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Michigan Family Law Blog

Thursday, June 6, 2019

Can I Get Sole Legal Custody of My Children?


WHAT IS SOLE LEGAL CUSTODY IN MICHIGAN?

Generally speaking there are two types of custody in Michigan, physical custody and legal custody.  Physical custody is the traditional type of custody most people think of when talking about custody, that is with whom does the child spend the majority of the time.  Legal custody refers to joint decision making for the child about important life decisions, such as where they attend school, medical care decisions, religious upbringing and other such important considerations.  It also grants equal access to the child's school, health and other records.  In addition, in cases where there is joint legal custody, neither party may move more than two hundred (200) miles from where they resided at the time of entry of the judgment of divorce without the approval of the other parent or the court.
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Sunday, June 2, 2019

What Is Imputation of Income in a Michigan Divorce?


In some divorce cases it can be hard to properly determine a person's income for purposes of calculating alimony or child support.  This could be due to the manner of the person's work or where they work; such as working for the family business, being self-employed, working on a "cash" basis or seasonal employment.  It can also be due to someone quitting a job, refusing to get a job or refusing to go back to work.  The courts and the Michigan legislature have determined that they do not want an individual to avoid paying support, paying too little support or too much support because of this situation.  Therefore, the courts will impute income to a party.
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Wednesday, May 29, 2019

What Happens if I Want to Move Out of Michigan With My Kids?


If you are divorced and have children, you are probably aware that in most cases neither parent is allowed to move more than one hundred (100) miles from where they resided at the time of the divorce.  Unfortunately, it sometimes becomes necesarry to relocate after a divorce due to a change in employment, a new marriage or other reasons.  When that happens, if the other parent does not agree to allowing the move, then the parent seeking to move must file a motion requesting that the court enter an order allowing the move. 

The Complicated Law Behind a Relocation After Divorce 

 If a parent has sole legal custody (which is unusual), then the parent should be able to file the motion and the court should basically grant it at the first hearing.  However, if you have joint legal custody, which is the situation in most cases, then the process is very complicated and will require an evidentiary hearing which is basically a trial in front of the judge about this issue.


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Saturday, May 25, 2019

Seven Tips for Helping Parents Through a Custody Battle


Custody battles are some of the most heated battles in family court. Parents who cannot agree to a custody and visitation schedule can put each other and their children through a traumatic, lengthy court battle. A
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Tuesday, May 21, 2019

Top Seven Things to do Before Beginning a Divorce


If you are contemplating a divorce, there are several things you should do before you begin the divorce process. The steps below are general steps that apply in most cases. Because your case is unique, you may also want to consult with a
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Friday, May 17, 2019

Adoptive Mom of 7 Allegedly Abused Kids


As a North Oakland, Michigan divorce attorney, one of the most gratifying parts of practicing family law involves stepparent adoptions.

Seeing clients emerge from a divorce and find happiness again with another person is wonderful. But when that new mate wants to pursue a


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Monday, May 13, 2019

After a Divorce, Who Pays for Child Care?


In Michigan, child care is included in child support until the first August after a child's twelfth birthday.  After that, the parties can agree to share the costs of child care or each parent will be responsible for paying for child care that is required during that parent's court ordered parenting time with the child.  

How Much Does Each Party Pay Toward Child Support?

There are four basic components of child support.  There is the base child support, which is determined primarily by the incomes of each parent and the number of overnights the children have with each parent.  There are also three supplements; the healthcare supplement, the ordinary medical care supplement and the child care supplement.


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Thursday, May 9, 2019

Never Try to Represent Yourself in a Divorce Case.


Never Try to Represent Yourself in a Divorce Case.

Some people believe that it is ok to go through a divorce without an attorney.  When that happens the court considers that person to be acting as his or her own attorney.  The legal term for a person that represents her or himself is in propria persona.  In Michigan, the court are required to hold a person acting in propria persona to the same standards as an attorney or member of the state bar.


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Sunday, May 5, 2019

You Are the Most Important Witness in Your Divorce Case.


In all divorce cases, the court will schedule a deadline for the parties (the people getting divorced) to submit witness lists to the court.  Clients always ask who they should list as witnesses for the case or whom does the judge want to hear from about the case.  In virtually every case, the two most important witnesses that the judge will want to hear from is the two people actually getting divorced.  Your attorney will be able to provide expert witnesses to testify regarding finances, business valuation, real estate appraisals and even which school would be better for the children to attend, but in the end, the court's decision will come down to the testimony of the two parties and the arguments of their attorneys.

​Working With Oakland County, Michigan, Divorce Lawyers Can Help Develop Your Testimony.


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Wednesday, May 1, 2019

How Does a Judge Decide Who Gets What in a Divorce

When it comes to a divorce, most of the time the parties (the people getting divorce) and counsel negotiate the division of the parties assets, debts, real estate and personal property.  This is called the property settlement or property division part of the case.  Sometimes the parties are able to reach an agreement on how to do this between themselves with some guidance from the attorneys, then the attorneys prepare the appropriate documents to accurately reflect the agreements and make them legally binding.  In many cases the parties are not able to reach an agreement between themselves, 


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Saturday, April 27, 2019

What if My Spouse Refuses to Transfer Me My Share of Property After a Divorce?


Sometimes people who are facing a divorce are concerned that their husband or wife will simply refuse to transfer assets or somehow avoid it.  This is a particular concern for the spouse that has the lower income or where the other spouse has always had control of the finances and retirement accounts.  In some of these situations, the other spouse will refuse to provide even basic information or account statements.  Other cases there are situations where one spouse will hide all of the statements or lock all the financial information away in a cabinet that the other spouse does not have access to.

 

Forcing Division and Transfer of Property in a Divorce 

Fortunately there are many ways that the attorney is able to determine where the money is invested and the value of those investments.


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