#10 Child Visitation Basics.

By Attorney Terry Ray Bankert
810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/Articles on Divorce and lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html
Do you need help now? Call 810 235-1970 !
*****
Date: 09/20/2006

These frequently asked questions will help you sort out your concerns about child visitation after a divorce or separation. Michigan law clearly creates a right of a child to parenting time with a parent unless it is shown at trial by clear an convincing evidence that parenting time would endanger the child physical, mental, or emotional health.

What does "reasonable visitation" mean?When a court determines the visitation rights of a noncustodial parent, it usually orders "reasonable" visitation , leaving it to the parents to work out a more precise schedule of time and place. This language is found most often in the initial temporary order. But let me point out here that it is you and your attorney that are negotiating parenting time.

Judges most often are signing what you have agreed to. Reasonable visitation allows the parents to exercise flexibility by taking into consideration both the parents' and the children's schedules. Practically speaking, however, the parent with physical custody has more control over the dates, times and duration of visits. He or she isn't legally obligated to agree to any particular schedule, but judges do take note of who is and who is not flexible.

If you are inflexible, merely to vex your ex, it can backfire when you need to ask the court for something in the future. The parents have to cooperate and communicate frequently, for the reasonable visitation approach to succeed. If you suspect right off the bat that reasonable visitation won't work, insist on a fixed schedule and save yourself time, anger, and possibly money.

If you've already agreed to reasonable visitation and it isn't working out -- for example, one parent is consistently late, skips scheduled visits or doesn't inform the other parent where he or she is planning on taking the children -- you can go back to court and ask that the arrangement be changed. When there is a dispute the elements of a custody decision also apply to the parenting time orders by the court.What is a fixed visitation schedule?Sometimes courts will set up a detailed visitation schedule, including the times and places for visitation with the noncustodial parent -- for example, every other weekend or every Tuesday and Thursday evening.

A court will be inclined to order a fixed schedule if the hostility between the parents is so severe that the need for regular contact between them may be detrimental to the child. A fixed visitation schedule can still be generous. But it just removes opportunities for one party to control the other's time and allows the children to experience predictability, in an often unsettling period.

My ex-spouse was physically abusive to me and the children. How can abuse be prevented during visits with the children?

When a noncustodial parent has a history of violent or destructive behavior, especially toward the child, the court often requires that visitation between that parent and the child be supervised. This means that an adult (other than the custodial parent) must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed on by the parents or appointed by the court. No matter how the adult is chosen, he or she should be approved by the court that ordered the supervised visitation.

If you have parenting time disputes first try to work it out between yourselves, with your pastor or the friend of the court. Returning to court should be your last resort. Remember your children are watching how you conduct yourselves in your divorce. Your actions will affect them emotionally and their future conduct in their own marriage.

The ‘ Best Interest Factor” are used to help in determining visitation.

Example of parenting time captian and order. [Michigan]

PARENTING TIME WITH THE MINOR CHILDREN

IT IS FURTHER ORDERED that the [] Plaintiff [] Defendant shall have the right to see and visit with said minor children at all reasonable times and places. In the event that the parties cannot mutually agree as to what is reasonable, they shall each be bound by the following;

1. The [] Plaintiff [] Defendant shall have the right to have the minor children on alternate weekends from 6:00 p.m. Friday evening until 6:00 p.m. Sunday evening.

2. This party shall have parenting time the weekend of : 00/00/2004

3. The [] Plaintiff [] Defendant shall have the right to have the minor children on alternate holidays, commencing from 9:00 a.m. until 9:00 p.m., said holidays being New Years, Easter, Memorial Day, Fourth of July, Labor Day, Halloween evening, and Thanksgiving.

4. The Father shall have the right to have the minor children with him every Father's Day, from 9:00 a.m. until 9:00 p.m., irrespective of whether Father's Day falls on a Sunday when the Father would not otherwise be entitled to his parenting time.

5. The [] Plaintiff [] Defendant shall have the right to have the minor children on Christmas Eve of alternate years, from 6:00 p.m. Christmas Eve until 12:00 noon Christmas Day, and the following year on Christmas Day, from 12:00 noon until 9:00 p.m.

6. The Defendant shall have the right to have the minor children on each alternate birthday of the children, commencing with the next birthday of the children from 9.00 a.m. until 9:00 p.m.

7. The Mother shall have the right to have the minor children with her on Mother's Day every year, irrespective of whether Mother's Day falls on a Sunday when the Mother would otherwise be entitled to her parenting time.

8. The Defendant shall have the right to have the minor children for 2 successive weeks each summer (or summer school vacation). In the event that the parties cannot agree, the 2 weeks shall be the first full 2 weeks in August.

9. Further, that the scheduling of the holidays as hereinabove set forth shall take the first order of precedence regarding any conflict which may arise between holidays, vacations and/or alternating weekends. Vacations shall take precedence regarding conflicts in scheduling with weekends.

IT IS FURTHER ORDERED that the Defendant shall have the right to see and visit with said minor child at all reasonable times and places.

*****
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/
Articles on Divorce and lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

Do you need help now? Call 810 235-1970 !

#9 Child Custody Basics

By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/
Articles on Divorce and Lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html
Do you need help now? Call 810 235-1970 !

Child Custody Basics

When parents divorce, the divorce judgement will specify with whom the divorcing couple's children will live (and circumstances under which the other parent will visit with the children).

Often, parents work out these arrangements between themselves, either completely voluntarily or with the assistance of their attorneys , pastor, or a mediator. When they are unable to reach a decision, however, or when unmarried parents are unable to agree on who will have custody of their child, the court may intervene and make a decision based on the child's best interests.

In most situations, physical custody is awarded to one parent with whom the child will live most of the time. Often, however, the custodial parent shares "legal custody" of the child with the non-custodial parent. "Legal custody" includes the right to make decisions about the child's education, religion, health care, and other important concerns.

Some parents have chosen a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents. Proponents of this arrangement say it lessens the feeling of loss that a child may experience in a divorce. Critics, however, say that it is best for the child to have one home base, with liberal visitation allowed to the "non-custodial" parent. Because joint custody requires a high degree of cooperation between the parents, courts are reluctant to order joint custody unless both parents are in agreement and can demonstrate the ability to make joint decisions and cooperate for the child's sake.

Another option, although much less favored, is split custody, in which one parent has custody of one or more of the parties' children, and the other parent has custody of the other(s). Courts usually prefer not to separate siblings, however, when issuing custody orders.

When the child's parents are unmarried the mother often is awarded sole physical custody unless the father takes action to be awarded custody.

In deciding who will have custody, the courts consider various factors. The overriding consideration is always the child's best interests, although that can be hard to determine. Often, the main factor is which parent has been the child's "primary caretaker" (more on this below). If the children are old enough, the courts will take their preference into account in making a custody decision.

A party involved in a child custody matter should become acquainted with the Child Custody Act of 1970, and study and be prepared to give their reasons for wanting custody pursuant to the following factors:

(a) The love, affection, and other emotional ties existing between the parties involved and the child;

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and continue the education and raising of the child in his or her religion or creed, if any;

( c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other marital needs;

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity;

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes;

(f) The moral fitness of the parties involved;

(g) The mental and physical health of the parties involved;

(h) The home, school, and community record of the child;

(I) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference;

(j) 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;

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child; and

(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
When there are custody disputes, the parents must be advised as to joint custody:

(1) At the request of either parent, the court shall consider an award of joint custody, and shall state why joint custody may or may not be consider by the court. The court shall determine whether joint custody is in the best interest of the child by following factors:

(a) The factors enumerated above.

(b) Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.

(2) If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record, that clear and convincing evidence affecting the welfare of the child dictates otherwise.

(3) That if the court awards joint custody, the court may include in its award a statement regarding when the child shall reside with each parent, or may provide that physical custody be shared by the parents in a manner to assure the child continuing contact with both parents.

(4) During the time the child resides with a parent, that parent shall decide all routine matters concerning the child.

(5) If there is a dispute regarding residence, the court shall state the basis for a residency award on the record or in writing.

(6) Joint custody shall not eliminate the responsibility for child support. Each parent shall be responsible for child support based on the needs of the child and the actual resources of each parent. If a parent would otherwise be unable to maintain adequate housing for the child and the other parent has sufficient resources, the court may order modified support payments for a portion of housing expenses, even during a period when the child is not residing in the home of the parent receiving support.

In addition to the above factors, there is a preference for the parent who can demonstrate that he or she was a child's primary caretaker during the course of the marriage.

In custody cases, the "primary caretaker" factor became important as psychologists began to stress the importance of the bond between a child and his or her primary caretaker. This emotional bond is said to be important to the child's successful passage through his or her developmental stages, and psychologists strongly encourage the continuation of the "primary caretaker"-child relationship after divorce, as being vital to the child's psychological stability.

When determining which parent has been the primary caretaker, courts focus on direct care-taking responsibilities, such as:
1. Bathing, grooming, and dressing;
2. Meal planning and preparation;
3. Purchasing clothes and laundry responsibilities;
4. Health care arrangements;
5. Fostering participation in extracurricular activities; and
6. Teaching of reading, writing, and math skills.

Other factors may be considered as important when determining primary caretaker status. Even such things as exposure to second-hand smoke and volunterism in the child's school have been considered in a primary caretaker analysis. While, in the past, the primary caretaker preference seemed just another way to award custody to mothers, as more and more men share parenting responsibilities, this preference does not necessarily favor mothers. When it is apparent that both parents have equally shared parenting responsibilities, courts once again will fall back on the "best interest" standard in determining custody.

*****
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/
Articles on Divorce and Lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

Do you need help now? Call 810 235-1970 !

DIVORCE OVERVIEW , MICHIGAN

By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/

Articles on Divorce and Lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html


Do you need help now? Call 810 235-1970 !

#17 Domestic Violence
http://terrybankert.blogspot.com/2006/11/17-domestic-violence.html

#16 Parenting time enforcement
http://terrybankert.blogspot.com/2006/10/16-parenting-time-enforcement.html


#15 Paternity
http://terrybankert.blogspot.com/2006/10/15-paternity.html

#14 Collecting Child Support
http://terrybankert.blogspot.com/2006/10/14-collecting-child-support.html

#13 Modification of Child Support
http://terrybankert.blogspot.com/2006/10/13-modification-of-child-support.html

#12 Modification of Custody and Parenting time.
http://terrybankert.blogspot.com/2006/09/12-modification-of-custody-and.html

#11 Child Support Basics
http://terrybankert.blogspot.com/2006/09/11-child-support-basics.html

#10 Child Support Basics
http://terrybankert.blogspot.com/2006/09/10-child-visitation-basics.html

#9 Child Custody Basics
http://terrybankert.blogspot.com/2006/09/9-child-custody-basics.html

#8 Answering the Divorce Complaint
http://terrybankert.blogspot.com/2006/09/8-answering-divorce-complaint.htm

#7 Understanding the Divorce Process
http://terrybankert.blogspot.com/2006/09/7-understanding-divorce-process.html

#6 Reaction of Children to Divorce.
http://terrybankert.blogspot.com/2006/09/6-reaction-of-children-to-divorce.html

#5 Alternatives to Divorce.
http://terrybankert.blogspot.com/2006/09/5-alternatives-to-divorce.html

#4 The Divorce process. Do’s and Do not’s
http://terrybankert.blogspot.com/2006/09/4-divorce-process-dos-donts-and-few-of.html

#3 Child support, Friend of the Court and getting help with unpaid child support.
http://terrybankert.blogspot.com/2006/09/3-child-support-friend-of-court-and.html

#2 Money and property in marraige and divorce.
http://terrybankert.blogspot.com/2006/09/2-money-and-property-in-marraige-and.html

#1 What is Marraige.
http://terrybankert.blogspot.com/2006/09/1-what-is-marraige.html



By Attorney Terry Ray Bankert 810 235-1970

http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/

Articles on Divorce and lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

Do you need help now? Call 810 235-1970 !

#8 Answering the Divorce Complaint.

By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/


Do you need help now? Call 810 235-1970 !

09/20/2006

After a divorce complaint is filed with the court, the Plaintiff (the spouse who filed , usually through his or her lawyer) makes sure that the petition is "served" (legally delivered) on the other spouse. The spouse who has been served with the divorce complaint is called the Defendant in the divorce process. He or she must respond to ("answer") the complaint within a certain time ( three weeks or 21 days if the Defendant lives in Michigan 28 days if outside Michigan).

Attorneys often make informal agreements to extend the filing date of the answer. If acted on quickly most Family Court Judges in Genesee County MI will set aside the default in divorce actions.

It might help to think of the divorce process as a lawsuit (which it technically is), so that when you are served with a divorce complaint it is like being sued. You must respond to the allegations in the petition within a short time (21 days), or you will lose your right to argue your position on issues like property division and child custody.

The answer filed should be bland and a counter claim withheld if there is a calm negotiating environment. Words do hurt, the anger reflected in emotionally answered pleadings will affect the other parties willingness to negotiate and after the divorce as parenting keeps the parties in contact will impact the children of this divorce.

Preliminary discussions might include marriage counseling with a pastor or another professional if reconciliation is a possibility. Also discussed should be an interim arraignment , a temporary order , and dispute resolution alternatives.

What Does the Answer Contain?

In a nutshell, the answer acknowledges the Defendants receipt of the divorce complaint, and states agreement or disagreement with the complaint. As with the complaint, the answer filed can influence the tone and direction of the process.

More specifically, the Defendants answer should clearly state his or her position on the filing spouse's statements and proposals found in the divorce complaint - including information about the spouses and marriage; and requests for child custody, property division, and support.

Agreement or disagreement with the information and demands contained in the complaint can often be declared by stating "admitted" or "denied," in sections numbered to correspond with the statements or demands made in the petition.

For example, assume that at Paragraph 3 of the complaint for divorce, the filing spouse declares that he or she is entitled to sole physical custody of the couple's children. If the Defendant feels that he or she is (at minimum) entitled to joint custody, then the Defendant would make that position (and reasons supporting that position) clear in the answer. The Defendant will state "the allegations in Paragraph 3 are admitted or denied." The Defendant would then be able to support this denial with a brief statement, and make his or her own custody demand in the answer.

The answer must be given to the Plaintiff directly or through an attorney. You do not need a process server you can mail it.

Failure to Answer -- Default

If the divorce complaint is properly served on the Defendant, and he or she doesn't answer it, the court will likely assume that the Defendant agrees to the divorce on the terms that the filing spouse set in the complaint, and a "default" will be entered in the case -- meaning that by failing to answer the divorce complaint, the Defendant's right to argue any part of the divorce has ended.

If a default is entered against a spouse who failed to answer a complaint, he or she may be able to ask the court to remove or "set aside" the default so that the divorce can be contested, but the Defendant will need to show sound legal reasons that justify such a move.

****

By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/

Do you need help now? Call 810 235-1970 !

#7 Understanding the Divorce Process.

By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/
Do you need help now? Call 810 235-1970 !

Date 9/15/06
Where to File for Divorce

State courts have power (or "jurisdiction") over divorce proceedings, here it will be the Genesee County Circuit Court , so the spouse seeking a divorce files an initial document called a divorce "complaint". Michigan has a specific family court division where the divorce petition is filed and the case is heard.http://www.lasuperiorcourt.org/locations/

Do I have to live in a state to get a divorce there?

All states require a spouse to be a resident of the state -- often for at least six months , Michigan, and sometimes for as long as one year -- before filing for a divorce there. Someone who files for divorce must offer proof that he or she has resided there for the required length of time. Only three states -- Alaska, South Dakota and Washington -- have no statutory requirement for resident status.

If you think that your spouse will file for divorce in another state, it may be prudent to spend the money up front and file first -- in your home state. Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere you could rack up a lot of traveling expenses. Also, any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support , must be filed in the original state. This could keep you traveling out of state for years to come, especially if you have children with your spouse.
Can one spouse move to a different state or country to get a divorce?

If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else. The courts of all states will recognize the divorce.

If you receive documents from a foreign country, you may want to consult an attorney to advise you of whether your state court or the foreign court governs the issues. This depends on many factors, such as which particular country is involved, where the parties lived and for how long and, of course, whether children are involved.

Filing and Serving the Divorce/Dissolution Petition

The divorce/dissolution Complaint is a legal document that is filed in court by a spouse who seeks a divorce. Also called the "petition" in some states, the complaint informs the court of the filing spouse's desire to end the marriage, and its filing with the court signifies the initiation of the divorce process. Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun (more on serving the petition below).

Contents of the Divorce Complaint: Information and Requests

While specific requirements and formats vary from state to state, the divorce/dissolution petition typically contains the following information:
Identification of the spouses by name and address;
Date and place of marriage;
Identification of children of the marriage;
Acknowledgement that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;
Grounds for divorce; There has been a breakdown in the Marital relationship and the bonds of matrimony have been broken. Specific fault does not have to be stated.
Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.

Contents of the Divorce/Dissolution Petition: Temporary Orders

In addition to the information described above, the divorce complaint may ask the court to put temporary "orders" in place on certain family and financial issues while the divorce process is ongoing. If approved, these orders usually stay in effect until the divorce becomes final. These temporary orders may pertain to issues such as:
Which spouse will have primary (physical) custody of the child(ren);
Child visitation schedule for the non-custodial spouse;
Payment of child support;
Payment of spousal support;
Which spouse will live in the couple's house or primary residence;
Payment of bills and other financial concerns
*****
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/Do you need help now?
Call 810 235-1970 !