Dad wins Custody, joint!

FlintFamilyLaw.com
- CUSTODY-HOT OFF THE PRESS-

This article by Flint Divorce Lawyer Terry Bankert. Family Law Attorney Bankert practices exclusively in Family Law. The Bankerts Lynn ( office manager) and Terry
( Divorce Lawyer) are there for you when you call. You will be an important client.
The Michigan Court of Appeals on 4/21/09 released the following "unpublished opinion from a case out of the Delta Circuit Court.

Issues: Custody; Whether the trial court correctly concluded an established custodial environment did not exist with either party; MCL 722.28; Fletcher v. Fletcher; Rittershaus v. Rittershaus; Baker v. Baker; Hayes v. Hayes; Foskett v. Foskett; Bowers v. Bowers
The case LC No. 08-019370-DM had as parties Ballo v. Branstrom.

THE MICHIGAN COURT OF APPEALS TOLD THE JUDGE OF THE DELTA CIRCUIT COURT THEIR DECISION WAS WRONG.

The trial court's finding an established custodial environment did not exist with either party was against the great weight of the evidence.

DAD WAS RIGHT WHEN HE ARGUED HE SHOULD HAVE JOINT PHYSICAL CUSTODY

The defendant-father appealed the trial court's order granting him and the plaintiff-mother joint legal custody and plaintiff sole physical custody of the parties' minor children. The court concluded the trial court should have determined an established custodial environment existed with both parties.

WHEN DAD IS ACTIVELY INVOLVED IN THE CHILDS LIFE HE SHOULD GET JOINT PHYSICAL CUSTODY

The testimony showed since the children's birth both defendant and plaintiff had provided for their needs. The testimony also demonstrated the children had always looked to both defendant and plaintiff for discipline, guidance, the necessities of life, and parental comfort. There was no indication in the record any of this changed after the parties separated or at any time before the divorce hearing.

THE KIDS WERE NOT SHUFFLED BACK AND FORTH

While it is true repeated custodial changes can destroy a previously established custodial environment, unlike the children in Baker and Bowers the children in this case were not shuffled back and forth between multiple homes and various states, or subjected to multiple and repeated changes in custody.

THE CHILDRENS LIVES HAD INCLUDED QUALITY TIME WITH DAD AND IT SHOULD STAY THAT WAY

The children's time was simply split between two homes in the same state, one of which they had lived in since they were born. Further, the past exchanges of the children between the parties were "not so irregular or impromptu as to create uncertainty in the children's lives or destroy their expectations of permanency." Reversed and remanded.

DO IT YOUR SELF?

Need help getting fee waives, pleading and judgement preparation? Just a few unresolved issue? We offer mediation with an attorney and pleading and order preparation at a very reasonable fee for divorce or child support adjustments.

Did you know your cost of filing could be waived?

Contact attorney Terry Bankert http://flintfamilylaw.com/ 810-235-1970

Understanding Divorce

UNDERSTANDING THE DIVORCE PROCESS

By Attorney Terry Ray Bankert 810 235-1970

My firm offers family law services: DIVORCE, child support, parenting time, child custody and Grand Parents rights. These Services through mediation are offered state wide.

Divorce litigation is offered in Genesee County Michigan. We get our message to market through, FindLaw, Terry R. Bankert P.C. Blog, dumpmyspouse, AttorneyBankert,facebook, FlintTalk,Blogging for Michigan,myspace, Flint Talk radio, Flint Journal Community blogs, CPS Courier, and WFLT 1420 am radio.

We use the internet venues to present our service to market. For instance the venue " dumpmyspouse " firm offers billboard placement and a .com address thats remembered. Our site is rich in detail with articles on Divorce, divorce law, divorce forms. I describe my services as a divorce attorney / divorce lawyer, your divorce rights, divorce custody, divorce parenting time, and the procedures of divorce in Flint Michigan and the State of Michigan.

My theory is to approach divorce and domestic actions through the eyes of the children when applicable and always from a sense of fairness and equity. State wide I offer divorce mediation services for your privacy and development of a divorce judgement both of you want not a judge.


See http://attorneybankert.com/ for 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 10/2/2008


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.

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 RequestsWhile 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;
Identific ation of children of the marriage;
Acknowledgment 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 !

#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 !