention to what has changed this time. What presents a challenge for the child?

 

Who gets custody of a child if there is no court order? Who gets custody if the parents are unmarried?

Unmarried mothers in Michigan are presumed to have primary custody of their children. The unmarried biological father still has to prove his paternity. He needs to get a court order granting him custody rights.����

Affidavits of Parentage can be signed at the hospital where the child is born. It can also be done later by unmarried fathers. Unmarried fathers who wish to voluntarily establish paternity with the mother’s consent. A father can legally prove parentage if paternity is in dispute. This usually entails getting genetic testing to prove a biological connection.

Historically, mothers were more likely to be granted custody. Times have changed for parents. Fathers are now recognized by law. They can file actions to get sole or joint custody of their children. They can also get visitation or parenting time.

Unmarried fathers have a greater chance of winning joint or exclusive physical custody. At the absolute least, court orders permit them to spend time with their children. The court decides on child custody if both parents are unable to reach an understanding. The court will make decisions on visitation rights, legal custody, and physical custody. This means deciding which parent the child lives with and when.��

 

What do you need to consider when deciding on the best custody arrangement for your children?

Equal child custody arrangement is more common today than it was in the past.�� Your custody arrangement may change. This can change for many reasons, such as changing circumstances. The developmental stage of the kid should be taken into account:

[ a ]�� The range of your children’s ages.

[ b ]�� How well you collaborate with the other parent.

[ c ]�� Your unwillingness to change, preferring to keep a regular schedule.

Any custody arrangement that is designed with the child, not the parent, in mind should be the best choice. Parents must take into account the following aspects while choosing the custody arrangement:

[ a ]�� Breaks from parenting time. Communicating at least once every few days with each parent.

[ b ]�� Consistency and predictability.

[ c ]�� The child’s developmental stage is taken into account. During nursing, parents can give their children shorter, more frequent attention spurts. This might be more beneficial. The sharing of breast milk may be arranged by the parents.

[ d ]�� When both parents previously provided for the child’s everyday needs. Parenting during the night is one example of a scenario that could apply.

[ e ]�� Consider using a “graduated schedule.” Parenting time is spent less frequently and for longer periods initially. Every time a parent reaches a milestone, they use this graduated schedule. You can use this when a parent has not regularly provided the child with care. Sometimes, a parent may feel uneasy providing care for the child.

[ f ]�� Allocate parenting time as often as necessary. Especially when the parents live in different locations. Parents may have to travel while raising their children.

[ g ]�� The opportunity for parents to accompany their children to significant events. Doctor’s appointments, spiritual holidays, and birthdays can all be categorized as important occasions.

A custody arrangement must be part of the parenting plan. The best decisions are typically those that were made with the welfare of the children in mind. That viewpoint enables us to handle the intricate world of custody arrangements.

 

What custody arrangements are best for your children?

Certain families and their children can or cannot enjoy certain custody arrangements. Decisions best for the parents may not be the best for the children. Younger children yearn for frequent interactions with their parents. It could be more joyful for them. Older children can be more interested in settling down for an extended period. It might be best for the child in the early years to spend more time with one parent. The child starts to spend more time with the other parent as they get older. It’s possible that one parent and their younger children can get along better than the other.

Parental time policies are governed by state law in Michigan. It is the same situation in Macomb County and other Michigan counties. The “best practices” mentioned in these recommendations are often relevant. Most parents view the terms of child custody as a weekly schedule. Templates for parenting time schedules are designed as a weekly routine. You can experiment with a few of these recommended schedules.

Custody schedule using full weeks.

Younger children benefit from weekly plans. Weekly arrangements are also a great option if parents don’t live close enough. This pattern of alternating weeks is known as “week on, week off.” Under this type of custody agreement, children spend a full week with each parent. The following week must pass before visiting the co-parent for a full week. For instance, parents can pick Sunday through Saturday as the start and end dates. Use this to decide when the children will also go to the other parent. This custody arrangement prevents a lot of midweek moves.

Instead of moving the children every other week, the custodial parents have them for two weeks at a time. A two-week hiatus can be too long for some children. They do reduce the amount of time that children need to transition from one family to another. Some parents might only use this strategy during the summer. The two-week calendar makes vacations simpler.

Custody arrangements make use of midweek transfers.

During the first week, one parent will put in more hours than the other. During the second week, the other parent will put in greater hours. The total number of custody days for each parent is equal by the conclusion of the two weeks. There are various ways to divide the weeks fairly. These numbers reflect how many days each parent will have. Parent One has 3 days with the children, then Parent Two has 4 days. Parent One has four days, but Parent Two only has three. It follows the equation 3-4-4-3. Then the schedules are reset.

[3-4-4-3]. The fourth day rotates, but the parents always have the same three days of the week in a row. One parent might only have weekends off. Maybe just Friday through Sunday is available to the other parent. You occasionally switch Thursdays. Weekends are not switched in this approach. A Saturday or Sunday can be chosen to be the day for switching.

[5-2-2-5]. With the children, alternate the entire weekend. A 5-2-2-5 strategy is worth trying. Every parent gets the same two days a week to spend with their child. Get the Monday and Tuesday schedules or Wednesday and Thursday schedules. Each parent alternates weekends with the other.

[2-2-3]. You want your children to switch between parents as frequently as possible, but not every day. Consider using the 2-2-3 custody scheme. Parent Two takes over the other two days of the week while Parent One looks after the children for two of those days. Spending time with Parent One and the children over the next three days. The plans for next week are reversed. Parent One receives two days, Parent Two receives three days, and Parent Two receives two days.

A week without one of the parents can be too long apart for children. It makes sense to break up the week in these circumstances. These arrangements divide custody equally throughout two weeks. Regular work, weekend, and vacation schedules are included in this. The same is true for special days and other noteworthy events.

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Fathers Rights Child Custody – Michigan Law

Fathers Rights Child Custody – Michigan Law

In the past, mothers’ and fathers’ privileges were not equal. There was bias in support of the mother when it comes to child custody. The court has tried to overcome prejudice against fathers’ rights in child custody.

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Now, judges decide based on what is best for the children. Gain the court’s favor by offering to bargain or work together. Assemble proof to back up your claims. Look for information that is in the child’s best interests. Prepare to enter into negotiations for your custody action. Find the best deals by comparing your options in child custody.��

 

Are courts biased against fathers?

The courts in Michigan, or any other state, are not gender biased in the context of child custody. The data indicates these disputes are settled between the parents. The judges are not even looking at them. Your goal should be to prevent a trial if you are currently pursuing a divorce. In reality, 98% of divorce cases are resolved outside of court. Resolve your conflict amicably rather than resort to lawsuits and conflict. You have rights. Parents can determine custody and parenting time. Both parents can agree on it. The decision on parenting time and custody can be made by the parents, not the legal system.

90% of child custody disputes were settled outside of court. 2018 data says mothers were selected as the primary caregivers in 79.9% of these agreements. The figures are fewer than the 82.5% of mothers who were given the privilege of being a custodial parents in 2014. Fathers can be preferred as custodial parents if this trend persists. The decision to do this was made by the parents in agreement, not by the judge.

In Michigan, women receive custody in 51% of cases, while joint custody is granted in 40% of cases. In 7% of cases, dads are granted custody. Keep in mind that most of these agreements were done out of court by the litigants themselves. Only 4% of child custody cases go to court for a decision. We can no longer even hazard a guess on whether judges are impartial based on gender. The interests of the children come first. It is a priority before resolving disputes between husbands and wives.

The courts in Michigan handle a small number of cases directly.�� We can conclude that the legal system has been largely gender-neutral so far. It deals with 2% of divorce cases and 4% of custody disputes. We can claim women are granted child custody 90% of the time. We mean both spouses consented. They consented as part of an out-of-court settlement. The mother takes custody of the child. The court did not have any input into this choice. As a result, fathers will pay more for child support. 74.3% of men who have custody of their children in the US work full-time. The situation for fathers is not particularly dire.��

The court system has minimized gender bias in its determination and decision-making. The court only decides on a small part of divorce and child custody cases. Shared parenting time works in favor of both parents. Mostly it favors the children. Both parents get an equal say in the decisions. Decisions about any divorce or child custody arrangements.

 

What are the rights of fathers?

All parents are still entitled to see and engage with their children. You are legally entitled to visitation with your children. You have rights to parenting time unless your parental rights have been terminated. The final divorce decree addresses concerns like parenting time. Any parent may request more parenting time than what the final agreement specifies. A parent’s legal rights forbid their ex-spouse from less than the agreed-upon parenting time. It is forbidden for parents to consciously undermine the bond with their children.

The Revocation of Paternity Act or RPA. Also known as Public Act 159 of 2012. The legal rights of the biological father are recognized by this law. It refers to the father establishing his paternity in the instance of a child born during a marriage. Paternity may be established within one year of the date of the order of filiation. It can be within the first three years of a child’s existence. As long as the lawsuit is filed within a year of the law’s passing, it may be filed. This legal action must be brought no later than June 12, 2013.

Fathers and mothers have a right to know their children, even if they are not married to one another. Both their financial and emotional needs must be met. When a child is born to married parents, the law considers the husband and wife to be the child’s legal parents. Married individuals are exempt from having to prove paternity in court. Legally, the biological father is not considered to be a parent. Not before he follows the appropriate steps to do so. More so if the child is the offspring of unmarried parents.

The Paternity Act of Michigan is distinctive and different in one way. The biological father has no visitation rights. He has none if the mother is married at the time of the child’s birth. The present husband is not the infant’s biological father. The child’s biological father has no further rights to the child. The biological father is cannot be mandated to pay child support. When a couple is married at the time of a child’s birth, only the husband or the woman may dispute paternity. Under current Michigan law, the biological father is not entitled to do so.

The mother of the child must sign and submit an “Acknowledgement of Parentage” form if the parents are not married. Before a man may be legally recognized as the child’s father, you need this document. This document is enforceable in court. The document declares to everyone that the man is the child’s biological father. It is agreed upon by the mother and father.

 

How can a father assert his rights?

You might think that your rights are entirely up to the mother of the child. Possible worries include not being able to see or live with your child. The good news is that Michigan law recognizes your parental responsibilities. The laws give you the formal right to be acknowledged as the child’s father. You are entitled to request custody or visitation rights under the law. You have a say, as a legal father in how your child is raised.

The biological father can assert the right to bring a paternity case.

Michigan legislation provides the father with options. A father of an unmarried child has the choice to submit two different documents. A biological father’s parental rights can be protected by these two documents. if he and the mother of the child are unable to concur on the parentage of the child. A biological father can start an action through a “Notice of Intent to Claim Paternity.” The child gets protected against potential adoption. This notice of intent to assert paternity prevents or stops any adoption proceeding. Before the baby is born, it might be necessary to send this.

A father has the option of delaying the filing of a paternity case. He can choose to file it with the Circuit Court until after the baby is delivered. After the paternity action is filed, a judicial order may be made. A DNA test can be ordered. The judge will issue an order requiring the mother, father, and minor child to appear for testing.��

Fathers now share the same duties and privileges as other parents. Once paternity has been established he gains his paternal rights. Among these paternity rights are:

[a] Getting legal and physical custody of the child.

[b] Getting involved in decisions affecting the child.

[c] Quality time spent with the child.��

[d] Being responsible for the child’s support.��

Now the biological father has custody of the child. The father can request financial support for the child, and a judge can grant this request.

The biological father can assert his right to request child custody and visitation.

Historically, moms were more frequently given custody. Situations are evolving. Fathers who are legally acknowledged can apply for sole or joint custody of their offspring.�� They can also seek visitation or parenting time. Single fathers today are more successful than ever. They could ask for joint or sole physical custody. Or, at the absolute least, petition for orders favorable to them. Orders that permit them to engage in meaningful interaction with their children.

The courts always decide custody cases based on what is best for children. The courts also accept the possibility that the children cannot always benefit from remaining with their mother. If you’re a father who isn’t married and has questions, speak with a lawyer. Inquire about the parental rights you are entitled to under Michigan law.

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Emergency Custody Hearing – Michigan Law

Emergency Custody Hearing – Michigan Law

Courts may accept emergency docket cases, giving them priority over other cases. The term “emergency” may be defined differently by the court. It differs from what the majority of people are aware of. When something awful occurs or causes severe harm, it is considered an emergency.��

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The main goal of an emergency custody hearing is to safeguard a child. It is permitted to provide immediate relief. This is a serious remedy that must be heard and decided in ex parte. Ex parte hearings exclude the opposing side from the discussion of the matter. A dispute can also be addressed by the court inviting all parties and holding a hearing.

 

Under what conditions can you call a hearing for emergency custody?

The backlog of cases in Michigan’s courts has varying degrees. In family court disputes, delays are normal and even expected. They are unacceptable if they put your child in danger. There can be risks of violence or other harm to the child or children. There are fortunately ways to expedite a child custody hearing. Almost all decisions made at an emergency hearing are designated as temporary. It is due to the speed at which these cases are handled.

Situations that warrant emergency hearings are governed by regulations.�� They vary between states. Only when the child’s health or welfare is at risk do several states hold emergency hearings. An emergency hearing may be appropriate in cases of child abuse and child neglect. It can be for substance abuse while the child is present, or the presence of a sex offender in the home. An urgent hearing is possible if the parent is in danger of being found guilty of a violent or serious crime. A parent’s outright refusal to permit visitation can be a cause. It can justify an emergency hearing in some jurisdictions.

In Michigan, when a motion is filed in a matter, the opposing party has a legal right to notice and a window of time to reply. The judge often hears from both sides during a hearing before rendering a ruling. When a party requests an ex parte order, this procedure is an exception. An ex parte order is one that the court issues without giving the other party a chance to be given notice or to reply. It is an order that a judge signs without holding an initial hearing.

Custody-related matters are important some are considered emergencies and will be handled quickly. Frequent justifications for submitting an urgent petition for child custody include the following:

Risk of a kidnapping: You learn that your child’s other parent intends to abduct your child. It is happening during their upcoming visit. You may be in need of emergency custody.

Drug Abuse or Addiction: A parent abusing drugs or alcohol puts a child at risk. Neglect would at the very least be a very real risk. Child custody can be granted temporarily due to drug abuse.

Abuse of children: Abuse of children is never acceptable. The most frequent justification for urgent child custody is child abuse.

The court takes into account various forms of evidence. It helps it make its judgment, including:

[ a ]�� Testimony from witnesses or affidavits

[ b ]�� Videos and images

[ c ]�� Police reports

[ d ] Medical or health records

[ e ]�� Government agency reports

A petition for emergency custody of a child gets a hearing. The court determines whether the existing custody arrangement should be upheld or changed. The child’s safety and best interests are given first priority by the court in making a decision.

 

How fast can you get an emergency custody hearing?

The parent or their attorney submits and presents evidence to support their claims. It is presented during the hearing that will follow. The opposing parent or their attorney can offer justifications and supporting details.

But, ex parte motions follow a different procedure. This procedure requests that the court issue ex parte orders. This is also known as an emergency order. It is done without consulting the other parent. This occurs in situations involving domestic abuse or child abuse.

An ex parte request is decided by the court without a hearing. The opposing parent has 14 days following notification to submit an objection. They can ask for a hearing if the request is approved. In contrast, the parent who submitted the ex parte motion has 21 days to object. The moving party can request a hearing if the court rejects it.

In the ensuing hearing, both parents are permitted to take part. They are expected to offer testimony and call witnesses. Then, the presiding judge chooses what to order. Hearings are court appearances with a judicial representative. They are held so that the court can learn more, decide on a matter, and issue orders. They can be quick and simple. Taking 15 minutes to accept a settlement agreement. Drawn-out and complicated such as taking hours or days. It can be cases to determine final custody arrangements when parents cannot agree.

The court determines the sufficient basis for an emergency hearing. It schedules the hearing as soon as possible. In some cases, an emergency hearing may be scheduled within a day or two. This of course depends on the court’s availability and the urgency of the situation.

An emergency custody hearing is not a permanent custody determination. It is intended to address urgent matters that cannot wait for a regular court hearing. The court can issue temporary orders to protect the child’s safety. It can work as a temporary restraining order or temporary custody arrangement.

In some counties, a judge will preside over your hearings. The judge’s rulings become court orders right away. At some proceedings, judges in other counties appoint domestic relations referees. A parent can file an objection. It triggers a rehearing with the judge. Referees offer recommendations that judges can approve.

 

How do you prepare for an emergency custody hearing?

Hearing decisions may have a significant impact on both your case and your children. Proper planning is essential.

If you have a lawyer, they will aid you in getting ready. Give them anything they ask for, and always be truthful with them so they can speak for you in the best possible way. If you’re defending yourself, be as prepared as an attorney. Learn about the criteria the court uses to make custody decisions. Study the evidentiary rules and regulations in Michigan.

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

Another popular form of evidence is witness testimony. Non-expert lay witnesses may provide testimony based on their own observations. These witnesses could be the parents themselves and family members. They can also be professionals who have worked with the family. These can be professionals like therapists and childcare providers.

Get information on particular steps and requirements for court proceedings. Contact the court clerk or Friend of the Court office. See a hearing in advance of your court date to get an idea of what to expect in a hearing. Dress appropriately. Dress up as if you’re going to church or a work interview on hearing days. Come early to seek parking, navigate security, and find the courthouse.��

Use “Your Honor” whenever addressing the judge or referee. Respect everyone and refrain from interjecting. If you don’t understand something in the proceedings, ask for more explanation. Take your time when speaking, but keep on the subject. Don’t ramble. Address questions directly and only offer justifications when asked to. Never distort or mislead.��

Bring the children only if they are scheduled to be interviewed that day. Please don’t bring any new romantic partners. You can bring friends and family. They are welcome.

The court takes any information that aids in making a decision. Every decision represents what is best for the child and what can be done to ensure their safety. If necessary to make that determination, the court may ask for specific information.

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Divorce in Michigan – Michigan Law

Divorce in Michigan – Michigan Law

In Michigan, you don’t need a good and very dramatic reason to get a divorce. You won’t get a reason from an attorney for getting or not getting a divorce. Michigan is a no-fault divorce state for some time now. To get you a divorce, Michigan does not need a valid reason, though.

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In a divorce in Michigan, there are three things to think about. One is the filing of divorce papers or divorce complaints. File it in the county in which either spouse resides. You must be a resident of the county at least ten days before the filing of the divorce complaint. Two is the timeline of the divorce. In filing for divorce, the court establishes a schedule. There is a 60-day waiting time before filing for divorce without children. A 6-month waiting period applies to divorces involving children. The timeline serves as a window for resolving marital conflicts. An opportunity for reconciling. Three is the divorce decree. It’s called the JOD, a judgment of divorce, a divorce order, or a divorce decree. Until a court signs an order or decree, you are not legally divorced.

Make sure you’ve tried everything. Make things right before filing for divorce. You might have second thoughts so try one last time. It can be difficult to withdraw your divorce complaint. More so if you have already served your spouse. Even if only one spouse wants to end the marriage, the court has the power to issue a divorce. Check to know if you still want to pursue marriage counseling before filing for divorce. You might yet be able to resolve the issues affecting your marriage.

 

How do you file for a divorce?

You called a divorce lawyer already. Divorce is a very personal decision that should not be taken lightly. Your lawyer is ill-equipped to tell you whether to dissolve your marriage. Or under what circumstances you ought to make such a decision.

Consider your residency first. For inhabitants of Michigan, a residency requirement is mandated by state law. You must have spent at least ten days residing in the county where you are filing for divorce before you can do so. You must have spent at least six months living in Michigan. “Residency requirements” refers to a set minimum period. It is the minimal amount of time a person needs to live in a state before submitting a divorce there. The requirement of residency must be backed up by facts. If you are unable to prove that, your divorce case may be rejected or dismissed. The domicile requirement is a more challenging one to meet. You must persuade the judge that you want to stay in the state after the divorce.

Your “domicile” is what the courts refer to as the location you regard as your permanent home. The location you want to return to. This is your destination of choice. A place you return to whether traveling for leisure or on an extended business trip.

An uncontested divorce.

Both parties to a divorce can agree on every aspect of their separation. They can apply for divorce jointly in Michigan. The petition is also known as “consent judgment”. If unsure, consult the court clerk, you’ll need to submit a:

[ 1 ]�� Petition (Consent Judgment)

[ 2 ]�� Domestic violence screening form

[ 3 ]�� Confidential Case Inventory. (Required if you have any other pending or resolved family division cases)

[ 4 ]�� Proposed Consent Judgment/Order.

The above papers in the list are the fundamental paperwork. Documents needed to begin a Michigan uncontested divorce. You will need to submit more papers if you have children.

You don’t have to formally serve your spouse with the divorce papers. You and your spouse filed for an uncontested divorce together. Just make sure you both have copies of everything you submitted to the court. Your spouse is not required to respond to the petition.

A contested divorce.

One spouse submits to the court a Complaint for Divorce and a Summons. A contested divorce begins. You can now “serve”�� or deliver copies of the documents to your spouse to notify them of the divorce. Within 90 days of submitting the complaint, you must serve the papers in Michigan. The simplest method of serving divorce papers. Get your spouse to consent to receive them from you. Get your spouse to sign the Acknowledgement of Service. Find and have it signed on the second page of the Summons. The original signed document should be filed with the clerk’s office.

Your spouse refuses to accept service. Make arrangements to have someone else give your spouse the divorce papers.�� Get an adult or someone not in any way a party to the divorce case. The documents can be handed over. It can be sent by certified or registered mail with a return receipt requested or by registered mail. The server must complete and sign a Proof of Service document. It’s also on the second page of the Summons. Provide the court Evidence of Service that has been signed and notarized.

 

What is the timeline of a divorce case?

What timelines are crucial for divorce? The normal divorce timeline in Michigan looks like this. Children can be involved in divorce cases. The court will consider a six-month timeframe. The court wants you to think things through in your divorce. Some matters you need to take up could have significant effects on the children. Of course, this schedule may be changed by the court.

When divorcing without children, the court will be more concerned with different things. Within 60 days, your divorce lawsuit can be concluded. The court will nonetheless adhere to the timeframes. The court will do so even if you’ve already sold off some of your assets.

There are deadlines, such as summonses we already mentioned. Summons must be served within 90 days. Without a legitimate summons, a divorce case cannot be initiated. If the original summons expires, the court must issue a fresh one. These deadlines must be satisfied for various divorce-related actions to move forward.

The 60-day timeline in a divorce.

If there are no children in the divorce, Michigan law stipulates a 60-day waiting period. If the divorce is finalized sooner than sixty days, the divorce is invalid. Under Michigan legislation, the six-month waiting period may be waived. The sixty-day cannot. The six-month waiting period may be increased in exceptional circumstances. It can be waived when a pressing need arises that “shall appeal to the conscience of the court.” But, it will never be shortened to less than sixty days.

After the complaint is filed, the opposing party has a set length of time to respond. Following the filing and service of the complaint and summons, the defendant has 21 days. It can be 28 days if served by mail or outside the state. These are the timelines to submit a response of admission or denial of each claim in the complaint.

Nearly half of your waiting period should have passed by the time you were given to answer. Once the required response has been given, the matter becomes contested. An order of default may be issued if the defendant doesn’t respond. The situation then moves forward to an uncontested divorce. A defendant who has defaulted can decide to retain legal counsel. The defendant can request the court’s intervention at any time up to the case’s conclusion. Factor in the time spent on important procedures like discovery and agreements. Take into account temporary orders issued before the initial court appearance. The initial steps of the divorce process can take up the entire 60-day waiting period.

The 6-month timeline in a divorce.

A six-month waiting period is mandated if there are young children in the divorce. There is a lot of pressure and tall expectations on the Michigan court system. They have to render decisions in divorce cases within a year of the filing date. There is a “normal” waiting period once the complaint is filed. The lawsuit officially starts after six months for a divorce including children. Most child custody disputes go on for longer than six months. Sometimes they are finished in less time than a year. The six-month waiting period has exclusions.

A judge can waive the six-month waiting period in divorce cases. But the judge cannot waive the sixty-day one. There are instances of “unusual hardship��� or of the circumstance of ���such compelling necessity as shall appeal to the conscience of the court.” The court in these circumstances can extend the six-month waiting period. It is within their discretion but never to fewer than sixty days. The majority of judges can waive the six-month waiting time. There must be a good reason for waiving the six-month. And, the parties inform the court that the case is a collaborative divorce.

You and your spouse can use the collaborative law process. You both appear in court and ask the judge to adopt the agreement you created together. Your anonymity is protected. This can assist you in avoiding the expense and unpredictability of a divorce trial.

 

What is the judgment of divorce?

A divorce decree, which is also known as a divorce judgment, is an official judicial decision. It shows that a marriage has been officially and legally dissolved. A divorce ruling will be written for you by your divorce lawyer in Michigan. This proposed decree contains information unique to your circumstance. The final version of this document is delivered to the court following a trial or mediation. The court enters a judgment. It awards your divorce after you and the other party have reached an agreement on a settlement.

The court issues a definitive judgment. You know this to be the divorce decree. It is released after the divorce proceedings are complete. The following specific decisions are included in the divorce decree:

[ a ] �� Spousal support. You know this as alimony.

[ b ]�� Custody of children and parenting time (or visitation).

[ c ]�� Child support

[ d ] �� Property division��

The judgment of divorce covers the division of funds and savings, pensions and 401(k)s. It includes debt and tangible and intangible assets. It covers parenting time and child support. The JOD even defines the allowed tax breaks and refunds. Of course, it includes spousal support. For these requirements to become an “Order of the Court,” the judge must sign the JOD.

Your judgment of divorce contains the final verdict in your divorce case. The Plaintiff must complete it. The judge must sign it before your divorce is considered official. It must include a list of all the terms of your divorce. The division of assets, liabilities, and spousal support should all be included. The ruling must cover child support, parenting time, and custody issues. It is particularly important if the divorce involves small children. Don’t forget to send any addenda to the judgment.

You and your husband came to an understanding about every facet of your divorce. Your decision-making should be consistent with that agreement. You must follow the judge’s instructions in every aspect of your decision. Besides this one, there may be more matters that you and your spouse have already agreed upon. The court considered several issues in your case. You and your husband were unable to agree. Your ex-spouse may have defaulted. The terms of the judgment would be dependent on what you, the plaintiff, are asking the court to impose.

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Custody of a Child After Divorce – Michigan Law

Custody of a Child After Divorce – Michigan Law

When deciding who receives custody of the children, the courts consider 12 different factors. The best interests of the children are the court’s main concern. It examines the stability of custody of a child after divorce.

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The parents and the court have many options for custody arrangements. A week each for dad and mom may be decided by the judge. Another option is for one spouse to have custody of the children during the academic year. The other parent can be away on holiday. It is a type of sharing even though it may not always lead to equal time. Children are affected by these sharings as well. Children find it challenging. Start looking out for the child’s interests. Do it according to the right developmental stage for the child.

 

What are the 12 factors used by the court for custody determination?

In cases about minor children, judges take into account 12 factors. All pertain to the best interests of the child. The criteria can be applied in situations involving the child. It covers custody, parenting time, and guardianship of minors. When determining the “best interests of the child,” the judge considers 12 factors. The factors are listed below, along with examples of queries the judge might ask about each one. Although each element is significant, the judge need not give them equal weight. The court may determine that some aspects of your case are more significant than others. Each element must be taken into account and decided by the judge.

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

Children in many families adore both of their parents and have a close connection with each of them. There are times when you may need to provide evidence of undesirable behavior. One parent put their own needs before those of their children. A mental health issue. An act of domestic violence or other events has damaged the relationship.

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

This aspect emphasizes the role that parents play. Especially in facilitating the growth and development of their children. Show you were the parent who consistently attended the children’s parent-teacher conferences. Or, show your partner had objected to the child attending a favored place of worship. This component, along with factor (8) below, is the subject of many debates. Debates on the merits of public vs. private education.

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

This aspect gives the impression money is being fought over to provide for children. Michigan courts take into account how child support balances out any financial disparities. between the parties. You and your divorce attorney consider who took the children to the doctor. Whether one parent’s eating habits contribute to the children’s weight problems. Look into other health issues. Whether your spouse neglected the children’s practical necessities like school clothes. Who has historically met these demands? Which has the better ability and propensity to provide? Providing for the children’s material and medical needs.

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

Michigan family court will make every effort to limit the disruptions in a child’s life. and prefer a resolution that would ensure the child’s life has the most continuity. The parent granted custody in a divorce can receive ownership of the marital house. The judge will take into account the children’s history of living with each parent. This is in cases where the parents currently live apart. Courts favor keeping that history going. Unless it is unsuitable or dangerous in some other way. Provide proof of hazardous living circumstances. Show the use of illegal drugs inside the house especially if the kids can get to them. The introduction of dangerous outsiders into the children’s home setting.

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

This factor examines both the material features of each parent’s residence. Looking into their interactions with other members of the family. Custody disputes may center on the child’s relationship with step- or half-siblings. The introduction of new romantic partners, and the parents’ frequent relocation. You may have to move as a result of your separation. You and your lawyer should be ready to provide evidence of your other stability. Justify the reasons why the relocation was essential.

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

Factors (6) and (7) are frequently the focus of disagreement. It’s often a point of disagreement.�� Couples frequently attempt to cite their partner’s extramarital affair. Their partner’s drinking behavior can be a justification for not being granted custody. The Child Custody Act simply takes into account a person’s ability to be a parent. It makes no distinction between who may be the morally superior adult. Having a drinking history won’t be enough. Have a stronger case. Prove that the other parent consumes alcohol during parenting time. Choosing to spend time with a new partner over the children could influence your custody case. It does not immediately harm your spouse’s capacity to parent.

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

Be ready to submit medical evidence or an expert witness in this factor. Prove that one parent has mental health issues. or a physical handicap that impacts their capacity to parent. With the Americans with Disabilities Act, the Court must make a reasonable accommodation. for a person’s handicap. You cannot easily attest to any fact. You cannot attest that your husband is depressed and spends days in bed without getting up. Show evidence the other parent refuses to seek treatment. Treatment to deal with a mental or physical health issue. It is affecting their capacity to parent. Prove the other parent has a diagnosed physical and mental disease. It cannot be accommodated and interferes with their ability to parent.

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

The conditions of the child are the main considerations in this factor. Show evidence of how your divorce or separation has affected your child. Proof must include behavioral issues at home. Battles with siblings or friends, issues at school, or other factors. Progress reports or school report cards can be used as confirmation for this factor. A child’s progress or mental health may also be attested to by the child’s teachers or therapist.

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

A custody dispute may question children as young as age 6 to voice their preferences. Children are typically not called to testify in court. Each child will undergo a private interview with the family court judge. It can be by a Friend of the Court investigator to talk about their choices and the reasons behind them. The judge’s decision or the Friend of the Court’s advice merely notes the child’s desire was taken into consideration. You shouldn’t tell your child what to say in these interviews as a parent. Even if you agree with your child’s viewpoint, the investigator can think the child was coerced. It can work against you when determining what is in the child’s best interests.

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

There can be a higher level of tension in your custody case. This factor will play a part in your Michigan custody judgment. Parents are expected to uphold and foster the child’s relationship with the other parent. The exception is in domestic violence or child abuse cases. There are times in high-conflict divorce when one parent prevents a child’s access to the other parent. A parent can limit parenting time. Words like “parental alienation” are used to describe the worst situations. The science underlying “parental alienation” is debatable. There are instances one parent obstructs their children’s contact with the other parent. You and your attorney can provide the narrative and discuss how it connects to this factor.

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

Some of the most challenging and heartbreaking custody battles include children. Children being victims of domestic abuse. Parents can have a history of abusive physical, verbal, or emotional behavior. The courts take this abusive behavior extremely seriously. It can be challenging to tell the judge your tale as a victim of domestic abuse. The children’s knowledge, experiences, and observations, as well as your own, should be laid out. This will make it easier for your judge to create a custody and visitation plan. It can keep everyone safe. It helps in comprehending the effects of your abuser’s actions on you and your children.

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

This factor allows you the ability to bring up any issues particular to your situation. Although this category is vast, typical “other factors” include:

[ a ]�� Specific educational demands of a child or ongoing medical issues.

[ b ]�� The desire of siblings to remain together (including step-siblings or half-siblings).

[ c ]�� Arrangements for child care (including the amount of time spent in daycare).

[ d ]�� Putting the child under emotional stress or involving them in divorce proceedings.

[ e ]�� Financial pressure from the other parent on the parent attempting to gain custody.

The court will not take into account certain “additional criteria,” in particular:

[ a ]�� Race of a parent or inter-racial relationships.

[ b ]�� Parents’ sex or gender. (Favoring the mother based on gender stereotypes. or placing a child with a parent of the same gender for that reason).

[ c ]�� The child’s biological connection to a parent. (There has been an adoption. Alternative reproductive techniques were used to conceive a child.)

One parent can request to change an existing child custody arrangement. The Michigan best interests factors can also be taken into consideration. This comes after a parent finds there is a good reason to alter the current arrangement. or that a change in circumstances justifies reexamining custody. The judge evaluates best interest criteria again when thresholds are satisfied. The burden of evidence is also established. This time, the judge will focus on what has changed. What is posing a difficulty for the child?

 

What should you consider in deciding custody arrangement?

Nowadays, it is more typical to divide child custody equally than it was in past generations. That might not be the greatest choice for your family out of all the options. The division of your custody may change. This can change due to a variety of causes, including evolving circumstances. The child’s developmental stage should be taken into consideration when:

[a] The age range of your children at some point.

[b] The degree to which you collaborate with the other parent.

[c] Your reluctance to be adaptable preferring to maintain a regular schedule.

The greatest option should be any custody agreement that is made with the child, not the parent, in mind. When deciding on the custody arrangement, both parents must consider the following factors:

[ a ]�� Taking “breaks” from parenting. Communicating with each parent at least once every several days.

[ b ]�� Predictability and dependability.

[ c ]�� The child’s development is taken into consideration. Infants can receive shorter, more frequent parental attention bursts during nursing. This can be more helpful. The parents may arrange for the sharing of breast milk.

[ d ]�� When the child’s daily requirements were met before by both parents. It can be situations including nighttime parenting, either jointly or individually.

[ e ]�� Take into account a “graduated schedule.” Less time is spent parenting first, and subsequently the frequency and length of time increase. Every time a parenting milestone is attained, it is carried out. When a parent has not consistently taken good care of the child. Or, a parent feels uneasy taking good care of the child.

[ f ]�� As often as required, set aside time for parenting. particularly in cases where parents are geographically apart. As they are raising their children, parents might have to travel.

[ g ]�� The chance for the child’s parents to go with them to important events. Birthdays, spiritual holidays, and doctor’s appointments can all be considered significant occasions.

A parenting plan must include a custody arrangement. The decisions that were made with the children’s best interests in mind are usually the best ones. We can manage the complex world of custody arrangements because of that point of view. As we mentioned before, every family is unique.

 

What custody arrangement is best for your child?

Some custody arrangements can or cannot be suitable for some families and their children. The best choice for the parents may not always be the best one for their children. More frequent encounters with their parents may be more enjoyable for younger children. Older children could be more interested in staying put for several weeks at a time. In the early years, it could be best for the child to spend more time with one parent. As the child ages, they begin to spend more time with the other parent. One parent and their younger children may have a stronger affinity than the other.

State of Michigan rules on parenting time are in place. The situation in Macomb County and other Michigan counties is the same. The “best practices” described in these suggestions are generally relevant. The majority of parents see custody arrangements as a weekly plan. Even parenting time schedule templates are created every week. You can test out a few of these suggested schedules.

Custody schedules that use full weeks.

Weekly plans are beneficial for younger children. When parents don’t live close enough, weekly agreements are also a fantastic idea.�� This weekly schedule is referred to as “week on, week off,” alternating weeks. Children under this sort of custody arrangement spend a whole week with each parent. Before visiting the co-parent for a full week the following time, one week must pass. For instance, parents can specify the start and end dates of Sunday through Saturday. Use this to select when the children are given over to the other parent as well. With this custody agreement, many midweek moves are avoided.

The custodial parents have the children for two weeks at a time rather than moving them every other week. Some young children could find a two-week break to be too long. They do shorten the time that children spend relocating from one family to another. Some parents would only use this approach in the summer. Vacations are made easier by the two-week schedule.

Custody arrangements that make use of midweek transfers.

One parent will put in more hours throughout the first week. The other parent will put in more hours during the second week. The total number of custody days for each parent is equal by the conclusion of the two weeks. There are various ways to divide the weeks fairly. These numbers reflect how many days each parent will have.��

There are various ways to divide the weeks. These numbers reflect how many days each parent will have. A weekly schedule of 3-4-4-3 is one example. Parent One has 3 days with the kids, then Parent Two has 4 days. Parent One has four days, but Parent Two only has three. It follows the equation 3-4-4-3. Then the schedules are reset. Other weekly arrangements are 5-2-2-5 and 2-2-3.

Children may find a week without one parent to be too long. Under these conditions, breaking up the week is a great idea. During two weeks, these arrangements divide custody equally. This comprises regular working, weekend, and vacation schedules. This also holds for holidays and other notable occasions.

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Custody Narcissistic Parent – Michigan Law

Custody Narcissistic Parent

Narcissist. This is a label. Humans give behavior names. Having child custody with a narcissistic parent. The label doesn’t matter. The court is more concerned about improper conduct. Bad habits influence or have an impact on children. The behavior of the parents is not a big deal to the court, but there are exceptions.��

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Courts don’t tolerate behavior that has a serious influence on children. Bad behavior needs to be addressed and discussed with your lawyer. Such improper conduct should be reported to the court by the attorney. Courts weigh out custody-related issues. Bad parent behavior can be a main topic of conversation. The court ensures the children are in nurturing environments. It advances their welfare.

 

What is a narcissistic parent? What is a narcissistic personality disorder?

A narcissist is someone who is very self-centered. Narcissistic persons have charm and a high level of functionality. They struggle with emotions of entitlement and superiority. It makes them desire to be the center of attention. They exploit people, even family members to meet their desires. They demand undue acclaim.

Narcissists lack empathy. It is among the biggest problems people in relationships with them face. Narcissists struggle to comprehend how others could feel. They are unaware of their selfish actions when they take them. When they are at fault, they resist or refuse to accept responsibility. They can’t take responsibility for their actions. Their arrogance leads them to place blame on others.

A narcissistic parent is someone who competes with their children on a certain level. They live through them and/or are possessive of them. The narcissistic parent views a child’s independence including that of adult children as a threat. It forces the child to live in the shadow of the parent by placing unreasonably high demands on them. The child is rarely accepted for who she or he is in a narcissistic parental relationship.

NPD, sometimes known as a narcissistic personality disorder, affects people. Some of them are narcissists (in varied degrees). There’s a distinction in frequency, intensity, and length of time defining a spectrum. Narcissistic behaviors are exhibited in degrees. It separates narcissism from a narcissistic personality disorder. Narcissists occasionally engage in milder forms of NPD behavior. Those who suffer from NPG engage in more extreme forms, taking advantage of others for their own gain.��

People with NPD have an exaggerated feeling of their own significance. A strong desire for admiration. People with NPD exhibit little regard for other people’s feelings. They have a sense of superiority. But, this extremely confident veneer conceals a weak sense of self that is easily damaged.

There’s a tremendous irony in NPD. It is more common in men. It seemingly appears to be the epitome of ultimate self-confidence. The seeming self-assurance that NPD sufferers display is actually a fa��ade. It is covering up deep emotions of shame and low self-worth. Narcissists are fundamentally insecure people. They become angry at even the smallest imagined slight.

Those with NPD find it challenging to maintain healthy family relationships. Their haughtiness, grandiosity, and lack of empathy alienate loved ones, friends, and coworkers. People with narcissistic personality disorder purposefully take advantage of others for their own gain. They have a propensity for at least one of the following behaviors. It can be demeaning others, lying, attention-seeking, manipulating, and breaking rules.

It’s critical to distinguish between some parent-centric behaviors and persistent narcissistic parenting. Many parents have unusually high expectations for their children. They are sometimes strict like when a child is acting destructively. They want their children to live up to those standards and make them proud. These characteristics don’t all add up to pathological narcissism. A narcissistic parent stands out for having widespread propensities. They tend to deny their children a feeling of independent selfhood, even as adults. The child just exists to fulfill the parent’s nefarious demands and schemes.

 

How does narcissism or NPD affect children?

Children of narcissists may hold back on expressing their deepest needs and longings. It is out of fear of provoking anger or punishment. They frequently bury their thoughts and feelings. They believe by doing so they preserve emotional stability at home. They have learned their needs and desires are unimportant. Trivial when compared to their narcissistic parents. Children of narcissists usually have poor self-worth. They have to endure criticism and have taken a backseat to a selfish parent. Their unstated credo is “I’m not good enough.” Children of narcissistic parents twist themselves into knots. A result of appeasing narcissistic parents, which causes anxiety and sadness.��

Children of narcissists experience codependency. Their upbringing by a parent whose feelings and needs���especially emotional needs���always come first. They choose taking care of others over taking care of themselves. They struggle to establish appropriate boundaries as they grow up. Children feel responsible for their parents’ demands. They put a lot of effort into making others happy at the expense of their own needs.

Children of narcissistic parents lack positive self-images. They are valued more for their accomplishments than for who they are. A narcissistic parent uses up most of the energy in their space. They might feel invisible and have no awareness of their own needs. Deceived or manipulated by a narcissistic parent, a child believes in a false world. They may also struggle with self-doubt and never trust their own emotions.��

Every individual is unique. Children process the impacts of having a narcissistic parent differently. Adult children of narcissists frequently exhibit an uneasy attachment to their romantic partnerships. Some people isolate others through avoidant attachment. Others turn away from emotional contact altogether in response to narcissistic parenting. Some adult children of narcissists experience an intense desire for attention. These adult children form uneasy attachments. Adult children who are particularly perceptive can be excessively people-pleasing. They center their existence around the wants of others.����

Adult children with higher levels of aggression may imitate their narcissistic parents’ behavior. Without early help, children run the risk of becoming narcissistic themselves. They will be passing such qualities down to the following generation.

 

You have a narcissistic co-parent. What can you do?

Look at your children’s behavior patterns. Check how your co-parent’s narcissistic behaviors are affecting them. Ask to be in different rooms during hearings. Certain jurisdiction requires it of all parties involved in custody battles. Be certain beforehand that the mediator can identify the narcissist as such. Find out if a report will be provided by the mediator. Check to see if you can get a different mediator. End the procedure if the mediator appears to be being controlled. The mediator can be manipulated by the narcissist.

With a narcissist, you can never prevail in an argument. They cannot permit it. It will simply make you angry and frustrated. They will then use your exhibited emotions against you. They start saying you are emotionally unstable.

They’ll keep trying to influence the situation and cause delays while blaming you. They’ll try to make themselves look better. They will be exaggerating their actions. They can make you look like a controlling, unstable parent. A divided 50/50 custody arrangement may be a success for a narcissistic parent. It can be a crushing and agonizing defeat for you. It offers narcissistic co-parent continuous interaction with you and your children. They’ll also use the money to threaten and influence you.

Amidst this manipulation, machinations, and lies what can you do? What steps can you take as a co-parent against a narcissistic parent or one with NPD?

[ a ]�� Don’t let the narcissist’s narrative or interpretation of the facts prevail. Every deception, including those in emails and messages, should be met with the truth. Keep in mind that every text or email you send can be used against you in court.��

[ b ]�� Keep all your records. Records can mean calendars, transcripts, images, films, and medical appointments. They will aid in your memory of specifics.

[ c ]�� Maintain a journal detailing the events of the conflict. Write as though it were being read aloud in court. These records could be “found” by the opposing side.

[ d ]�� Just the facts should be used in texts and emails. Do not discuss anything other than the needs of the kids. Everything untrue should be denied. Without anger, deny. I do not accept or acknowledge your version of these events, just say that. Be careful to respond strategically rather than emotionally. Remember this when speaking with your narcissistic co-parent. Keep in mind that whatever you say may be recorded. Before responding to voicemails, emails, and texts, prepare your response. Avoid arguments and don’t fall for their traps when they try to rile you up.

[ e ]�� Avoid adding more hostility to written responses. Avoid making e-bombs or electronic bombs that can be used against you later. Maintain a direct line of communication with the narcissist. Always be cautious, respectful, and collected. Take extra care in paying attention to the needs of the children.

[ f ]�� Don’t leave unpleasant voicemails on the narcissist’s line. Narcissistic parents believe they are above the law. They are known for lying. Narcissists have no issue lying in court. They might make up a story about anything you said or dispute the existence of any communication at all. Consider just using text or email to connect with your ex so you can have a verbatim record of every exchange.

[ g ]�� Consider altering a weekend for a special occasion when it is ideal for the children.

[ h ]�� Make an effort to keep your children out of the conflict. Even if you are in the right, don’t have them in the middle of an arm-pulling exercise.

[ i ]�� Request that the court or an expert in the case hold the children’s passports. Add the children’s names to the State Department watch list.

The narcissist may take matters into their own hands if they fear losing in court. Pay close attention now more than ever. You might need to defend both yourself and your children right this very moment. Talk to your lawyer about the other legal means you can protect yourself.

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How Does a 50/50 Custody Schedule Work? – Michigan Law

How Does a 50/50 Custody Schedule Work? – Michigan Law

What does shared custody look like? Joint custody for parents. How does that work? For mom this week, one week. Dad will be off next week for one week. Do mom and dad each have four days off this week? Next week, switch it around. How does a 50/50 custody schedule work?

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The optimal timetable for parents and their children is up to the discretion of the parents. There is a parenting time schedule recommended by the courts. There is no upper limit specified. The arrangements need to consider the child’s developmental stage. A baby’s needs and a teenager’s needs are two completely different things. If it is possible, the court would prefer to stay out of these arrangements. The preferred timetable is one that both the parents and the child can appreciate.

Every family is unique in its elements and circumstance. Every divorce case and every custody case develops and concludes in its way. In deciding on how to approach custody and parenting time, this uniqueness will come to bear. Some schedules may or may not work for some families or their children. The best decision for the parents might not necessarily be the best decision for the children. Younger children might enjoy more regular interactions with their parents. Older children might be more interested in stability for weeks at a time without moving. It may be best for the child to spend more time with one parent while still young. The child will get older and starts spending more time with the other parent. Smaller children may bond with one parent more deeply than the other.

 

What do we need to consider when planning custody schedules or parenting time?

Equal custody distribution is more common today than it was in previous generations. It may not be the best possible solution available for your family. Some factors, including changing circumstances, may alter how your custody is divided. Here are some things to take into account in the child���s age of development:

[ a ]�� The ages of your children at some point.

[ b ]�� The extent of your cooperation with the other parent.

[ c ]�� Your reluctance to be flexible in favor of upholding a regular schedule.

Any custody arrangement created with the child, not the parent, in mind should be the best option. Both parents must take certain factors into account when deciding on the custody arrangement:

[a] Taking parent “breaks” while keeping in touch with each parent at least once every few days.

[b] Reliability and predictability.

[c] The development of the child is taken into account. Infants on a nursing schedule with shorter, more frequent blocks of parental attention. This may be more beneficial. Breast milk sharing may be arranged by the parents.

[ d ]�� When both parents previously took care of the child’s daily needs. Circumstances like parenting time at night, either jointly or individually.

[ e ]�� Consider a “graduated schedule.” It starts with less parenting time and then increases in frequency and duration.�� It is done every time a parenting milestone is reached. When a parent has not consistently cared for the child or is uncomfortable caring for the child.

[ f ]�� Parenting time should be scheduled as frequently as necessary. Especially when parents live far apart. Parents may have to travel during their parenting time.

[ g ]�� The chance for both parents to go to significant events with the child. Significant events can mean birthdays, religious holidays, and doctor’s appointments.

A custody arrangement is a requirement of a parenting plan. The best selections were those that were made with the children’s best interests in mind. Because of that viewpoint, we can negotiate the intricate world of custody arrangements. As we mentioned, every family is different. Determining custody schedules can be challenging.

 

Is there an ideal parenting time or custody schedule we can follow?

People discuss a typical holiday custody schedule as significant to parents. When they do, they are usually referring to the typical holiday schedule of the Friend of the Court. Parenting time regulations are determined by the State of Michigan. It is the same in the case of Macomb County and other counties in Michigan. The “best practices” outlined in these recommendations are applicable in most circumstances. Most parents see a weekly plan when talking about custody schedules and parenting time. Even templates of parenting time schedules are designed weekly. You can try some of these recommended schedules.

Schedules for custody utilizing whole weeks.

Weekly schedules are good for younger children. Weekly arrangements are also good when parents don’t live close enough.�� Alternating Weeks: Often referred to as “week on, week off.” This type of custody agreement sees children spend a full week for each parent. One week before going to the other for a full week the following time. Parents can decide, for instance, what day Sunday through Saturday begins and ends. Use this to decide as well as what time the children are transferred to the other parent. Many midweek moves are prevented by this custody arrangement.

Instead of moving every other week, children stay with the custodial parents for two weeks at a time. A two-week interval may be too long for some young children. They do reduce the amount of time that kids spend moving from one home to another. Some parents would only adhere to this strategy during the summer. The two-week arrangement facilitates vacations.

Custody schedules that use midweek transfers.

The first week will see one parent working more days. The second week will see the other parent working more days. By the end of the two weeks, the overall number of custody days for each parent is equal. There are several methods for equitably dividing the weeks. These figures represent the number of days that each parent will have. Parent One has 3 days, followed by Parent Two has 4 days with children. Parent One has 4 days, and Parent Two gets 3 days. It is according to the formula 3-4-4-3. The timetables are then reset.

[3-4-4-3]. Under this schedule, parents always have the same three days of the week in a row, while the fourth day rotates. While the other parent might only have Friday through Sunday off, one parent might have Monday through Wednesday off. Thursday occasionally flips sides. Unless you want to make a Saturday or Sunday the day that switches, weekends are not switched in this scheme.

[5-2-2-5]. Alternate the entire weekend with the children. Try the 5-2-2-5 plan. Each parent has custody of their child on the same two days of the week. Either getting Monday and Tuesday schedules or getting Wednesday and Thursday. Every parent takes turns spending the weekend.

[2-2-3]. You want your children to move between parents as often as possible without doing it every other day. Try the 2-2-3 custody arrangement. When Parent One has the children in his or her care for two days of the week, Parent Two takes over for the remaining two. The following three days are spent with Parent One and the children. Next week’s schedules are reversed. It offers Parent One two days, Parent Two three days, and Parent Two two days.

A week without one parent can be too lengthy for children. Breaking up the week under these circumstances is an excellent idea. These arrangements share custody equally over two weeks. This includes typical workday and weekend schedules and vacations. This also applies to school breaks and other special occasions.

 

How do we manage our holidays?

How should parenting time be handled while on vacation? Is there a perfect Christmas custody arrangement? Ask your local Friend of the Court or FOC. you will probably get parenting time depending on recognized holidays in your state. What happens if the parents celebrate religious holidays? What if they do so according to different religions? This could be challenging.

If the court must make a choice, it will try to split custody arrangements as equally as possible. The court’s consideration of the religious society will depend on some factors. What age is the child? Whether the child was raised in a religious setting? Is it in the child’s best interests to preserve religious tradition?

What is a typical visitation timetable for the holidays?

They are probably referring to the typical holiday schedule that the FOC follows.

In the FOC schedule, holidays are commonly regarded as “one-day” holidays. Alternating three-day vacations on Memorial Day, July 4, and Labor Day is another tactic. Mother’s Day and Father’s Day vacations might be prolonged. Religious holidays can be included in the program if they are important to a household.

Vacations are a different story. When children are small, two-week vacations are frequently “non-consecutive”. Children can endure being separated from one parent for two weeks at a period as they get older. By April or May, parents are usually anticipated to exchange suggested vacation itineraries.��

The court decides whether the child stays with one parent during even-numbered years. Then, stay with the other parent during odd-numbered years. This is if the schedules are incompatible. The majority of the time, holiday and vacation time takes precedence. It is prioritized over “normal parenting time” and trumps it. Long trips can be divided up or rotated as a whole, allowing one parent to transport the children to, say, Florida. Parenting time during the holidays is extremely flexible.

Four of the eight annual vacations can be used by both spouses to spend time with their children. The vacation locations can switch each year. A child can spend Memorial Day, Labor Day, Christmas Eve, and Easter Sunday with their father. Then spend the Fourth of July, Halloween, Thanksgiving Day, and Christmas Day with their mother. The following year, they’ll setup differently. Parents may also switch off during the winter and summer holidays. The 16th Judicial Circuit Court General Parenting Time Schedule is a notable illustration.

There are many times throughout the year when your children are planning to be with your ex. You would prefer to be with them. Negotiations are essential during the divorce process. Your attorney can assist you in coming up with and providing a reasonable parenting time arrangement or plan. The most important thing to understand is that once the plan is made, it must be implemented. Consistency is essential for your children’s welfare and from a legal standpoint. They will rely on this plan just as much as you do. Knowing where they’ll be and who they’ll be with each week will help them manage their daily lives.

Whatever you do has an impact on your children. Above all, you must be sure to spend as much time as you can with your children. Keep things fair and prevent disagreements. Many ex-spouses in the state of Michigan follow a standard parenting time schedule. There can be flexibility in how the time spent with your children is divided.

Even if you may have the ideal timetable and organization in mind, sticking to the suggestions may be necessary to get things off to a good start. Stick first to what is considered standard. Taxpayer money, time, and effort were all invested in it. It might be better to just give it a shot before trying anything creative first.

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Marrying Someone Who’s Still Married – Michigan Law

Marrying Someone Who’s Still Married – Michigan Law

You’re either getting hitched or attempting to do so. You learn that you are still legally married to a former spouse. You were young. You got married to someone. Years passed after your divorce. Your recollection of your marriage started to wane. You’ve started dating again. You got hitched and now you’re thinking of divorce (again). You have a hazy memory of an earlier union. How are you divorcing someone when you are still legally married to someone else?

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You should speak with a lawyer. Find out what is necessary for you to be able to get married. A prior marriage may render your current union invalid. Learn the status of your prior union. Consult your lawyer about your choices for handling the prior union. Will there be a necessity for separation? States may have varying regulations. To start a new union, you must dissolve the one you already have.��������������

 

How do you verify if you have a marriage or divorce record?

For your purposes, you need current vital records. You should be aware that access to vital records is regulated in Michigan. This is because of the private information they hold. Marriage and divorce records are with the Michigan Department of Health and Human Services or MDHHS. One hundred years after being released, they are regarded as public.��

You can send the information needing verification to the Vital Records office. You can send a verification without having to meet any eligibility requirements. All you need is confirmation that a certain record exists. You can request a certified copy of a certificate. You must prove clear and legitimate interests in the record. You must have a relationship with the person or people named on it. Or, you are acting as their legal representative.

One of the three key documents that come out of a divorce case is the divorce decree. A divorce certificate and divorce case record are the other documents. Parties can save time and money if they are aware of these documents and the functions they fulfill.

A divorce certificate is a legal record that attests to the termination of a marriage. The document lists the names of all parties. It indicates the location of the marriage dissolution. It also contains the date the divorce was officially finalized. The divorce certificate contains the least information. This is in comparison to a divorce agreement or decree. Only the parties who were divorced and their attorneys can get a divorce certificate. State laws vary and some like Michigan let others get this record. This is the document you’re looking for to confirm if your divorce was finalized.

A divorce decree reflects the court’s ultimate decision in the divorce case. The court issues and the judge signs the divorce decree after the divorce process. A divorce decree lists all the terms of the divorce. It includes child custody, the distribution of assets, and the amount of support. This can be requested from a custodian’s office. You can request this to change the terms of your divorce.

Michigan divorce records or dissolution of marriage documents provide all divorce information. The decree and certificate from the divorce are included in the divorce records. A divorce record can be used as a case file. All parties to the divorce maintain this file. They might be asked to make changes after the case is resolved. In Michigan, divorce records can be obtained by filling out and submitting a request form. Submit the request form together with the required fee.

Records are available since 1867. Any individual may request a search. Court documents include information about divorces and marriage dissolutions. As a result, they are searchable on independent public record websites. Divorce documents may contain private information about children and assets. even delicate criminal details like domestic violence. The intimate nature of divorces makes the availability of divorce records low. Lower than that of other forms of public records. Divorce records are much more difficult to locate and search for.

Divorce proceedings filed in Michigan before 1897 are open to the public. Divorce documents are typically sealed from the public. Records created after 1897 can still be obtained. It can access through the state vital records office in person or by mail. Michigan lacks a central site. There’s no repository where people may look up or access important information. Information like marriage and divorce records online. The MDHHS or the court that authorized the divorce are the only options left for you. You must visit or get in touch with them to access marriage and divorce records.

For mail-in orders, the normal document processing period is 4-5 weeks. The expedited processing time is 2-3 weeks. This excludes mail time or payment processing through the MDHHS accounting department.

 

What is the effect of an existing marriage on a new marriage? To a divorce?

You are not permitted to get married in Michigan until your divorce is finalized. It would be illegal to have a second marriage. Polygamy is a crime in Michigan. It is committed if a person intentionally tries to remarry while still married. Remarriage is not restricted in Michigan after your divorce is finalized. The court can sign your final divorce decree and then conduct a civil ceremony to marry you. Marry you to your new spouse right away.

If you are still married or have not finalized your divorce, any marriage will be void. Michigan courts will not see marriage as a bond of the relationship. What they will see is a case of bigamy or cohabitation. Whatever claims you believe you are entitled to as spouses cannot be granted. You can talk about child custody and support but not alimony or property division. This can be quite difficult for women who grew up in very closed-off religious societies. Or families that discourage working mothers. Few of these women have skills that can be used to sustain themselves and their kids. In the event of a divorce.

There are potential outcomes resulting in the offender being punished. This is when the second spouse becomes a romantic partner. Sanctions can be in the form of fines, time in jail, or a mix of both. The second spouse’s knowledge is still another important component. Even if just one of the partners commits bigamy, the state may nonetheless find both of the partners guilty. This is if the romantic partner is aware that they have another valid marriage. When awareness is present, the rights of the second spouse are nonexistent. The longer a couple is married unlawfully, the more likely it is that they will face penalties. Penalties can include incarceration or fines.

 

Your marriage is still valid. What can you do?

End the marriage. Talk to an attorney and describe what you have. This is important if you have already verified that you are indeed still married. Remember whatever marriage you have now will be void in the eyes of the law. The marriage you have now is not legal.

If you have started the process already but forgot where you were, consult your lawyer if you can proceed where you left off. You may not have filed a divorce case after all. This is probably why you can���t remember being divorced. File the complaint as soon as possible and serve the appropriate summons. It does not matter who files the divorce complaint first anyway. Talk to your attorney if you anticipate the process will be contentious so your lawyer can prepare the best approach to a speedy divorce.��

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