What You Need to Know About Post Divorce Modifications – Michigan Law

You got divorced. A parental time order is in place. Back in the day, the parenting time schedule made sense. It no longer makes sense. The youngsters are older. Co-parent has relocated. Your lives are undergoing important changes for you. You got divorced. A parental time order is in place. Back in the day, the parenting time schedule made sense. It no longer makes sense. The youngsters are older. Co-parent has relocated. Your lives are undergoing important changes for you. What you need to know about post-divorce modifications.

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Your circumstance must be disclosed to your divorce attorney. Talk about the changes you are currently going through. You must identify the nature of these changes. You must persuade the court to reconsider the initial order. You must make clear what is important enough for the court to take into account. Simply because you want changes, the court won’t alter the current divorce orders.

 

What is a judgment of divorce (JOD)?

A divorce decree, often known as a divorce judgment, is a legally binding document. It is proof that a couple has divorced formally and legally. A divorce decree is created for you by your Michigan divorce lawyer. This draft decree contains information unique to your circumstance. This important document is delivered to the judge after a discussion or mediation. In some cases following a trial. Your divorce will officially be granted by the court upon entry of the verdict. once the settlement has been approved by all parties.

The judge will issue a final order, also known as a divorce decree, at the conclusion of the divorce process. The final order primarily addresses the following issues:

[ a ]�� Visitation and custody of children

[ b ]�� Child support

[ c ]�� Property division

[ d ]�� Spousal support (also called alimony)

The court will make the ultimate ruling following a trial. The court can decide under a settlement agreement reached by the spouses. If the divorce involved a trial, the final order will reflect the judge’s rulings based on the arguments made by the attorneys. If the divorce was amicably resolved, the terms agreed upon by the spouses would be included in the final order.

 

What are the common issues happening after the divorce decree is signed?

After a divorce is finalized and the divorced parties move on with their lives, things will inevitably change. The initial divorce decree might need to be modified because some of these changes are significant. However, there are situations when one of the parties starts acting uncooperatively and declines to uphold the agreement. Problems with modification and enforcement after a divorce arises.

Your ex-spouse disregards the terms of your divorce judgment. Your ex-spouse has not complied with the property division order (JOD).

You paid a debt that was assigned to your ex-spouse in the JOD.

The JOD ordered your ex-spouse to give you back or transfer particular property, but they have not done so.

The paperwork for the property needed to transfer ownership of a property you won in your JOD is unsigned.

Your ex-spouse relocated the kids out of state.

You got into a car accident. You can’t go to work.

There can be no issues at all. Your circumstances have simply changed. This is a natural thing to happen when you are moving on after a divorce. These changes often include money, though they could also involve other things. It may be necessary to change a support or custody arrangement if:

[ 1 ]�� Your income significantly changes;��

[ 2 ]�� You become temporarily or permanently unable to work;��

[ 3 ]�� Your health or medical needs significantly change;��

[ 4 ]�� You remarry or have a second child;��

[ 5 ]�� Your child’s personal, educational, or medical needs change;��

[ 6 ]�� You are no longer able to fulfill your parental responsibilities, or��

[ 7 ]�� You want to move (change of domicile) with your child.

Clients may learn that a revision to support or custody orders are necessary to protect the parties and children’s best interests months or years after a family law case has concluded. Post-judgment modification is what this is. Agreements that once served you and your ex-spouse or partner well may no longer be valid when your life changes. Nobody anticipates such a deal will stand the test of time.

 

How can my lawyer help with post-judgment modifications?

The parties may appeal the judge’s decision if it was the final order following a divorce trial. An appeal may be prepared by your attorney. In an appeal, the Michigan Court of Appeals is asked to examine the decision. An appeals court can review the final decision of any legal matter in a divorce. It can include property division.

Only the trial judge’s legal decisions will be subject to review by the Michigan Court of Appeals. It won’t examine empirical findings. A trial judge’s ruling may be reviewed by an appellate court. A ruling to permit an expert to provide testimony. Testimony about the value of a family business during the divorce. You can believe the judge’s assessment of the company was unfair. The appellate court will not question the assessment.

Immediately following the issuance of the final order, an appeal must be filed. You cannot pursue an appeal if the necessity for modifications to your divorce conditions arises after. Discuss with your divorce lawyer what part of the judgment of divorce can be appealed. You cannot challenge a decision made after you and your ex-spouse reached a settlement.

You may ask the court to change the divorce decree at any time following the issuance of the final decision. Almost any justification for revision may be offered in a motion to amend the final order. You sustained an injury at work that permanently reduced your income. You can ask for a change in the amount of your child support and spousal support.��

You need your attorney to deal with an opposing answer to the appeal. In response to your move, your ex-spouse might object to the change or even suggest more changes. This can lead to a drawn-out and expensive process.

It is important, to be honest, and candid with your attorney. Tell your attorney your changing circumstance. Your attorney gets ahead of the facts if you have clarity with the outcomes you want. Be upfront with your attorney about your changing circumstances.

Show the court the circumstances of the family have changed. Your lawyer can frame this appropriately. Make your position eligible for modification of an order or your divorce judgment.��

The court decides it is appropriate to modify a support order. You and your ex-spouse or the court must look into the number again and recalculate. Recalibrate the necessary support amounts in light of your new situation. Like always the best interests of the children take precedence above all considerations. Especially when changing a parenting time or custody agreement.

As for the issues mentioned above. Your lawyer can help you with those too.

[ 1 ]�� You can submit a motion. Enforce the property requirements of your JOD if your ex-spouse doesn’t follow them.

[ 2 ]�� You paid a debt assigned to your ex-spouse in the JOD because your ex-spouse failed to pay it. You can submit a motion to the court requesting that your ex-spouse pay you back.

[ 3 ]�� Your ex-spouse was ordered to return or provide you with the specific property under the JOD and has not done so. You can file a motion. Ask the court to enforce the conditions of the JOD.�� Your JOD’s property provisions may be enforced by the judge in the following ways:

[a] Designating a receiver to take possession of the property in person, keep it safe, or deliver it.

[b] Giving you interest on past-due amounts.

[c] The court finds your ex-spouse in contempt of court and imposes a fine or jail sentence.

[ 4 ]�� The legal documents to transfer title to the property awarded in your JOD. They were not signed by your ex-spouse. You can submit a motion requesting the court to uphold the title transfer.

File a motion through your divorce attorney if your ex-spouse doesn’t follow the terms of the JOD. Ask the judge to enforce certain property, debt, or other stipulations from the JOD.�� You can do it by filling out forms. You can do it by having a lawyer navigate the complexities of the court system on your behalf.

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How to Collect on Judgment of Divorce – Michigan Law

Divorce proceedings are over. You currently have your divorce judgment. Divorce judgments are like all other judgments. The ruling identifies who owes whom what. The legal rights to such things now belong to that person. How does that individual get those items? How does one collect on the judgment of divorce?

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Someone is expected to provide someone with a payment. How do you ensure that it happens? Some milestones will be defined by the divorce ruling. The court will use alternative remedies if such milestones are not reached. The remedies of a creditor will be used by the court. This may involve seizing assets to pay the creditor. These reparation options are available for any judgment.

 

What to expect in a judgment of divorce?

A divorce decree also referred to as a divorce judgment, is a binding court ruling. It serves as evidence that a couple has formally and legally divorced. Your divorce attorney in Michigan will draft a divorce judgment for you. This draft decree includes details specific to your situation. After a discussion or mediation, the court receives the final form of this document. Once the settlement has been agreed upon by both parties, the court will enter the judgment and grant your divorce.

At the end of the divorce process, the court will issue a final order, often known as a divorce decree. Expect the divorce decree to contain detailed rulings on the following:

[ a ] Spousal support more commonly known as alimony.

[ b ] Custody of children and parenting time

[ c ] Child support

[ d ] Property division

The judgment of divorce includes the distribution of money and savings, pensions and 401(k)s, debt, personal and real estate assets, parenting time and child support, tax exemptions and refunds, and spousal support. The court must sign the JOD in order for these conditions to become an “Order of the Court.”

The ultimate decision in your divorce case is contained in your judgment of divorce. Before your divorce is final, the Plaintiff must finish it and the judge must sign it. It must outline all the conditions of your divorce. It should include the division of assets and debts and spousal support. Child custody, parenting time, and child support must all be addressed in the judgment. Especially if there are young children involved in the divorce. Don’t forget to submit any judgment addenda.

You and your spouse reached an accord on every aspect of your divorce. That agreement should be reflected in your judgment. Everything the judge ordered must be included in your ruling. Whatever criteria that you and your spouse have already agreed upon are in addition to this one. Several topics in your case were tried in court. You were unable to come to an arrangement with your husband. The provisions of the judgment would be based on what you, the plaintiff, are requesting the court to order if your ex-spouse had defaulted.

 

How do you violate a judgment of divorce?

Each divorce case is unique. Every divorcing couple receives a settlement, agreement, or judicial order. It is tailored to their particular circumstances. The way the court split the property in a specific case will be unique to the parties. Especially when it comes to property division. A home, two cars, and retirement accounts may be owned by many different married couples. The way in which those assets are recognized and divided depends on the parties. There are many ways in which one or both parties may run the risk of disobeying a judicial order or settlement.

A party can violate the conditions of the divorce judgment. They can do it in a virtually infinite number of ways. They may consist of:

[ a ] Unpaid child support or marital maintenance.

[ b ] Failing to transfer a 401(k) or an IRA.

[ c ] Failing to give back personal property.

[ d ] Taking an unallowable tax break or holding onto an unallowable refund of taxes.

[ e ] Failure to refinance real estate or vehicles.

[ f ] Absence of real estate or real property quit claim deed.

[ g ] You settled an obligation that your ex-spouse was supposed to pay as ordered in the JOD.

[ h ] Your ex-spouse was required by the JOD to return to you or move a specific piece of property but has not.

[ i ] Documents required to transfer ownership of a property you earned in your JOD are still unsigned.

[ j ] Your ex-spouse moved your children out of state.

[ k ] Failing to fulfill other property settlement obligations that both parties agreed upon as part of the divorce settlement, such as educational expenses.

This is merely a partial list of the many ways that a party may disobey a divorce decree. Many issues can be settled amicably during the divorce process. Some can spark spirited debate. You may have struck a settlement agreement during the divorce. It can still need some help to be carried out later if your ex-spouse gives you problems collecting on the JOD.

 

How do you collect in a judgment of divorce?

Both parties are aware the divorce process will soon be over. The Michigan divorce process has the potential to be confrontational. It leaves both parties feeling angry and disappointed. Even after a divorce is finalized, the stress associated with it could still persist. One of the parties to a divorce case or settlement can choose not to follow the court’s orders. What steps can you take to collect on the judgment of divorce?

The parties can challenge any of its provisions. Get the court to uphold the terms of a settlement, agreement, or court order. Talk to your attorney about how to get the court to help you collect.

There are options available to you if your ex-spouse disobeys judicial orders. Your former spouse can be made to appear in court by a skilled family law attorney. A motion to show cause must be taken seriously. It signifies your ex-spouse is required to appear in court. Show a valid cause for why they are disobeying the court’s orders.

Maybe your ex-spouse does have a valid reason. A justification for not carrying out the terms of the divorce judgment. They may have lost their employment or are experiencing a genuine financial emergency. In such circumstances, the judge might grant the offending spouse some latitude. The court will view a party violating the divorce judgment very unfavorably.

The offending party may be required by the judge to right their wrongdoing right away. The offending partner can be ordered by the court to pay your legal expenses. This is a result of the judge hearing your show cause motion. In severe instances of non-compliance, the court may even jail the offending spouse!

Most people believe that everything is resolved once a Michigan divorce judgment is entered. In most cases, they are accurate. With regard to custody, parenting time, and support, there is a small exception to this norm. Circumstances may cause it to shift. You may ask a court for relief under specific, limited circumstances.

Applications for relief are challenging. The remedy is difficult to get. Fraud or a lack of notice is the most frequent grounds for appealing a divorce judgment. Absent any of these grounds should make it less difficult to collect on the judgment of divorce.

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Can I Change Guardianship to Me if I Visit a Ward at the Hospital Every Day – Michigan Law

Can I change guardianship to me if I visit a ward at the hospital every day? When a court selects a guardian, it considers all the ward’s needs. A visit to the ward is appreciated. A family needs it.

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The guardian’s responsibility is to handle more important matters. It oversees tasks including choosing the best facility. Ensuring that bills are paid. The guardian makes sure that the appropriate prescriptions are given. The social component of guardianship is not given much consideration by the court. An agency may occasionally be appointed by the court. These agencies often are not even acquainted with the ward. A guardian who can ensure that the ward’s needs are addressed is more likely to be chosen by the court.

There are occasions when a person needs help from a third party. They are unable to take care of themselves or their affairs. When this kind of help is needed, a guardian or conservator is chosen to manage the person’s affairs. This is done in Michigan through the probate court system.

The probate court system closely monitors the guardianship and conservatorship process. The courts make sure a person’s best interests are served. The Michigan probate courts take guardianships and conservatorships seriously. Guardianship and conservatorship effectively revoke a person’s rights and liberties. Probate courts protect the ward’s interest. They demand an annual review of guardians and conservators.

The people who need guardianship or conservatorship are the elderly and minors. Those with mental disorders or illnesses. and those who have become incapacitated. Conservatorships and guardianships are similar to one another. There are also some significant variations between guardianship and conservatorship. Guardianship and conservatorship may both be granted to the same person.

 

What is guardianship?

A person’s legal decision-making authority can be delegated to a third party. This is done when they are unable to make those decisions for themselves. When the probate court does this, that third party has been designated as their guardian. A probate court can issue guardianships. Guardians are reviewed every year by a probate court. The probate court ensures guardians are acting in the best interests of the person they have guardianship status over.

Guardianships are frequently established for elderly people and young people. These are people who have lost their parents or previous guardians. It is also helpful for people who are mentally challenged. Those that have a mental disease that limits their ability to make their own decisions. People who are unable of making decisions on their own frequently need guardianships. Guardianship can give guardians complete control over decision-making. It gives them some control in the case of restricted guardianship. In Michigan, a person under guardianship is considered a legally incapacitated person.

Talking about guardianship often brings you to the subject of conservatorship. In Michigan, a conservatorship is substantially similar to a guardianship. Conservatorship deals with a person’s assets and money. Conservatorship is appropriate for the elderly or disabled people. People who are unable to properly manage their financial affairs.

The same person can oversee both guardianship and conservatorship. There are instances where a person possesses a sizable estate and/or a significant sum of money. In such cases, it is typical for an attorney to be granted the duty of conservatorship. A “legally protected individual” is a term used to describe a subject of a conservatorship in Michigan.

The guardian and conservator roles can be shared by two individuals. It can be assumed by one person. A guardianship may be necessary for some circumstances but a conservatorship may not, and vice versa.

A guardian can be someone who is capable. The applicant must be over 18, qualified, and ready to serve. According to the law, the following people are given priority for appointment as guardians: the guardian appointed in another state for this person, a person nominated by that person, a person named in that person’s durable power of attorney, and a person named in that person’s Designation of Patient Advocate. If the judge determines that the proposed guardian is unfit, the guardian nomination may be rejected. Only if no one from the aforementioned list of people is suitable is a professional guardian appointed by the court.

The guardian can receive payment for their services from the incapacitated person’s assets. The amount of payment depends on the time commitment and the services provided. It also depends on the amount of money on hand and the requirements of the person being cared for. The court can only allow for appropriate and reasonable compensation.

 

Can I transfer the guardianship of someone to me?

Guardianship is not as simple as doing regular visits. It is not as simple as being present with the person you are taking care of. It is more than just being there to care for, feed, or entertain the person. Most of the time adults under guardianship need specialized medical care. It needs specialized knowledge in finance and management to sustain the care. The court does not grant guardianship just to anyone. You can transfer guardianship. You have to go through the same process of the probate court as everyone else.

Filing the petition for guardianship.

To make a request to the court, a petition must be submitted as a legal document. The petition must be filed with the probate court in the county where the person lives or is located. The petition may be filed by the incapacitated individual subject to guardianship. It can be filed by a third party who is worried about an incapacitated person’s welfare. The petition explains in detail why a guardian is necessary. The probate court assigns a guardian following a hearing. The hearing is set to review the petition at the request of a concerned party called a petitioner.

Setting the hearing date.

A hearing date is set by the probate court clerk so the judge can examine the petition. The petitioner gives copies of the petition to certain people before the hearing. This must be done according to Michigan Court Guidelines.

The court appoints a guardian ad litem. The guardian ad litem defends the incapacitated person unless the person has their own attorney. The court orders a medical or mental health expert to evaluate the incapacitated person. Evaluation is completed before the hearing date. A report about their condition is submitted to the court.

Sending notifications to interested parties.

The petitioner ensures the incapacitated person receives a copy of the petition and notification of the hearing. It must be done in person. A few people will also receive copies of the petition and notice. They will be given copies of the hearing through the mail from the petitioner. These people are called “interested persons”.

These interested people are:

[ 1 ] The person’s spouse;

[ 2 ] The person designated as the person’s agent in a durable power of attorney;

[ 3 ] The person’s children (or, in the absence of children, the person’s parents); and

[ 4 ] If there is a guardian or conservator appointed by a court in another state, the person’s guardian or conservator.

A guardian can be appointed. The incapacitated person and the interested people can oppose the appointment.

Verifying facts in the petition.

The court appoints someone to look into the petition’s facts before the hearing date. The guardian ad litem, a medical or mental health practitioner, or both, may serve in this capacity. This person will provide the court with a thorough report that includes recommendations for the subject.

Deciding guardianship.

The judge will decide if guardianship is required at the petition hearing. The court appoints a guardian to ensure the person’s ongoing care and supervision. The judge must determine by clear and compelling evidence two things:

[ 1 ] the person lacks the knowledge or competence to make or communicate informed decisions; and

[ 2 ] the appointment of a guardian is required.

If a guardian is required for the incapacitated person, the judge will choose (appoint) a qualified guardian. The guardian can take on the responsibility.

A limited guardian may be appointed by the judge. This guardian handles only those responsibilities that the person who needs a guardian cannot handle alone. This is if the incapacitated person has some capacity to do so.

The incapacitated person can refuse to accept guardianship. The court can appoint a lawyer to act as a representative, and a contested hearing is scheduled. If the person cannot afford an attorney, the court must pay for the lawyer.

The guardian signs a document called an “Acceptance of Appointment.” The acceptance and signing start the effectivity of the duties or power of the guardian.

 

What are alternatives to guardianship?

The majority of disabled people are capable of managing their lives without a guardian. The court grants a guardian authority. It also deprives the individual of those same rights. The use of guardianship should only be made when absolutely necessary. It is a strong tool that severely restricts the person’s rights. It’s important to think about your options besides guardianship.

Ask family and friends.

Most people consult their friends or family before making significant decisions. Disability does not make a difference to people. A person can get direction and help from family and friends without the need for a guardian.

Ask for volunteers or advocates.

Advocacy groups are crucial in helping people with impairments manage their affairs. Volunteers or professionals who are matched with people with impairments are called advocates. Advocates may be available through organizations like your neighborhood ARC. There is also your local Community Mental Health (CMH). They can assist you with duties like paying bills and making purchases. They can help select service providers. Many individuals might be able to escape guardianship with the right support.

Appoint a patient advocate.

There’s a unique kind of power of attorney that gives another person the authority to make medical decisions. It designates a patient advocate. It is a legal device used in the event that a person is unable to make decisions for themselves. A patient advocate designation contains instructions on medical care. You can change or revoke the designation at any moment. Only those who are aware of what they are signing can sign a designation as a patient advocate.

Use a durable power of attorney.

A power of attorney is a legal document. It grants another person (the agent) the authority to make decisions on behalf of the incapacitated person (principal). In contrast to guardianship, no court is involved. It is only possible to use a power of attorney if the principal is aware of what they are signing. A power of attorney can be used to formally let another person act in place of the disabled person. A power of attorney can be revoked by the principal (incapacitated person) at any time.

Create a trust.

A trust is a legal device that gives control of someone else’s money to a person or a business (like a bank). A trust can be an excellent substitute for guardianship. This is important if finances are the primary motivator. A trust allows parents or other people a place to store assets. Assets can be managed for the benefit of the incapacitated individual. The trust often has no impact on eligibility for governmental benefits like SSI. The person does not own the assets or money contained within the trust. Trusts are intricate legal instruments. It should be created by an expert lawyer on an individual basis.

Appoint a representative payee.

A representative payee could be a useful substitute for guardianship. It is useful if SSI, social security, or another federal supplement is the incapacitated person’s only source of income. A representative payee is given permission to collect and administer federal payments. This is done on behalf of a person who is unable to do it themselves. Apply for this option through the Social Security Administration. For disabled veterans go to the U.S. Department of Veterans Affairs.

Use supported decision-making or SDM.

SDM is a method or strategy for assisting a person with a disability. It helps them in making and carrying out their own decisions. It is made possible with the help of family, friends, and specialists. These people who help are chosen by the incapacitated person. This strategy may be formal or informal, and it may or may not be documented in writing. Each person’s definition of or inclusion in SDM varies. It should be shaped and guided by their desires and aspirations.

Open a limited bank account.

Banks can assist in keeping a person’s money secure. Two types of accounts are listed below, while individual banks may use other names:

[1] Cosigners: Some banks will set up accounts requiring the signatures of two people or more. They require this before a withdrawal can be made. No one is allowed to withdraw money without the consent of the other party.

[2] Limited Accounts: Money is available at a time in a limited account. Withdrawal is made without the need for a second signature. The bank restricts the person’s ability to access the money.

It could be necessary to shop around because not all banks are willing to create these unique accounts. If these accounts don’t meet your needs, your bank and you might be able to come up with a plan that does.

A guardian is required to speak with the incapacitated person. More so if that person is capable of communicating their wishes. You need to talk to the incapacitated person before making any significant decisions. A guardian embodies a fiduciary. An entity that manages assets on behalf of another person or group of people. The responsibilities of good faith and trust are essential. They are what a fiduciary owes to the other party (incapacitated person).

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My Ex Owes Thousands in Support and the Court Won’t Help – Michigan Law

The court won’t help, and my ex-spouse owes thousands in child support. You can get help by presenting a petition to the court. Get a contempt order against the payer. Get your ex-spouse cited for disobeying the court’s directive. This failure to pay support may constitute a crime. The court may issue a show cause order or impose penalties.

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The court serves the parties in question. Notify them of the order. What if the parties don’t have known addresses? In these cases, you leave with the impression that the court is doing nothing. If the court is unable to locate the persons in question, it is not their fault. If the parties implicated are unable to pay child support, it is not the court’s fault.

 

How is child support enforced?

The non-custodial parent isn’t paying. The individual ordered to pay is behind on their payments known as arrearages. The court has some options available if you already have a child support order.

The Michigan Department of Human Services, Friend of the Court offers child support enforcement services in Michigan. File an action against the person ordered to pay child support. An identical action can be started by the Friend of the Court office. According to state law, the court may make an order after finding a payer in contempt of court. The order accomplishes one or more of the following:

[a] Withdraw funds from your paycheck or other sources of income.

[b] Place liens on your home or other property you own.

[c] Claim your refund from your state and federal taxes.

[d] Restrict your licenses to drive, work, and engage in recreational activities.

[e] Passport or passport applications being turned down or being revoked

[f] Start a contempt case that might result in fines, jail time, and other penalties.

The Friend of the Court may recommend a matter to the county prosecutor. The prosecutor can then file a criminal non-support charge against the support-due party. It is filed after earlier attempts to collect child support have failed. Also, custodial parents may request criminal non-support prosecution from the county prosecutor.

A contempt hearing can be scheduled by the court. This can happen if a predetermined amount of arrearages has accumulated. The payer can be found in contempt if the court determines that they are capable of paying all or part of the debt. The court can impose any or a combination of sanctions mentioned above.

 

Why wont the court help?

You filed for child support. You gave your spouse a hard time seeing the kids just to send a message about support. Now you can’t find your co-parent. Child support payment stops. You ask the court for help. The wheels of the law turned. Nothing happens.

Two challenges the court cannot face on its own:

[ 1 ] The paying parent of child support cannot be located and hence cannot be served with notices.

The court cannot bring the parent with arrears if they could not locate the parent. Notices have to be sent and duly received before the next legal action can be taken. The court can issue appropriate orders. If the subject of these orders cannot be served they could not enforce it. This is the same as serving warrants of arrests for criminals at large. You can’t arrest criminals (or erring non-paying parents) if you can’t find them.

The court itself does not have the resources to go around chasing erring parents. They don’t chase criminals either. There’s law enforcement. The job of the courts is to hear legal issues. The court resolves them by translating the intent of the law. Enforcing the law is not the court’s job.

This lack of understanding of the judicial system and law enforcement creates wrong impressions. The court is perceived as unable to do anything. They appear to be not helping. The courts are functioning exactly as they were created. There’s only so much that the law allows them. The law on divorce, child custody, and support are all designed to serve all parties. It is even focused and biased on protecting children.

[ 2 ] The paying parent of child support does not have the means to support himself or herself. The paying parent of the child cannot find the means to earn enough to pay for child support.

Courts can punish parents who don’t pay child support. It does not send parents to jail as the first option to punish them. They know incarceration diminishes their ability to earn a living. It compromises the ability to provide child support.

Loss of income or even a job is a temporary setback. The court can rule on delaying payment of child support. Put the support payments off for a specified amount of time. It means suspending them. They are unaltered. If required, the support payment amount may also be reduced. Child support can resume once income is regained.

If parents have a job loss, they should let the court and the recipient parent know. Tell the parent in charge of your children’s care as quickly as possible. The fact the loss of a job has been documented may be useful in requesting a change of support order later.

 

What can I do to help enforce support?

The first step will be to get a court order establishing child support. Your co-parent isn’t carrying out that support responsibility. Once you have an order in your possession, you can enforce it. You can collect the debt using both federal and state tools and resources.

You need to know where your co-parent is. There’s still a need to serve notices to your co-parent. Your co-parent is supposed to be given a chance to explain the failure to pay child support. The court needs to know if the co-parent is employed. Notices must be served to the employer too.

Your relationship with your co-parent is not doing so well. You probably denied the co-parent visitation. Your co-parent has no motivation or inspiration to work. Your co-parent is now frustrated with you. Your co-parent doesn’t mind being fined or jailed for not paying child support. Your co-parent isn’t seeing the children anyway. Might as well be in jail.

You can try a low-conflict least expensive way of ensuring child support.

[ 1 ] Follow the parenting time order. The court ordered it. You went along and agreed with it. Go follow the parenting time schedule with your co-parent.

[ 2 ] Cultivate amicable relations with your co-parent. You need to do it anyway to preserve the bond between your co-parent and the children.

[ 3 ] Establishing the relationship guarantees you know the whereabouts of the co-parent. It allows you to know your co-parent’s circumstances. You get to know how your co-parent is living and earning.

[ 4 ] The relationship you cultivate helps you in the long term. You have another person obligated to share the responsibility of parenting.

The above suggestion works if your co-parent is still around or still in Michigan.

Your co-parent leaves and doesn’t even inform you. Now, this is the challenging part. You can’t send your co-parent notification if you don’t have an address. This is where the resource of the state can help.

You can approach the Friend of the Court or FOC for help on support enforcement. It will use all the methods of collection at its disposal. When all else fails, FOC will move for felony charges.

A Friend of the Court may report the matter to the county prosecutor. The county prosecutor can then file a criminal non-support charge against your co-parent. The case can be forwarded to the Attorney General for felony non-support prosecution. Felony non-support charges are brought if earlier attempts at collecting support fail. Custodial parents have the right to request felony non-support prosecution. It can be requested from the county prosecutor or Attorney General.

You need to locate your co-parent first before you can do anything. There’s another resource that the FOC can help you with. It’s the Uniform Federal Family Support Act. Ask FOC or your attorney about it.

The Uniform Federal Family Support Act allows the support order to be enforced in any other U.S. state. It can do so even if the non-custodial parent relocates outside of Michigan. The federal government offers a Federal Parent Locator Service. You can find a parent using this federal service. The service is available only to authorized government agencies. This is the part where FOC can help. You can’t use this directly as a citizen. You need to go through a government agency or entity.

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How Do Courts Determine the Number of Overnights in a Default Order – Michigan Law

Father and mother have a child. Determining child support is a concern. Overnight stays and child support are closely related. The number of overnights has an impact on child support payments. Only one parent is present in court; the other is not. In default is that parent. How do courts determine the number of overnights in a default order?

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If the person is not in court, how do you calculate the overnights? The judge will either do one of two things to determine overnights. The parent who is in attendance has submitted a schedule, which the court will accept. The court may also adopt a default schedule. Every county has its own standard schedule. This timetable is based on the General Parenting Time Schedule of the Michigan 16th Judicial Circuit Court.

Michigan courts determine how much time parents will spend with children. The court also determines how much to set aside for child support. The court uses the child custody schedule for these determinations. The court can approve your arrangement if you and your spouse can agree on a custody schedule. The amount of your child support is modified if your income changes significantly. or if your custody arrangement changes. Child support is also depending on your income.

You need to declare your availability for parenting time. You need to show up in court to suggest your own part in custody and parenting time. The court proceeds if the other parent is not cooperating in hearings. The court uses the suggested schedule of the parent present in the hearing. The court also has the option to use a recommended template for parenting time.

 

Why is determining parenting time and overnights important?

There is a schedule for how much time is spent parenting. Although custody can be given to parents, it is not always equitably distributed. In Michigan, child support guidelines take into account the number of overnights. The amount of time each parent spends with the child is determined by these overnights.

Michigan adopts a mathematical formula. The formula accounts for both parents’ income and the number of overnights children spend with each parent. The guidelines for calculating the parents’ income change based on the county. Pay stubs or the most recent tax year’s returns used to file income tax returns are typically used. Use this for Medicare wages calculation. You can change the income report once the baseline income has been determined.

The cost of the child’s or children’s health insurance can be covered by the parent. The income of that parent may be excluded from or reduced by that payment. There are several payments that can also be deducted. They are minimal in comparison to the number of alternative revenue streams that can be considered. Additions to the base income can be made from any verified source of income. They can consist of capital gains from the sale of stocks or residences, 1099 payments, and more.

We can agree to 365 days a year. In principle, each parent should have at most 182 days each year if we follow the 50/50 split. It is not a perfect world but courts do try hard to be fair and equitable. The custodial parents can have the advantage of getting more than 182 days. You can say that custodial parents have more overnights. Spending more time with kids will mean having less time for something else like a job. That’s where you come in. You have more time to work, you get to pay for child support to help the parent that takes care of the children.

It’s a little bit simpler to calculate overnight. Each overnight that is permitted and does not violate the custody agreement counts as one. One overnight is added in your favor. Let’s say the other parent of your child requests that you watch them for a week so that they can go on vacation. The total number of those nights would be added to your total.

Fathers of children are always required to pay child support. This is a common misunderstanding. This might not always be the case, as the calculating approach demonstrates. The mother of the children can earn more money. Mothers can have more demanding work. Work that necessitates the children to stay over with their dads more frequently.

Men choose not to file for child support modifications. They believe dads are accountable for paying child support. They think they will needlessly have spent their time and money on a court filing. You should talk to your attorney and understand child support modifications.

 

What is the impact of overnights on child support?

Understand how the Michigan court system determines child support payments. It may be useful when deciding whether to increase or decrease child support payments. What the court considers and what the court actually does are very different things. You can use your understanding in looking at the effect of your overnights on your child support.

A parent pays less child support the more overnights the child spends with them. Imagine you have a two-year plan where each parent receives 182 days of parenting time. Mathematically, the decrease in child support becomes more pronounced if you have more overnights. It is so the closer one gets to 100 overnights. With your income, your child support can be as high as it can be. The weekends might be alternated. Consider weekends and holidays, one day throughout the week. You picked up the children on Friday and dropped them off on Sunday afternoon. Less than 70 overnights are spent with you each year.

Your weekday parenting time can be overnights. Your overnights would have increased by 52. The increase would be 26 extra overnights. The children are picked up on Monday morning for the weekend parenting time. The overnight parenting time can increase to 146 per year. It can with these two improvements. This parenting time modification can cut the child support payment. It can reduce it to approximately half of what it would have been.

 

How do courts determine overnights if one of the parents is not cooperating?

Parenting time is always influenced by finances. The amount of overnights determines how much child support is owed. This formula results in arguments over parenting time. Arguments that are unrelated to what is best for the child.

Judges are required by law to determine whether parenting time orders are in the children’s best interests. Even if the parties agree on a parenting time schedule, this duty still applies. Courts are willing to approve parenting time agreements unless there is a clear flaw in the proposition. Court hearings are scheduled supposedly to approve the parenting time schedule agreed upon by parents. What if one parent fails to show up or simply refuses to collaborate? A parent has failed to show up in court or take part in the proceedings. That parent is effectively in default.

The court has two options when it finds the uncooperative parent in default.

[ 1 ] It can take whatever proposal the active parent has submitted through the attorney. The judge will review the parenting time schedule proposed by the parent. The schedule must provide enough time for both parents with their children. It must be fair and must serve the best interest of children.

A parenting time schedule cannot be implemented unless it is a court order. Your court order can use the words “enough parenting time.” It refers to any parenting time that the parents may agree upon. Your order can include words like “appropriate parenting time.” This can create a challenge to the Friend of the Court, or FOC in a dispute. The FOC will not be able to enforce it since it lacks a specific plan. Talk to an experienced attorney to come up with your parenting time plan.

[ 2 ] The court can impose a parenting time schedule from a prescribed template. This template is adapted from the Michigan Parenting Time Guideline.

The Guideline was updated in March 2022. It provided 14 examples of parenting time schedules. The examples show how parenting time should be decided by the parents. It was released in February 2021. They act as models or instructions for parents. Each county court came up with a version suitable to their community from the examples.

A parent can default but it will not stop the court from proceeding. It will declare the erring parent in default and proceed with the determinations. The judge can proceed with determining overnights and child support using the parenting time schedule.

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What to Do if You Suspect Sexual Abuse of a Child – Michigan Law

What to do if you suspect sexual abuse of a child? You are separated. You are the parents of a child. You overhear a child allegedly suffered abuse under your supervision. Exercise extreme caution. You are observing or learning about a potential crime. You should call the cops. Perhaps Child Protective Services rather than the police. Both have an impact on what will follow.

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Your attorney must advise you. Recognize what you’re about to do. It’s possible that you share a residence with the partner you’re blaming. If the child has been abused, you can be asked to leave. Your child might be removed. You’re unprepared for that. There will be a CPS case for your child. If this is taking place, you must immediately contact your attorney.

 

Sexual abuse is always with someone you know. What do you mean by sexual abuse of a child?

The people who abuse children appear and behave like everyone else. Sexual abuse is most often by someone the child knows. Sexual contact with a child is child sexual abuse or molestation.

They can be in churches, schools, and youth sports groups. Abusers can be close friends, relatives, or neighbors. Abuse can happen in families, schools, churches, recreation centers, youth, and sports organizations. It can happen in any setting where children congregate. It can all harbor perpetrators of child sexual abuse.

The fact that abusers can be and frequently are other children is significant.

90% of kids who experience sexual assault know the perpetrator. 10% of children sexually molested are victimized by a stranger. 30% of children who experience sexual abuse are victimized by family members.

The victim’s age affects how probable a family member the abuser is to be. 50% of those who abused a child under six were related to the victim. 23% of those who abused children between the ages of 12 and 17 were also family members. Around 60% of sexual abusers who are adults target children. They are persons the family knows and trusts. Instances of sexual abuse against children include:

[ a ] Stroking or fondling of a child’s private parts for sexual purposes.

[ b ] Putting items or body parts inside a child’s mouth, anus, or vagina for unnecessary reasons or sexual gratification.

[ c ] Exposing or showing oneself inappropriately to a child.

[ d ] Having sex with a child. Masturbating or coercing a child into masturbating.

[ e ] Taking a sexual photo of a child.

[ f ] Exposing a child to porn.

[ g ] Observing a child change into new clothes or use the restroom without the child’s consent.

[ h ] Using a computer, a phone, or other social media to approach a minor for sexual purposes.

The term sexual abuse of a child may not apply to all instances of sexual exploitation or molestation of children. Maryland has a more detailed definition of sexual abuse of a minor. Sexual abuse of a minor in sexual molestation or exploitation instances denotes that the perpetrator had a special relationship with the victim.

 

What signs to watch out for sexual abuse?

Child sexual abuse gives out warning indicators. Indicators of sexual abuse can vary greatly from child to child. They could appear right away or much later in the child’s life. These symptoms might be classified as emotional, behavioral, or physical symptoms. The warning indications for each of these groups are listed below.

 

Physical indicators:

[ a ] Bloody diapers and underwear

[ b ] Torn undergarments

[ c ] Genital bruising, edema, or irritability

[ d ] Urinary infections or yeast infections

[ e ] Difficulty urinating or bowel movement

[ f ] Having trouble sitting or standing

[ g ] Genital ache, itchiness, or burning

[ h ] HIV/AIDS, a sexually transmitted disease (STI)

[ i ] Pregnancy

 

Emotional indicators:

[ a ] Shame\Guilt

[ b ] Distrustful

[ c ] Powerlessness

[ d ] Hopelessness

[ e ] Feeling unworthy

[ f ] Anger

[ g ] Both anxiety and depression

[ h ] Low self-esteem

[ i ] A sense of not being good enough

 

Behavioral indicators:

[ a ] Acting suddenly younger than their years (e.g. bed wetting, thumb sucking, etc.)

[ b ] Nightmares or night terrors

[ c ] Expressing or acting in a sexual manner that seems out of age

[ d ] Sensitivity to touch

[ e ] Becoming a parent figure or being watchful of young children

[ f ] Changes in hygiene (teeth cleaning, bathing, etc.). Changes in fashion choices (e.g. not wanting to take a bath or desire to wear very loose clothing.)

[ g ] Easily frightens

[ h ] Intense fears

[ i ] PTSD symptoms (anxiety, impatience, inability to concentrate)

[ j ] School changes (aggressive or timid behavior, skipping school, frequently feeling too sick to go to school or grades begin to drop)

[ k ] Fleeing from home

[ l ] Self-harm (cutting, burning) (cutting, burning)

[ m ] Shame surrounding periods or puberty

[ n ] Avoiding specific individuals or locations

[ o ] Predilection to suicide particularly among teenagers

[ p ] Excessive effort/accomplishment (e.g. fixation with performance in class, in athletics, or both.)

These “signs” may not necessarily say that a child has experienced sexual abuse. It’s crucial to check for any patterns that can point to a child being sexually abused.

Children give hints of abuse. They share clues you need to pick up. Children share details to gauge your response. It could be as basic as “This individual is nasty” or “I don’t like going to this person’s house.” Pay attention to remarks like this and enquire further from the child. Children will occasionally inform us that something is wrong with their actions. Knowing the warning signs and how to keep the child safe is important. If a child confides in you that they have been abused, get professional assistance. Learn how to react in a way that is therapeutic and beneficial to the child.

 

You suspect sexual abuse. What can you do?

Talk to your spouse before reporting anything. It can be a misunderstanding. It could be a heightened level of vigilance. Reporting child sexual abuse will trigger a series of police and legal action. This is similar to reporting domestic violence.

Calling 911 can be prudent if imminent danger is present after the discovery of sexual abuse. You know the alleged perpetrator. You alone can gauge the level of risk your spouse poses to you and your child. Talking to your spouse can be a better alternative if you don’t see your spouse as a dangerous person.

Talking to your attorney is also a logical option to weigh the implication of reporting. Reporting sexual abuse takes the whole matter off your hands. It will be in the hands of authorities like the police or Child Protective Services (CPS). You have no control over what will unfold.

The majority of CPS’s demands cannot be forced upon you because it lacks the authority to do so. Your case has not officially started yet. Working with CPS is often good for you. This includes responding to inquiries and offering evidence to support claims. CPS can investigate your household. They can also plan suggested services for you to take part in them.

CPS can tell you to keep your children away from the person who is allegedly abusing them. CPS cannot evict the suspected abusive parent if the parent is already in your home. You run the danger of being seen as uncooperative if you ignore CPS’s requests.

Any parenting time order remains in force until a new one is entered. This will remain so regardless of what CPS requests you do. You can request a new parenting time schedule from the court. It can be granted according to CPS recommendation.

 

You report sexual abuse of a child. What happens then?

Anyone can submit a report to CPS or the police. Even a child who has a good reason to believe a child is being mistreated or neglected. An impartial individual can have the same experience. Anyone hearing the same information can have the same legitimate suspicions.

Certain people are required to report any plausible allegation of child abuse. This is mandatory for them due to the nature of their professions. Teachers, social workers, and physicians are among the “mandatory reporters” in this category. The identity of the person reporting will often remain private.

CPS has 24 hours to investigate or reject the complaint if it believes it is unjustified. CPS can notify the police of very serious incidents. These are instances involving sexual abuse or a child’s death.

CPS investigation determines whether your child has ever experienced abuse. A CPS investigator will get in touch with the subject of the report. CPS informs them of the complaint. The CPS investigator may speak with your child. They will talk to you, the other parent, and other members of your child’s household. Any other person CPS believes may have relevant information may also be contacted. Your house may be visited during a CPS investigation. Records like police, medical, or school reports may be examined. The investigation must be finished by CPS in 30 days.

Children can be taken from their homes during an investigation. Children can only be taken from their homes by CPS with a judge’s approval. CPS can take children away. It places them in foster care or temporarily with the other parent. A relative could provide foster care.

The police can take a child from their home without a warrant. A doctor can keep the child. The hospital has the right to refuse to let them go with their parents. This is in a situation where they feel the child is still in danger. The hospital has the authority to confine the child without a court order. It is only temporary and limited in scope.

The police and CPS can conduct separate investigations. CPS can move for termination of parental rights and removal of the child. Police can proceed to prosecution.

You sexually abused a child. A child under 13. This is a first-degree criminal sexual act or first-degree child abuse. This is a felony with a life sentence. Sexual interaction with a child under the age of 13 is punishable by up to 15 years in prison. This also includes lifetime electronic monitoring. Sexual penetration of a child between the ages of 13 and 15 can be subject to hefty fines and a lengthy prison term. These are 1st, 2nd, 3rd, and 4th degree felonies. These sex crimes carry the possibility of registration as a sex offender. The felon’s record will be entered in the Michigan Sex Offender Registry.

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What Happens if a Domestic Violence Recants Their Statement – Michigan Law

Domestic violence happened. Victims accused someone they know of physically assaulting them. The accuser later recants and tells a different story to the police or prosecutor. What happens if a domestic violence victim recants their statement?

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Perhaps the victim didn’t retract. They failed to appear. The victim isn’t taking part in judicial activities. They simply turned docile. This can work in the offender’s favor. Most of the time, the court will grant the offender’s motion to have the case dismissed.

From the viewpoint of a witness who is making accusations, it will be different. You allegedly admit to making a fake report or lying while under oath. For filing a fraudulent police report, you will face legal action. You’ll face legal action for lying. Your actions could put you in legal trouble. You fail to appear. The outcome will be the same whether you take part or not. The case will be thrown out. Or, the prosecution will move forward regardless.

Domestic violence occurs between people who know each other. They are members of the same household. They are dating partners or other close relationships. This is the main distinction between domestic violence and other types of assault. domestic violence survivors dislike seeing someone so close to them punished. Prosecuting these crimes may be a very difficult task. Survivors might stop helping the police and prosecutors. They change their stories about the attacks.

 

What does recanting your statement mean? Why would victims recant their statements?

Domestic abuse survivors’ reports to the police will be used as evidence in the prosecution. It is the basis for criminal charges against the attacker. Recanting occurs when the survivor alters their account or retracts their entire claim. This can happen before, during, or after the trial. Recanting usually happens sooner to get the charges against the abuser dropped.

The majority of domestic abuse allegations in Michigan start with a call for help. The following occurs leading to criminal charges:

[ 1 ] The accused victim reports possible domestic violence. The report can also come from nearby witnesses, a bystander, or another party. The report describes some form of domestic abuse.

[ 2 ] When the police arrive, they will interview the claimed victim. The victim can be someone’s spouse, girlfriend, boyfriend, brother, parent, or another individual.

[ 3 ] The alleged offender will be taken into custody. This happens if there is good evidence to believe domestic violence has occurred,

[ 4 ] Police take pictures of the wounds and gather more proof.

[ 5 ] The prosecution will use the written statements from the victims to support its case.

There isn’t one common factor that causes survivors to retract their claims. The survivor’s relationship with the abuser frequently plays a significant role. It’s the anxiety of further violence if the attacker is exonerated. Or, when the accusations are withdrawn. This fear can be brought on by concern over how the assailant might resurface after serving time in jail. Local law enforcement may lack the resources. Logistical resources to ensure survivors are protected against perpetrators after they are released. This fear can be particularly severe.

Survivors often retract their statements out of guilt. The victimization of their attacker by the criminal justice system triggers this guilt. Researchers observed patterns in the interactions between abusers and victims of domestic violence. The assailants minimize the issue. They make an appeal for sympathy. Finally, they demand the victim recant.

Survivors can succumb to external pressure to recant. Their attacker plays a big role in their lives or in the life of someone close to them. A violent spouse is providing financial support for that person’s children. The victim doesn’t want to take the chance of making their violent spouse go to jail. The breadwinner abuser can no longer support the family while in prison. These recanting survivors may view enduring the abuse as less detrimental. Better than the alternative of being homeless or otherwise abandoned.

 

What is the impact of recanting on the domestic violence case?

A case is not withdrawn just because a victim no longer takes part in the case. It’s not like a civil case between two parties. A prosecutor’s or district attorney’s office handles criminal issues like domestic abuse. The victim can retract their testimonies. The prosecution can still pursue the case.

Many prosecutors are aware the victim would eventually change their story. The reliability of the trial will depend on the strength of the other available evidence. Recanting victims are very typical occurrences in domestic violence cases.

The prosecution can prove their case against the defendant with enough supporting evidence. Evidence or indicators of the crime include:

[ a ] Police reports

[ b ] Photos of injuries or property damage

[ c ] Recordings of any kind, including 911 calls

[ d ] Threats or statements published on social media

[ e ] Medical or health records

[ f ] Eyewitness testimony

The prosecution can move on even without the cooperation of the recanting survivor. There will be enough independent evidence. Authorities expect victims of domestic violence will retract their allegations. Prosecutors may even use tactics more common in homicide trials. They proceed to believe there won’t be a survivor to testify.

In many situations of domestic violence, the victim’s testimony is key. The victim’s statements link everything together. When the police arrive, the victim can choose to make their statement there. They can proceed to the police station. Defendants and victims can reconcile after an incident. It’s possible that there was a miscommunication. It caused the altercation, and things got out of hand.

Domestic violence survivors can always alter their accounts. Prosecutors cannot always move forward with the case. Often the perpetrator is never brought to justice. This leaves the victim vulnerable to more domestic abuse.

The victims recanting can work in favor of the abuser or defendant if the evidence is not convincing and overwhelming. Keep in mind a few important facts if you’re the defendant in one of these situations.

[ a ] The charge won’t be dismissed if the victim retracts their testimony. Not even if the victim declines to appear in court. The prosecution can have a harder time establishing its case. The prosecution can still do so without the victim. Once a case is filed, it can only be dropped by the prosecutor or the court.

[ b ] The terms of an order of protection are enforced even if the victim retracts their statement. Until the court lifts the order, you shouldn’t communicate with the victim.

It’s critical to comprehend the details of your case. You’ve been accused of domestic abuse. Develop a defense plan that addresses the pertinent issues. Talk to your attorney about the details of this defense.

 

What is the impact of recanting on the victim?

The victim and defendant in a domestic quarrel can reconcile in some cases. The victim may call the police or the prosecutor’s office after the reported incident. The victim will try to retract their complaint or have the charges dropped. The majority of prosecutors will nonetheless continue with the case.

Victims can testify in court to alter their accounts. The prosecution can refute the victim’s testimony. Argue that she is distorting the truth to “rescue” the offender from conviction. The victim’s initial statement can be sustained as true by judges and juries. It was made in a frenzied state. The victim’s statement is trustworthy. There was no time for fabrication.

Victims can be charged with perjury. They can be held accountable for making a false police complaint. They can be charged with interfering with the legal process. They can be cited with contempt of court or other penalties if they ignore a subpoena. Talk to your attorney first before considering recanting your statement if youre the victim. Your life and safety are at stake in this case.

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Does My Ex Need Permission to Post My Child Online – Michigan Law

A child is shared by two adults. The child has shared legal custody with both parents. Without the permission of the parent, the co-parent posts pictures or videos of the child on social media. Does my ex need permission to post my child online?

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The state of Michigan does not have any regulations about this. There is no law requiring the approval of both parents before a child’s photo can be displayed online. We actually encounter it frequently. On Facebook, we can see parents. The mom has a Facebook page. The father either has a Facebook account or doesn’t have one. Without a court order, both parents are permitted to share their child’s photo on social media. Submit a motion to the court. Provide a strong justification for not wanting your child’s photo posted on social media. Your child’s image won’t be used or posted again without a court order.

 

Is there a reason to be concerned about posting videos of children online?

Children and young people now have access to information, culture, communication, and entertainment. These are access to levels that were unthinkable just 20 years ago. These realities are enabled by the Internet, mobile devices, and other electronic media. Many of these amazing advantages also carry risks. The Internet has made it simpler to produce and disseminate material.

The Internet and related technologies are tools even for criminals. They made the circulation of violent images of children possible. The technology offered major new opportunities for abusers. Opportunities to access and interact with children and teenagers online. Crimes involving child sexual abuse and exploitation are pervasive. These technologies did not invent them. The technology increased the scope and potential of several well-known and established ones.

Children are online more than ever. It is revealed in statistics from NetSmartz. NetSmartz is a website run by the National Center for Missing and Exploited Children. Kids between the ages of 12 and 17 are online in 93% of cases, and 75% of them have smartphones. Half of the children have profiles on sites like Facebook and Twitter. They have uploaded images of themselves, making up 73% of the total.

Children cannot provide their full consent. They cannot comprehend the implications of having their photographs shared online. You think you are sharing something privately. Individuals can capture and store the postings you make. A small audience on Instagram Stories or Snapchat makes your information publicly available. Data breaches can broadcast your personal data across the Internet. This can be available on the Dark Web.

Revealing intimate details and frailties betrays a lack of respect. It can undermine a child’s confidence in you. It compromises their sense of security. These can result in mental health problems later in life.

Sharing your information or posting a picture of your child may not seem detrimental. It’s vital to keep in mind that once information is posted online, it can be accessible to anybody. Even if you have stringent privacy settings, your posts can be shared with people. People you are not related to by “close friends.” An open account divulges your child’s personal data to strangers. Private accounts are vulnerable to hacking and unauthorized access.

Geotagging your house, your child’s school or any location children visit is not good. It may leave a digital trail of your child’s movements. You’re telling predators your child’s name and their favorite locations. They might appear wherever you go. Pretend to know you. It could result in kidnappings or attacks. Pay attention to the background of images as well. There are potential risks if a child predator can determine where your child lives. They can guess by looking at items like street signs or local businesses.

There is little chance of child abduction from shared photographs. It is still something to think about before sharing. Digital kidnapping is more frequent. Photos of children shared online are frequently appropriated. It can be exploited in marketing and transformed into false profiles. It can even be shown on dark web pedophile websites or social networks. An image published online is not considered to be in the public domain. The internet will have 5 billion users by May 2022. It can be challenging to trace and control where a picture ends up.

These online risks will continue. It will continue even when children are adults and mature enough to care for themselves. This is still a new occurrence. Over-sharing parents disclose private details of their children. Their complete names, birthdates, and places along with images. They make it easier for scammers to take the identities of their children. One piece of research cited by The New Yorker indicates this scam will become a trend. Identity fraud cases involving today’s juniors will rise. It will account for nearly two-thirds of all instances by 2030.

 

Why are images or videos of children openly published online?

Almost anyone may now post their own media content on the Internet. This is due to the widespread and pervasive use of smartphones. Privacy activists are concerned about this development, especially with regard to children. Is it possible for someone to post photos of your child on a blog or social media platform?

It is lawful for strangers to take pictures or videos of your child. They are free to broadcast or publish the images as well, with a few limitations. Contrary to popular belief, parents do not need to provide their permission or sign a release. To counteract this permissiveness, some states have established more stringent legislation. And school districts do take precautions to safeguard their students.

It seems dubious at best that a stranger could take a picture of your child. Do it without your permission and post it. The First Amendment is a legal principle permitting such materials as an expression. The publication and distribution of images and videos of children are legal. Apparently so under The First Amendment. The First Amendment forbids the federal government from enacting broad rules limiting freedom. The freedom of expression protects our personal freedom of expression and the freedom of the press protects institutions.

Even if you do not provide your approval, the photographs are usually legal. They are as long as they are used for editorial purposes and if they were taken while your child was in a public place. A journalist might publish a picture of your child playing in a public park in their newspaper. They can do it without your permission. The picture is in a newspaper piece about how well playgrounds are protected in city parks.

 

Can my ex-spouse publish videos of our children without my consent?

Unless a judge orders otherwise, a parent is often free to exercise their parental rights. They share information about their family with others. This includes sharing images of their children on social media. The social media account may be open to the public. It can allow anybody in the world to access postings and photos. It can be private, allowing only a select few family members and friends to view the images.

It can be challenging to persuade a judge to prohibit a parent from publishing family images online. Especially in the absence of substantial harm to the children from such postings.

The photos can show the kids riding their new pony or on dad’s new speedboat. The other parent can only be posting photos of the children having a good time in their presence to annoy you. These postings are done out of spite or with the intent to irritate you. It really isn’t enough to get a judge to order that the photos not be posted.

 

What can a worried parent do to restrict the circulation of childrens images?

Schools may have policies on privacy and security for children. You can exploit these policies. Ask for your school’s specific policies on child protection. Check if it includes the publishing of childrens images on social media. Your school policy can be silent on this part because it can also interfere with public relations initiatives.

Certain things may be forbidden around children like smoking or drinking. Check your parenting time order. Any pictures posted depicting these forbidden behaviors with the children can be helpful. You can ask for a modification of the custody and visitation orders. You can then ask the other parent to stop posting on social media as part of the modification.

The best course of action is to ask your attorney to file a motion to modify the parenting time order to include restrictions on the use of childrens images. Your attorney can give you the best legal basis and framework for this motion. You must have a very compelling reason to file this motion.

You can file a motion to ask your ex-spouse to stop sharing films or pictures of your kids. The Judge will determine whether you have enough justification to do so. Many kids have their own YouTube shows nowadays. Both the substance of the videos and the age of the children play a role in the judge’s decision.

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Other Parent’s Schedule Interferes With Your Parenting Time – Michigan Law

Divorces do happen. Wife has custody. There is parenting time for both parents. This parent can have it this week, with the other parent getting it the next week. The co-parent may occasionally consent to a swap because the other parent has plans. Some parents purposefully plan activities that interfere with the other parent’s parenting time. What to do when the other parent schedules things on your parenting time?

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When the child should be with the other parent, one parent will plan a trip to Disneyland. Sometimes the parent may explain to the child that it is the other parent’s time and the child is not allowed to go. This is bad faith on the part of the parent. It is evil. It is dreadful. Both the child and the other parent will feel disrespected by it. The child feels terrible, and the parenting schedule is ruined. Contact your attorney and submit a motion. You can hold the other parent in contempt for acting in such a despicable manner.

 

Why do parents and children need parenting time?

According to Michigan’s laws, children ought to have good relationships with both parents. The court takes the child’s best interests into account when granting custody. The state established “best interests” as a collection of criteria by statute. Each parent must have the willingness to help an enduring parent-child relationship. This strong tie between the child and the parent is one of the deciding considerations. Interfering with parenting time is in direct conflict with the child’s best interests.

Ties between parents and children are disproportionately protected by Michigan courts. The court will frequently order that the children spend more time with one parent than the other. The court uses the terms “shared physical custody” or “primary physical custody.” One parent has more parenting time. The term is used in the court order to describe this arrangement.

Divorce is difficult not just for the spouses involved. It can have a very negative impact on the children too. Children are a big cause for contention during the divorce process. This is besides property division. Feelings can run high during the divorce and custody battle. The parents involved should keep the children’s best interests in mind. The development of children depends on parental time. Children get the chance to interact with both parents and develop bonds with them. Both parents are able to see their children. Parents learn about their children’s actions, abilities, and shortcomings. They are present in their lives. This enables the parents to mentor them based on their individual needs.

You can be making hotcakes or engaging in in-depth discussions about views and values. It is crucial for parents to spend quality time with their children. These interactions keep a positive relationship. Spending time with children makes them feel appreciated. It encourages them to be more outgoing and communicative.

Parental interactions educate children. They teach them what is “normal” behavior as they grow into adults. Whether a parent is there in their lives or not, it educates them about the importance of parenting. In some situations, the absence thereof. Being consistent when it comes to spending time with your kids is so essential. The children can come to believe they are unimportant and unloved if you fail to be consistent.

 

How can parents ruin a parent-child relationship?

Having a child with an ex-spouse can be extremely challenging. Ex-spouses can harbor unresolved resentments toward one another. Some parents are able to set these emotions aside. Some for the benefit of their co-parenting arrangement and some cannot.

Parental alienation happens. It can be if one parent purposefully hurts their child’s bond with the other parent. For both the parent and the child, it can be quite detrimental. Decisions on child custody may also be affected by parental alienation.

Taking care of their children should be the parents’ top responsibility. Some parents choose vengeance against the other parent over what’s best for the child. Parental alienation takes many forms depending on the situation. It entails psychological manipulation intended to sever the parent-child bond. A parent could make an effort to persuade their child that the other parent is bad or doesn’t care about them. A child brings up something favorable about the other parent. The parent will immediately brush it off. They discipline the child for feeling that way.

Parental alienation can be difficult to identify, but some potential symptoms include:

[ a ] A parent who was very beloved by the children is suddenly deeply despised by them.

[ b ] The young child describes the estranged parent in an adult manner.

[ c ] The child declines to see the estranged parent but is unable to explain why.

Great harm comes to children when one parent tries to sabotage the relationship with the other parent. Children should enjoy positive interactions with both parents. A parent shouldn’t be attempting to persuade a child not to see or speak with the other parent.

 

What are the consequences of ruining parenting time?

Ruining parenting time can alienate the other parent. One parent’s behavior harms the child’s relationship with the other parent. This is parental alienation. Keeping a child away from a custodial parent can be seen as custodial interference. Custodial interference is a crime. It can be committed by a parent who refuses to give the other parent access to the child. The parent intends to keep the child permanently away from the custodial parent.

A court can use remedies it deems to be fair to parents violating a court-ordered parenting time. Typical remedies include:

[ a ] Requesting “make-up” parental time

[ b ] Having a third party oversee the problematic parent’s visitations

[ c ] Levying fines, court costs, and legal costs against the offending parent

[ d ] Modifying the parental time schedule either temporarily or permanently

[ e ] A court may also order the arrest and incarceration of the interfering parent. This is for more severe interference.

[ f ] A parent could be placed in contempt of court if they disobey custody or visitation orders.

The court should only be approached as a last resort to have its order enforced. A court will likely be indulgent if your ex has only been tardy once or twice. Before you petition the court to enforce its decision, you should have a record of parenting plan infractions that is well-documented.

 

What can you do when one parent schedules things on your parenting time?

A child suffers great harm when one parent tries to sabotage their relationship with the other parent. Children should enjoy positive interactions with both parents. A parent shouldn’t be attempting to persuade a child not to see or speak with the other parent unless there is a genuine safety concern.

A parent works with a co-parent to enforce parenting time. A former spouse or a parent who has separated. A parent having difficulty following the parenting time arrangement. Upholding the rules of the parenting schedule can make a parent feel they are being punished. Fighting with an ex-spouse to see your children is one of the most annoying things you can go through.

The parenting schedule is being disrupted by your co-parent. Perhaps it’s time to gather your forces.

Assume your co-parent is deliberately picking a fight.

The parent that is bothering you might be doing more than just trying to get under your skin. The co-parent may intend to switch from passive-aggressive behavior to blatant aggression.

The offending parent may be developing a pattern of behavior. Your co-parent is habitually breaking the agreement. Be prepared to battle. This is frequently a sign that the offending parent is putting up a case. The goal is to modify the custody arrangement. Keep an eye on the issue for 60 to 90 days, at least. It can start with letters of noncompliance. It can eventually lead to court proceedings.

Start documenting interaction and communication with the other parent. Be calm. Be rational and positive.

Send your ex-spouse an email to explain the situation whenever possible. You have concrete evidence later should you end up in court. Another option is to get counseling. Before requesting judicial intervention, attempt to resolve the issue.

Keep a journal and capture every detail to prove even the smallest infractions. Your records can show a pattern of misconduct that forces the court to change the order. Try to address the situation by expressing your worries. Even if you are offended and irritated, you should conduct yourself professionally. The court is attempting to decide which parent is the more responsible and mature. You want your communications brought to the court’s attention. Prove you are a mature and responsible parent. In the event that you are unable to resolve the issue turn to legal action.

Talk to your attorney. Take legal action.

The other parent of your child is attempting to alienate you. Courts in Michigan take into account many variables deciding on child custody cases. One of these factors is a parent’s capacity to foster a good parent-child relationship with the other parent. As a result, alienating behavior may have an impact on the court’s determinations of parental roles and parenting time.

Be proactively protective of your parenting time.

It’s can be too late if you wait till anything goes wrong. The best course of action is to have a strategy in place. Safeguard your parenting time in case the other parent starts interfering with it. No matter how trivial you need to address interference with parenting time. You need to resolve it before it becomes the new normal. There are strategies for resolving this. You need to do this before this potential issue becomes a chronic one.

Shield your parenting plan against sabotage.

Maintaining some stability in your child’s life requires a parenting plan. Don’t allow for any room for ambiguity in its meaning. Discuss the appropriate language and structure for the agreement with your attorney. Knowing everything that is in the parenting plan will reduce unforeseen circumstances. You can work with a lawyer to create a parenting plan that satisfies your requirements. You can ask your attorney to insert clauses prohibiting disparagement. You can avoid going back to court if a conflict arises. Many parents are now implementing dispute-resolution mechanisms.

Success depends on having flexible parenting time schedules. Children can experience less loneliness. Ensure the non-custodial parent is in regular phone or video chat with them. Give your children’s needs a top priority. It’s a good idea to watch how they react to absences and then adjust the schedule as necessary. Make sure you keep an eye on your children during visitations. Determine whether the parenting time schedule is actually helpful to them.

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Can a Teenager Refuse to See the Other Parent Even if They Have Joint Custody – Michigan Law

Can a teenager choose not to see a parent even if they have joint custody? The matter of custody and parenting time has been decided by the court already. You have complete control over how parenting time is allocated to young children. Teenagers might favor hanging out with their friends.

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The parent with whom parenting time is scheduled must receive the adolescent. The parent or the adolescent is not given the choice. You can be imaginative and invite your adolescent child’s friends over so you can all hang out. Your co-parent can choose not to support your teen’s involvement in parenting time. Make a phone call to your attorney. A motion must be submitted. The motion will either alter parenting time or require your co-parent to press your adolescent child’s compliance.

 

Why is my teenage child choosing not to see my ex-spouse?

Your teenage child’s obstinacy in refusing to go with the other parent could have a good cause. The most likely reasons why your child is having trouble interacting with your ex-spouse are as follows:

[ a ] Only one parent will let the child attend an event, despite the child’s desire to do so.

[ b ] The other parent and your child have never truly gotten along.

[ c ] The child is not friendly with the other child from a previous relationship. This may also be the case with the new partner of the other parent.

[ d ] The child’s school, classmates, and extracurricular activities are far. It is too far from where the other parent resides.

[ e ] The child doesn’t want to abide by the strict house rules set by the other parent.

[ f ] The child carries ill will toward the other parent and holds them accountable for the divorce. You are disparaging your ex-spouse. This can be the reason why your child feels upset. Parental alienation is disparaging your ex in front of your children. Parental alienation can be used as evidence against you in court.

You can support your child’s decision not to go with the other parents. The following are legally sound reasons for doing so:

[ a ] The other parent is behind bars or in prison.

[ b ] The parent has a substance use disorder (SUD) or abuses drugs.

[ c ] The child is a victim of either verbal or physical abuse from the other parent.

[ d ] Sexual impropriety like exposing a child to highly provocative sexual behavior.

[ e ] The possibility of parental kidnapping or a history of it.

Parents can worry about their child’s behavior. Expect parents to err on the side of caution when the risk of abuse is apparent. No one can suggest that you return your child to the custody of the other parent. Especially if they admit to having been physically abused. Or worse, sexually assaulted, or subjected to other forms of abuse. You should ask the court for supervised parenting time or denial of visitation.

 

Can my teenage child choose not to see my ex-spouse even with joint custody?

Our children can grow up really quickly. Divorce and child custody disputes won’t deter them. Parenting time and visitation are governed by court orders. These must be understood by children as well because they are necessary obligations. The bond between parents and children promotes a child’s social development. It supports their intellectual, and physical development. Every parent and child should cherish and cultivate this special relationship.

Children under the age of 18 cannot make a unilateral decision about whose parent they will live with. A child cannot decline visitation that is mandated under a custody arrangement. Parents and children must adhere to the rules. It is the primary physical custodial parent’s job to convince a defiant teenager.

The judge can take into account a factor when deciding on child custody or parenting time. The judge can consider the child’s preference. Your child, particularly a teen, wants to spend more time with the other parent. Talking to a child custody attorney may be beneficial. It can help you work with your teenager.

The judge will interview the teenager. Listen to the reasons for favoring one parent over the other or for refusing to visit one parent. The parent the teenager refuses to see has a lifestyle that is inappropriate for the child. This could be a case of persistent criminal behavior in that parent’s house. It could be illicit drugs or physical violence. The refusal will probably be justifiable in the judge’s eyes.

The judge cannot be sympathetic to a teenager who refuses to visit a parent’s home. Especially if it is because the parent insists the teen do his homework. Allowing mature feedback from your teen serves the aim of giving the child a voice. It is not for pitting the parents against one another.

The matter should return to court if a teen refuses to follow a custody order that is already in place. The custodial parent should stick to the schedule. Maintain the parenting time until the court rules on the motion to modify the custody and parenting time schedule. Unless the child is at risk.

 

What do I do to make my teenage child choose to go to my ex-spouse?

Persuade your child to go with the other parent to follow the court’s order. Put in place strategies proven successful with other parents. Parents like you who have to cope with a resistant teenager.

Call your co-parent and have a conversation.

When your child declines, call the other parent and try to get the child to give the other parent an explanation. The child can probably cooperate more readily with the other parent. You won’t be accused of disregarding court orders. Word of mouth, as opposed to phone records and text messages, is easier to refute in court.

Remember that you are an adult and a parent in this situation.

Never forget that you are the parent. Here, you make the decisions, not your child. A soft, compassionate approach could not work in this situation. You are the most qualified person to assess your child’s underlying needs. You can feel guilty about making your child do something they don’t want to. Especially in the wake of the stress of a custody battle and/or divorce.

Learn more about the cause of the attitude.

Determine what is driving the refusal to visit the other parent. Your child probably doesn’t understand the consequences of disobeying a court order. Ask them why they aren’t going instead of just telling them to go. You’ll learn more about how to handle the refusal. Show compassion and sympathy for your teenager’s situation. Your child can agree to the visitation time.

Ensure that every pick-up and drop-off is stress-free.

Make picking up and dropping off as straightforward as you can. Arguments with your ex-spouse transitions can have an impact. It can trigger your child’s reluctance to go for visitation. Your ex-spouse can try to provoke you during custody changes. Do your best to keep your lips shut and carry yourself like the bigger person. Make sure your child’s suitcase is packed. Ensure all other arrangements have been done well in advance. Anxiety may be brought on by actions that can be prevented. Actions like hurrying around the house and ignoring your child’s sentimental items.

Continue to encourage your teenager.

Promote trips continuously. Never give up after one denial. The parenting schedule should be discussed with your child. Do it at intervals other than right before pick-ups and drop-offs. Choose more relaxed moments to talk about parenting time.

Start making notes about all this defiant attitude.

Record each occasion when your teenager declines a visit. To keep a list, ask your teenager the same question each time. You must have evidence to support your claims and those of your child. The other parent has the right to accuse you of breaking the court order. The other parent might attempt to show that you haven’t complied. It can be detrimental to your custody case.

The judge must decide whether the child has communicated a choice that is reasonable. The judge needs to confirm if the child is capable of making a reasonable decision. on decisions about custody and visitation. This doesn’t mean the child needs to give a detailed explanation for the decision. It only means it isn’t driven by irrational or insignificant reasons.

Children do not have the ability to decline visitation. Visitation is mandated by a custody order until they turn 18. Until they are declared to be emancipated. Parents and children must adhere to the rules. It is the primary physical custodial parent’s duty. The custodial parent must convince a rebellious child to take part in visitation.

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