Divorce and child custody cases involve a great deal of emotion and can be very stressful.  We want to listen to your problems and try to come up with the best possible solution for you and your family. As a divorce and child custody attorney, I have helped clients across Michigan navigate their ways through difficult times.

If you are involved in a divorce or child custody matter, you need an attorney that can give you honest answers to your difficult questions. You need a lawyer you can trust. 

Specific practice areas include:

Contact us today to schedule a free divorce consultation.

MICHIGAN DIVORCE PROCEDURES

All divorces have some common elements. This may include filing of the following documents:

1. Summons. This document notifies the other spouse that he or she is being sued and has 21 days (28 days if served by mail) to respond. If the other party doesn’t respond, a default may be entered.
2. Complaint. The complaint states the names of the parties, where, when, and by whom they were married, names and birthdays of any minor children, wife's and husband's name before marriage, length of residence in county and state, date of separation, grounds for divorce, a statement as to property and debts, and the relief requested. Michigan law mandates that a party must reside in Michigan for 180 days and in the county where suit is started for at least 10 days prior to the date of filing.
3. Affidavit of Service and Return of Service is filed when service is made.
4. Uniform Child Custody Jurisdiction Enforcement Act Affidavit. This document alerts the court about where the children have resided in the past five (5) years and that no custody action is pending regarding the children. In order to have jurisdiction to award custody, the children must have resided in the state for at least the past six (6) months.
5. Verified Statement to the Friend of the Court. This document informs the Friend of the Court of the essential facts such as names, addresses, employers, incomes, social security numbers,  etc. If the parties will elect to “opt-out” of the FOC system, this is not required, but a motion must be filed.
6. Record of Divorce. This is a statistical record required by the state.
7. Motions for Injunctions / Orders. Sometimes a spouse may be concerned that upon learning of a pending divorce action, a spouse will secrete assets. Sometimes attorneys file motions to preserve the status quo to prevent dissipation of assets. If you have any reason to believe that you may need a status quo order, you will want to tell your attorney your concerns. She will explain this procedure to you in detail and ask if you want an Injunction.

Ex Parte Orders. Motions to preserve the status quo are sometimes filed to ensure that the children’s residence is not changed prior to entry of a temporary custody, parenting time, and support order.  Such motion must be verified by oath or affidavit. A temporary injunction or order ,may be issued restraining a party from selling, disposing or dissipating assets. Other types of injunctions may be requested.

1. Filing Fee.  At the time of this writing (January 2007) the filing fee for a divorce is $150. If there are children, the filing fee is $230. Other costs may be incurred during the proceedings, and also for the cost of serving papers and entry of Judgment.
2. Other costs. If your divorce is contested, you may incur other costs for such things as appraisals of assets, expert witness fees, transcript costs for depositions, etc.
3. Notice of Hearing, Motions, and $20.00 Filing Fees. Sometimes in the course of a divorce, your attorney may have to go to court to get your spouse to cooperate with discovery or to enforce the terms of a temporary order.  A Motion is filed with the court for some type of relief. A Notice of Hearing advises when and where a hearing will be held. There is a minimum filing fee of $20 for each Motion that is filed.

The Plaintiff is the party who files the lawsuit and the Defendant is the person against whom the case is started.  Each county has an office of the Friend of the Court. Their job is to assist the Court. The FOC usually investigates the incomes and circumstances of the parties and makes recommendations about alimony, support, custody, and visitation rights. They also collect and distribute alimony and support payments. The FOC may cooperate to seek enforcement of court orders dealing with support, visitation rights, and alimony.

Once the Complaint and Summons is served, the Defendant must file an answer to the Complaint. If service is made in person, the Defendant has 21 days to respond. If service is made by mail, he or she will have 28 days to respond. Your attorney may extend the deadline. An answer to the lawsuit is, in effect, a response to each paragraph of the Complaint.

Once the answer is filed, the case is contested (in some jurisdictions a Praecipe must be filed with the answer).  If the Defendant fails to respond, an order of default is entered and the matter becomes an uncontested divorce case.  Sometimes the Defendant may not only answer the Complaint, but may also file a Counter Claim. If that occurs, then the Counter Claim must be answered by the Plaintiff in a timely fashion.

Michigan law compels the parties to wait at least 60 days before the Judgment of Divorce is granted, but if there are minor children then the waiting period is 6 months. Sometimes the 6-month period may be waived if your attorney makes a proper showing of good cause why the waiting period should be waived, but this rarely occurs. The court requires a “pro confesso” hearing before granting the divorce, which means that a witness testifies that the facts set forth in the Complaint are true. A witness is not necessary if the matter is uncontested when heard by the Court.

Temporary orders for custody, support, alimony, mortgage payments, medical payments, visitation, injunctions, and other relief will usually be requested when you file your divorce case. Final orders are entered as part of the Judgment of Divorce.

Temporary orders of support are usually based on a the Michigan Child Support Formula. Generally, alimony and support are based on needs and ability to pay. The Court may take into consideration the life-style of the parties in entering support orders.

If child custody is disputed in your case, the Court will have to consider and make findings of fact on each of eleven factors listed in the child custody act. Sometimes the parties will request psychological evaluations to assist the court in making a decision about who the primary custodial parent should be. If this is true in your case, you will want to spend a lot of time consulting with your attorney about the procedures, the preparation, and the strategy of your case.

Sometimes the Court may order your spouse to pay temporary fees to assist you with the costs of obtaining counsel.  A motion filed with the court will be required to obtain this kind of relief.

CHILD CUSTODY
East Lansing / Lansing, Michigan Child Custody Lawyer

As a family law and divorce attorney serving clients in Lansing, East Lansing and throughout Michigan, I have successfully assisted both mothers and fathers negotiate through even the most complicated custody cases. 

Issues involving children are often sensitive and complicated.  In such situations, you need a family law attorney who is professional and honest. 

When I meet with clients dealing with child custody issues, I strive to be as honest as possible. 

How is Child Custody Determined in Michigan?

The judge will award custody to that parent based on what the court believes is in the “best interests of the child,” as defined in the Michigan Child Custody Act.  

• First, the judge must decide whether the child has an established custodial environment with one or both parents.  A child has an established custodial environment if over time the child naturally looks to the parent in that environment for guidance, discipline, necessities and parental comfort.  If the child has an established custodial environment with one parent, the judge cannot change it unless there is “clear and convincing” evidence that it is in the best interests of the child.
• Second, the judge must consider and evaluate the 12 best interest factors, which are listed below.

 What Does the Court Consider in Determining Child Custody?

• The judge will listen to testimony and evidence from the parties, family, teachers, expert witnesses, and others. Tangible evidence will also be examined such as school records and medical reports.

What are the Criteria that the Court uses in Determining Custody?

• As the judge listens to the testimony and reviews the evidence, he or she will compare the two parents based on the following list of 12 factors in the Child Custody Act of Michigan. The court in effect considers which parent outweighs the other in each area and then evaluates the parents overall in order to determine in whose custody will be in the best interests of the child. 

• The love, affection, and other emotional ties existing between the parties involved and the child.
• With whom does the child bond more?
• Who does the child approach with a problem?
• Who empathizes more with the child?
• Who spends more hours per day with child?
• Who prepares the child’s meals?
• Who bathes and/or puts the child to bed, and reads the child stories?
• Who has the ability to separate the child’s needs from one’s own?
• To whom does the child openly show signs of affection?
  
  
• The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
• Who stays home from work if the child is sick?
• Who takes responsibility for involvement in educational matters?
• Who is responsibility for involvement in extracurricular activities?
• Who disciplines the child, and how?
• Is there verbal abuse, and by whom?
• Does one parent enable extended family involvement more than the other with grandparents, uncle, aunts, and others?
• Who has involved or might involve the children in a religious creed

• The capacity and disposition of the parties involved to provide the child with food, clothing, and medical care or other remedial care recognized under the laws of this state in place of medical care, and other material needs.
• Who makes purchases for the child?
• Who attends to special needs of the child?
• Who has greater earning capacity?
• Who is able to adjust working hours based on the needs of the child?
• Who has better certainty of future income?
• Who can provide health insurance for the child?
• Who schedules and takes the child to medical appointments?
• Who arranges for childcare?
• Differences in income capacities of the parents or a parent’s reliance on public assistance should not be decisive. The court can require child support and alimony to minimize the differences.
  
  
• The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
• Who has provided up until the trial, and who can provide in the future, a stable, secure, and safe environment?
• Who can provide continuity?
• In a custody dispute taking place within a divorce case, as compared to a case occurring later after the divorce, where the child was living with both parents, neither parent necessarily has an advantage here. However, if the parents were separated for some time before the divorce proceedings began, the parent having temporary custody from the start of the case and until the actual custody trial later, may have an advantage in the later custody trial, depending upon how long that temporary period was. This factor is particularly relevant in a later custody hearing after a divorce has occurred and a parent is seeking a change of custody.

• The permanence, as a family unit, of the existing or proposed custodial home or homes.
• In whose custody will the family unit not be split?
• This factor focuses on the permanence of the family unit, not the acceptability of the homes or any child care arrangements. 

• The moral fitness of the parties involved.
• Have there been extra marital affairs known by the child?
• Has there been physical or verbal abuse, alcohol or other substance and drug abuse, poor driving records, physical or sexual abuse of the children, criminal records, or other illegal or offensive behaviors?
• The judge must assess whether or not any of these behaviors, including a parent living with another person, has had a negative effect on the child or a significant influence on that parent's parenting skills.

• The mental and physical health of the parties involved.
• Does either party have a physical or mental health problem that significantly interferes with the ability to care for the child’s well being?
• Age of parents compared to age of child.
• It is important to determine if any disability has an impact on actual parenting. Otherwise, such illnesses may be considered irrelevant.  

• The home, school, and community record of the child.
• Who better encourages and influences attendance at school?
• Who is actively involved in school conferences and activities?
• Who can more adequately assure the child’s access to friends and peers?
• Who can more supervise the child’s home responsibilities?
• Who takes responsibility for completion of school assignments?
• Who can assist in reducing the necessity for other agency involvement (juvenile court, FIA or protective services)?
• This factor may not be relevant for a very young child who has not established a home, community or school record.

• The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
• The judge will attempt the sensitive task of assessing, whether the child prefers to live with either of the parents. The older and more mature the child is the more weight the court will give to this factor. It is up to the judge to decide whether a child is of a sufficient age to state a preference.  Courts have considered children as young as 8 old enough.  The judge will interview the child in private rather than taking the child’s testimony in court.  In the interview, the judge may not cover matters other than the child’s preference.  Parents are cautioned to be careful about questioning a child about his/her preference since  the child may feel “on the spot”, and will not want to feel guilty by hurting either of the parents.
  
  
•  The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
• Who can best cooperate with the parenting time schedule?
• Does either parent criticize the other parent in front of the child?

• Domestic violence, regardless of whether the violence was directed against  or witnessed by the child.
• Have there been incidents of violence in the home by any party against any party?
• If so, have there been police reports, arrests, or convictions?
• Has there been a pattern of domestic violence, including physical and non-physical abuse, reported or not?
  
  
• Any other factor considered by the court to be relevant to a particular child custody dispute.
  • Who can most likely address the special needs of the child?
  • Has either parent threatened to kidnap the child?
  • Has either parent failed to exercise parenting time, or failed to return the child?
  • Are there other children, whether a part of the impending litigation or not, whose custody is relevant to the child’s best interests?
  • Are there significant others or new spouses whose relationship with the child affects the child’s best interest? The court will want to view the entire home
  • Is there an issue regarding separating two or more of the children?

As part of my practice as a family law attorney in Lansing, Michigan, I have encountered numerous issues of every shape and kind. 

In some cases, even after the Judgment of Divorce has been entered the divorce is not “final.”  For instance, the judgment may provide that a party execute a document within a certain number of days following entry of the Judgment.  However, a party may neglect to do so.  Consequently, a motion will need to be filed with the court to order the non-moving party to execute the document. 

If you are having difficulty getting results on your own, please contact me today to speak with an honest family law and divorce lawyer located in Lansing, Michigan.