According to the Michigan Attorney General, parents who use medical marijuana will not be disqualified from visiting their children or even getting custody of their children. But this isn't an absolute rule. Like most family court decision, judges have the ability to look at the circumstances on a case-by-case basis.
]]> Once a judge is aware of the approved use of a controlled substance, like marijuana, the judge can determine if that use presents and unsafe or unhealthy environment for the children.One thing that the judge can't do in this situation: determine whether or not the parent should qualify for the use of medical marijuana.
The Attorney General released this opinion after a state legislator posed a question to him on the matter. The response only refers to those people who approved by Michigan to use marijuana for the purpose of alleviating illness or growing it for others to use medically.
Michigan parents who share custody or have visitation right to their children should be aware of this opinion. If a judge ever tries to limit those parental rights based on a medical use of a controlled substance, parents should consult with an attorney. A family law attorney can help protect those rights and remind the court that it needs to look out for the best interests of the child above and beyond the mere fact that a parent may use marijuana for medical purposes.
Source: WLNS 6, "AG: Medical Marijuana Doesn't Spoil Custody Cases," May 10, 2013
]]>Recent statistics out of Michigan show, however, that the number of repeat teen mothers dropped. This means that there may be fewer incidents of child custody disputes, and less of a need for the courts to step in and make determinations on legal custody and visitation rights for parents. Michigan's overall teen birth rate also dropped. On the other hand, the number of adult unmarried mothers increased in Michigan.
]]> Michigan League for Public Policy (MLPP) released the analysis, which looked at indicators for pregnant women and newborns during the years 2003-2005 and 2009-2011. For teens that already gave birth, the number of repeat births fell by 9%. The rate of unmarried mother increased by nearly 20%. This puts Michigan right in the middle of both stats when compared to all other 50 states.In 2011, almost half of the women who gave birth were not married. Cited as a reason for this increasing number is the higher unemployment rate. Unemployment may cause men especially to put off on getting married. Although parents may believe there is a good reason not to get married, the lack of legal recognition of the relationship may create additional family law issues. A court may need to intervene to decide who gets physical custody, and how the parents can support the needs of the child.
Source: MLive Media Group, "Michigan report: More unmarried mothers, fewer repeat teen moms (see where your county ranks)," Jonathan Oosting, May 8, 2013.
]]>But new measures recently introduced in the Michigan legislature may make the whole process much easier for state residents. The package was introduced containing five adoption-related bills.
]]> As for the details of the legislation, one measure would give biological, birth mothers 3 days (72 hours) to revoke their consent. Currently, there is no limit in place on whether the birth mom can change her mind about the adoption. The current law may leave many adopting parents with unease because the birth mom could change her mind at any point. There would be no real piece of mind.A second provision in the package would reduce the supervisory period for families who adopt children. If the adoptive child is less than a year old, the new measure would shorten the supervision down to three months from the current six. The six-month period would remain in place for children older than the age of one.
Hopefully, if passed, this new package will make the adoption process a little smoother and less time consuming for families, while continuing to look out for the best interests of the adoptive child and the birth mother. Regardless of the legislatures decisions, families considering adoption should consider working with a Michigan adoption law firm to make sure that everything in the process is completed legally and avoid any unpleasant outcomes for all the parties involved.
Source: Detroit Free Press, "Bill would make adoption process easier in Michigan," May 2, 2013
]]>Parties themselves can determine division of assets during settlement talks or if parties can't come to an agreement, a judge may determine how to divide the marital property. The parties and attorneys involved need to be aware of each other's financial assets in order to divide those assets accordingly. Unfortunately for some there may be a perceived incentive to undervalue or hide their assets to avoid sharing them with their ex-spouse.
]]> The scene recently played out with a wealthy MBA baseball team owner in California. His ex-wife received an amount during the divorce settlement and agreed to the terms of the settlement but the couple is back in court. The wife claims that her husband misled her as to the value of his baseball team. She believes she should have been awarded more money.The husband's attorney says that the wife had access to all of her husband's finances during the divorce. They say that the wife did not do her due diligence in reading the finances for the assets. The woman disagrees and claims her ex committed fraud by claiming that the team was worth substantially less than what he eventually sold it for. She agreed to the settlement because she says she thought she and her ex-husband were splitting everything equally but didn't end up being the case.
If the judge throws out the original divorce order then arguments over division of property will resume. This is a step in the divorce process that no party probably wants to take. Re-opening a divorce settlement only prevents the couple from moving on. This is why couples should speak to a Farmington Hills Divorce Lawyer to make sure that the divorce is complete successfully the first time around.
Source: Detroit Free Press, "Ex-wife: Short changed $770M in Dodger divorce," April 24, 2013
]]>The Detroit Lions safety, Amari Spievey, was recently involved in a child-support and arrested on charges of disorderly conduct and assault. The football player was due in court but the case was continued. His attorney asks that the charges be dropped because the father is cooperating and enrolled in a family violence education program.
]]> The woman involved in the dispute is the mother of their 2-year-old daughter. She was also arrested in connection with the dispute and charged with disorderly conduct and risk of injury to a child. Apparently, the two got into a fight over child support payments and the fight eventually turned physical.The mother and daughter are also attending the program. According to the father's attorney, both parties are trying to work things out. The court handling the case is located in Massachusetts but the football player is expected back in Michigan soon for off-season training as part of his one-year contract as a Lions safety.
Parents may not always agree on child support in Michigan. But there is no reason for parties to fight over the issue or to put the safety of others or their children at risk. When disagreement arise, it may be best for parents to seek the counsel of an attorney and a determination from a judge. Court-order child support is enforceable and may prevent future arguments between parents.
Source: Detroit Free Press, "Lions' Amari Spievey enrolls in family violence program; charges should be dropped," Dave Birkett, April 11, 2013
]]>A man from West Michigan recently made a major mistake by taking his children before the court reached an agreement on legal custody during a divorce proceeding. The man two his two children to Florida last year in absence of their mother's consent.
]]> While going through a divorce, the father did not drop off the children with their mother as they had agreed and instead took the 4 and 2-year-old to Florida during February of last year amidst the divorce. The children were discovered safe in Key West a short time later.The man faced a jury in the circuit county court in Mason County and the jury convicted him of one count of parental kidnapping for each of his children. The father defended himself throughout the trial but was still given a prison sentence of 28 months up to 15 years for the kidnapping.
We all know that emotions run high during a divorce, especially when children and custody and visitation rights are at issue. But parents must remember not to let these emotions get the best of them during the divorce proceedings. A rash decision may hurt them in the long run and actually diminish their right to time with their children. It is important to always speak with an attorney before making an big decision or move in these situations.
Source: Holland Sentinel, "West Michigan man sentenced to prison for parental kidnapping," April 10, 2013
]]>Sadly, for many families, the adoption process came to a screeching halt this past December when Russia signed a ban in to law that prevents U.S. adoptions. The ban left both American families and Russian children stranded in the middle of adoption negotiations. And for Michigan families considering adoption, Russia may no longer be an option.
]]> Although U.S. parents have completed over 60,000 adoptions in the past twenty years with Russia, Russian President Vladimir Putin believes that Russian children should find placement within their home country instead. Russia also claimed that it had concerns over how adoptive families in America treated the children. An 18-year-old boy recently returned to Russia stating that his adoptive family in the U.S. treated him poorly and verbally abused him.Some people say the move may even be politically motivated as retaliation against the U.S. The U.S. recently enacted a ban against Russian violators of human rights on American soil.
Regardless of the motivations, many say the ban actually hurts the children. American families know to be more willing to adopt children with disabilities or illnesses. But for now families may have to wait many years before Russian adoption is an option. Parents looking to adopt internationally could benefit from working with a Michigan adoption law firm. Working with legal representation may help avoid an roadblocks in the adoption process and prevent the heartache that is sure to follow when an adoption falls through.
Source: source publication, "Outrage, sadness as Americans barred from adopting Russian children," Jim Maceda, March 31, 2013
]]>One county in Michigan is taking a new approach to child support enforcement. The programs aims to help slacking parents instead of punishing them for non-payment. The program promises no arrest for those who seek help to resolve their outstanding Friend of the Court warrants.
]]> After two years of the program, Genese county has kept parents out of jail and put them back on the right track. The county's Friend of the Court office has the task of enforcing parenting orders, including child support payments, custody orders and arrangements of parenting time.Held at night at a local church, the program extends amnesty for participants who attend. If parents feel threatened with arrest they may never seek help. That's why the goal of the program is to reduce the concern for arrest and help parents fulfill their duties to their children.
This is a much better option than the alternative, which is jail time. Earlier this month, officials in the city of Flint sought out parents who were not making child support payments. Nineteen of these people ended up in jail for contempt and failure to pay child support.
Source: MLive, "Genesee County child support program offers no-arrest promise and information," Ron Fonger, March 23, 2013
]]>Marriage brings a legal, procedural aspect to a break up that is otherwise missing. The divorce process will separate assets, money, property and deal with child issues. Couples who don't get married may have to figure out the separation process all on their own, without any legal guidelines. Alimony, or spousal support, will not even be a possibility for unmarried couples.
]]> The decision not to get married may have its appeals but when the relationship falls apart, couple's may regret that choice. In fact, marriage may help keep people together. According to a study from the University of Michigan, married couples with children are more likely to stay together than unmarried parents.Yet the rate of marriage is declining. In the United States, over half of the children born to mothers under 30-years-old have parents who are unmarried. And these unmarried parents are quickly finding out that breaks ups are still messy and family law issues still apply even if there isn't an actual divorce.
Unmarried parents that separate still need to navigate child custody arrangements and child support orders. A family law attorney can provide some advice and guidance on these issues and help parties come to an agreement that works towards the best interest of the children involved, as well as the parents.
Source: The Week, "How divorce makes a strong case for marriage," March 20, 2013
]]>Michael Jordan, the famed Chicago Bulls basketball legend, currently finds himself at the center of a paternity dispute. He previously asked the court to dismiss the suit filed against him. A woman in Atlanta filed the lawsuit claiming that Jordan is father to her now 16-year-old son. Jordan denies these claims and says they are false accusations.
]]> Jordan already released a statement through a spokesperson that states the child's paternity was previously established in divorce filings between the mother and her ex-husband. The basketball star also filed a counterclaim, which asks for sanctions against the mother for the false claims.The mother asked the court to force Jordan to take a paternity test, a DNA test. The woman wants to change her son's last name to Jordan and requests child support. Her attorney says she is acting now because her son wants to establish a relationship with his father.
Well-recognized and famous athletes often deal with types of claims and attempts to gain child support but paternity disputes are common even for the non-famous among us. Both parties in a paternity case have the right to an attorney and any father asked to take a DNA test should consider speaking with a Michigan paternity dispute lawyer before moving forward with the process.
Source: Detroit Free Press, "Michael Jordan files to dismiss paternity lawsuit," March 4, 2013
]]>Michigan is currently working to improve one area of the court system that may alleviate even more of the stressors with divorce and custody issues. The state wants to make it possible to file complaints and court related documents electronically. This means that some things could be filed from home or at work, eliminating additional trips to the courthouse.
]]> The technology effort encompasses an e-filing initiative. The initiative hopes to establish a central electronic filing database that will be available to all Michigan courts. The new system would improve accessibility and make everything paperless.Another benefit is money saved. Electronic filing and paperless systems save money and therefore save taxpayer dollars.
The initiative is starting with Michigan's Supreme Court and the Court of Appeals and will eventually trickle down to the state's trial courts.
In Macomb County, the circuit court is already implementing e-filing working toward a paperless system. The initial area of focus was on civil cases and divorce cases that didn't involve minor children.
Courts that already have some electronic and paperless systems in place report improvements in savings on postage and paper. It also save times since court clerks aren't bombarded with pulling filings and moving them manually from one court to another.
A single, central electronic system will also improve how information is shared between courts. The new system should take roughly five years to establish.
Source: The Times Herald, "Courts across Michigan look to go electronic, paper-free," Christina Hall, March 6, 2013
]]>But child custody disputes can arise when one parent lives in Michigan and another lives in a different state, or even a different country. The differences in jurisdictions can create conflicting outcomes and can make custody extremely complicated. Visitation rights may not even be possible if one parent lives across the ocean.
]]> The Supreme Court recently weighed in on one such international child custody matter and held that the father of a young girl living in Scotland could continue with his appeals process to gain custody of his daughter. The Court's unanimously said that the matter was still active in the U.S. even though the daughter lives overseas.The father is from Alabama and his wife was born in Scotland. She eventually returned to Scotland and took their young daughter with her. A federal court previously decided that the case should stay in Scotland since that is the girl's "habitual residence." The federal court also found that the issue was moot in the U.S. since the girl no longer lived here.
The dad disputed this point, stating that the custody dispute started in the U.S. but was never completed. The Supreme Court agreed with him.
This decision could shed some light on the U.S. court's involvement in future custody fights when American law comes in conflict with international law. Regardless of whether both parents live in Michigan or one parent is here and another parent is in another location, a Michigan child custody attorney will be an excellent resource for all parties involved.
Source: CNN, "Supreme Court says overseas custody fight can continue," Bill Mears, Feb. 21, 2013
]]>But for one father in Detroit, he rightly questioned why he was still making child support payments. The man's son died of acute meningitis 25 years ago. The boy was three years old when he died. But his father was still making child support payments for the boy as of 2011.
]]> He never questioned the payments until recently because he mistakenly thought they were for another child, the brother of the deceased boy. The brother was seven years older and is currently 34 years old.A Wayne County Friend of the Court said that they were never told that the child was dead and also cited low staffing as an issue.
The father is struggling to clear his name and put this issue to rest. The process is difficult because he lives in another state than the mother and her son who both live in Kentucky.
The story highlights the importance of child support but also the fallibility of the state systems that are supposed to monitor payments. Parents should be sure to talk with an attorney if there is ever an issue with child support. This goes for both parties, the custodial parent and the paying, non-custodial parent. Many factors go into a child support order and both sides need to adequately understand the situation in order to provide for their children.
Source: Michigan Chronicle, "Detroit Man Still Pays Child Support For Son Who Died 25 Years Go," Roz Edward, Feb. 18, 2013
]]>Under the human services funding is money to help children and families. Child support enforcement can be a big problem and the 2014 budget sets aside $180 million for a program to help Michigan children get the funding and support they deserve. The program will help collect money from absent parents.
]]> The governor's decision to provide funding for the child support program could be a boon to many Michigan families. Enforcing child support payments allows children to have the resources and money that is rightfully theirs.Child support in Michigan is not necessarily negotiable and it is not up to the non-custodial parent whether or not to pay this amount stated in a court order. Courts often determine the amount of child support to be paid based on a formula, although a judge can deviate from this amount if appropriate. Because a court order is so binding, both parties may want to seek legal representation in matter to ensure the fairest outcome.
Once the court hands down an order, the amount must be paid. But the judicial system understands that life happens and circumstances may arise where the non-custodial parent can no longer pay the support amount. For this reason, child support can be modified up until the day when the child becomes an adult.
Source: WXYZ ABC 7, "Governor Rick Snyder introduces state budget plan for 2014," Feb. 7, 2013
]]>