248.608.4123
Request a Consultation

Child Custody / Parenting Time

Monday, March 11, 2019

Mom Arrested After Allegedly Abandoning Children in Freezing Car


Can one incident of poor judgment cost me custody of my children?

If you’re considered getting divorced in North Oakland, Michigan and you have minor children, deciding on who will have legal and physical custody of the children can be the most contentious or difficult part of the divorce process--especially if the parties can’t agree. In that case, the court will make the decision deciding what is in the best interest of the children and that’s not optimal since no one knows your children better than the two of you.

Both


Read more . . .


Tuesday, February 19, 2019

Overcoming Conflict Over Custody During the Holidays


Holidays can be difficult for parents and children when parents are no longer married or together. Children may feel torn between his or her parents. Parents may feel bitter and abandoned. The ideal solution is for parents to work out an arrangement that allows everyone to spend the holidays together. However, anger and hurt feelings can prevent parents from putting aside their differences to negotiate a mutually acceptable holiday custody arrangement.
Read more . . .


Monday, February 11, 2019

How Could The Divorce Court Fail to Change Custody In This Case?


How Could The Divorce Court Fail to Change Custody In This Case?

The issue of custody is one of the most difficult that a court must handle in divorce cases.  The initial decision to grant custody to one parent, the other parent or to both parents is based upon the child's "best interests".  The "best interests" of the child is actually a set of factors listed in Michigan statutes that have been enacted by the legislature.  Once the court has decided the issues of custody, it as well as parenting time and child support can be modified until the children become adults.  In order to modify the custody however, a person has to prove to the court's satisfaction that there has been a significant change in circumstances that seriously effects the child's life.


Read more . . .


Thursday, December 27, 2018

7 Strategies to Reduce Custody Stress This Holiday Season


“It is the most wonderful time of year . . .” However, it is also one of the most stressful times of the year. The holidays bring joy, laughter, and delight.
Read more . . .


Thursday, November 29, 2018

What Is Guardian Ad Litem (GAL) In A Divorce or Custody Case?


What Is Guardian Ad Litem (GAL) in A Divorce or Custody Case?

In Michigan, the entry of a judgment of divorce is final with regards to property division, division of debt and in some instances alimony.  Custody, parenting time or visitation and child support are always modifiable as well as alimony in many cases.  Unfortunately there are cases where after the entry of the divorce judgment, the parents continue to have conflict and acrimony to the extent that they often return to court to argue about these issues for years.

In such high conflict cases, the court may appoint a lawyer as the guardian ad litem or GAL in cases where the child's interests may be inadequately represented.  The GAL meets with the child and acts as the child's attorney.


Read more . . .


Tuesday, November 20, 2018

Will the Court Consider Non-overnight Parenting Time When Calculating Child Support?


Will the Court Consider Non-overnight Parenting Time When Calculating Child Support?

Typically in Michigan the court will only consider overnight parenting time when calculating child support.  This is because the Michigan Child Support Formula considers only the following specific factors: the income of the parties, health insurance provided by either parent for the children, child care or daycare expenses until August after a child's twelve birthday and the number of overnights the children spend with each parent.

However, in most cases it is worthwhile to check the guidelines manual (which is available online, just google it).  The manual provides a variety of reasons why a parent may ask the court to "deviate" from the guidelines.  The manual states that in cases where a lawyer can convince the court that the application of the formula to a particular case would lead to an unjust or inappropriate amount, the court may consider a list of other factors which would allow the court to order more or less child support than the formula mandates.


Read more . . .


Saturday, November 3, 2018

Desperate Measures to Get Full Child Custody

Q: Would having someone kill my ex-spouse get me full custody of the kids?

It’s a loaded question, but apparently one that needs to be answered for some people. Getting a divorce can be highly confrontational and emotional for some people and result in them exercising poor judgment that may land them—and others who assist them-- in legal hot water.

Some parents will do anything to get child custody. Other parents will do anything for their children--even kill. At least that’s what authorities say was the case for one Missouri woman and her father.


Read more . . .


Tuesday, October 30, 2018

Can the Court Suspend Parenting Time Without Ordering Future Review Hearings?


Can the Court Suspend Parenting Time or Visitation Without Ordering Future Review Hearings?

In Michigan, when parents divorce or separate, the court must determine custody and parenting time (parenting time is the legal term for child visitation).  The parties may agree upon custody or parenting time or if they are not able to reach agreement through mediation, then the court must make the determination based upon the statutory best interest factors.  Once the parties reach an agreement or the court makes it's decision, then the court will sign a judgment of divorce or final custody, parenting time and support order that dictates how these issues will be handled.

However, custody, parenting time and support are always modifiable, so that if there is a change of circumstances or good cause to revisit these issues, then the court may modify the previous orders.  The Michigan Court of Appeals, recently decided a case where the lower court dramatically modified its previous orders over a short time.


Read more . . .


Friday, October 26, 2018

Is It OK For a Parent to Schedule Counseling For A Child Without The Other Parent?


Is It OK For a Parent to Schedule Counseling For A Child Without The Other Parent?

Counseling for children whose parents are divorcing or have recently divorced can be a very good idea.  However, the choice of the counselor and scheduling of the counseling must be planned out and agreed upon by both parents.  There are several reasons that this is true, primarily seeking the best results from therapy for the child.  However, there are several legal reasons why this is true as well.

First, if the parents are not yet divorced, it is assumed by the court that both parents should have an equal say in important decisions regarding a child's health and welfare.
Read more . . .


Friday, October 19, 2018

What Happens if We Agree on Custody and Parenting Time in a Divorce?


Custody and parenting time are generally guided by what are called the statutory "best interest factors"  There are two types of custody, legal custody - ability to make decisions on behalf of the child such as religion and education, and physical custody which generally refers to with whom the child resides.  Parenting time refers to the schedule of where the child will be on any given day during a week, for instance the parents may agree to a parenting time schedule where the child is with mom on Monday and Tuesday, dad Wednesday and Thursday and the parents alternate weekends with the child.

Custody and parenting time are determined by the court by examining the best interest factors and applying them to the facts of each specific case.  This does not mean that the parents cannot come to an agreement regarding custody and parenting time for their children.  When the parents come to an  agreement regarding custody or parenting time, then, pursuant to statute, the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child.
Read more . . .


Archived Posts

2019
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
2013
2012

← Newer12 3 4 Older →



© 2019 Cameron C. Goulding, P.L.C. | Disclaimer
420 West University Drive, Rochester, MI 48307
| Phone: 248.608.4123

Family Law | Legal Separation | Divorce | Mediation | Appeals | Property Division | Alimony / Spousal Support | Child Custody / Parenting Time | Child Support | Visitation | Modification Orders | Relocation | Prenuptial Agreements | Post Nuptial Agreements | Grandparents Rights | Personal Protection Orders | Step Parent Adoption | FAQs | About | Our Approach | Resources

Law Firm Website Design by
Amicus Creative