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Farmington Hills child support attorney military divorce

Divorce is a fairly common occurrence these days, especially when compared to decades ago. Recent studies show that approximately 40 to 50 percent of U.S. marriages end in divorce. Although this may be a somewhat disheartening statistic, it is a reality in today’s modern world. Regardless of whether the breakdown of a marriage was caused by infidelity, addiction, or financial problems, for many couples, legally ending their union may be better for everyone in the long run. Once a couple decides to divorce, many issues will need to be addressed, such as property and asset division, spousal support, and child support if children are involved. Child support in Michigan is determined based on various factors, but what if one or both parents are serving in the U.S. military? Service to our country can affect how child support payments are implemented. 

Legal and Parental Obligations

All parents are responsible for the emotional and financial security of their children, no matter whether they are married, divorced, separated, or they never tied the knot. This obligation applies to parents in the Armed Forces as well. Several laws exist to ensure children are provided with the necessities to live a healthy and joyful life. In most situations, the parent with the majority of the parental responsibilities and parenting time (the custodial parent) will receive child support payments from the other parent (the non-custodial parent). 

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Can Grandparents Be Granted Visitation in Michigan?If you have grandchildren, you know what a joy being a grandparent can be. After a divorce, grandparents may worry that they will not get to see their grandchildren as often as they did when the children’s parents were married. In some cases, a parent may outright refuse to let his or her children see their grandparents. This can be absolutely devastating for both the grandparents and the grandchildren. Fortunately, grandparents have certain rights under Michigan law that allow them to spend time with their grandchildren. However, these rights may be subject to certain restrictions and qualifying criteria.

How Can I Get Grandparenting Time?

Visitation with grandchildren, also called grandparenting time, is not automatically granted after a divorce. If your grandchildren’s parent(s) agrees to grandparenting time, you will have a much easier time pursuing visitation with the children. However, if the parents do not want you to see their children, you will have to convince the court that grandparent visitation is in the child’s or children’s best interest.

If the court finds the parents “fit” enough to make good decisions regarding who their children spend time with, it can be hard to get court-ordered grandparenting time over their objections. In order for a grandparent to be awarded visitation, they must show evidence that proves the benefit of them spending time with their grandchildren. If you want court-ordered grandparent visitation, you will need to prove that the denial of grandparent visitation rights would create a “substantial risk of harm to the child’s mental, physical or emotional health.” Michigan courts consider a variety of factors when deciding whether or not grandparent visitation is appropriate. These include but are not limited to:

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Common Questions About Child Custody in MichiganIf you are a parent who is unmarried or planning to divorce, you may have many questions about child custody in Michigan. Parents are encouraged to work out their own child custody arrangements, but understandably, this is not always possible. If parents cannot come to an agreement regarding custody and parenting time, the court will intervene and determine a child custody schedule on behalf of the parents. In Michigan, the Child Custody Act dictates how the court makes decisions about parenting time and custody.

Joint Custody or Sole Custody?

There are two types of custody under Michigan law: legal custody and physical custody. Legal custody is a parent’s decision-making authority and physical custody is where the child physically lives. Parents with joint legal custody consult with one another regarding major child-related decisions whereas sole legal custody assigns all decision-making responsibilities to one parent. In a joint physical custody arrangement, the child maintains a residence with both parents. Typically, one parent in a joint custody arrangement is the primary custodian and the other parent enjoys child visitation, technically called parenting time in Michigan law. When a parent has sole physical custody, the child resides only with them.

Best Interest Factors Considered During Custody Disputes

When parents cannot agree on custody issues, the court will make a determination based on the child’s best interests. The Michigan Child Custody Act lists the factors used to evaluate what type of child custody arrangement is in the child’s best interest. These factors include but are not limited to:

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Farmington Hills alimony attorney

When a couple divorces, one spouse may be at a significant financial disadvantage. For example, if a stay-at-home parent has not worked outside of the home in many years, he or she may have difficulty acquiring employment and becoming financially independent after the split. In some divorce cases, the higher-earning spouse is obligated to make payments to the lesser-earning spouse for a period of time. These payments are commonly referred to as alimony, spousal support, or spousal maintenance. Although wives have traditionally been the recipients of spousal support, both men and women may be entitled to this kind of monetary support depending on the circumstances.

Michigan Spousal Support

If you are considering divorce, you may be wondering whether you will be ordered to pay spousal maintenance. The answer depends on a number of factors. If you and your spouse had previously signed a valid prenuptial agreement that dictates your spousal support obligations, you will be expected to comply with the terms of that agreement. Michigan courts make decisions regarding alimony on a case-by-case basis. When determining whether spousal support is appropriate, the court will consider aspects such as:

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Oakland County child custody attorney

If you and your spouse have decided to end your marriage, one of your greatest fears may be telling your children that you plan to divorce. It is very possible that your children will remember the moment they learned about the divorce for the rest of their lives. Needless to say, it is important for parents to plan this discussion carefully and take steps to make the conversation go as smoothly as possible. Fortunately, much research has been done regarding the best ways to tell children about divorce. Read on to learn about the most common advice experts give parents for how to break the news of their impending divorce to their children.

Reassure Children That the Divorce Is Not Their Fault

Children are naturally egocentric. Because of this, they may assume that they somehow caused the divorce. This is especially true if the children have heard their parents arguing about parenting concerns in the past. Even if they do not say it outright, they may be secretly concerned that if they had behaved better or made different choices, that maybe their parents would be staying together. It is important for parents to remind children that the adults have made this decision for their own reasons and that it is in no way the kids’ fault.

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Oakland County Bar Association State Bar of Michigan Collaborative Practice Institute of Michigan WCCDBA Woman Lawyers Association of Michigan
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