You appeared in court. Your custody hearing was held. You got an order. You’re not pleased with the outcome. You disagree with the order’s statement. You believe that you have received unfair treatment. Benefits to which the opposing party is not entitled have been handed to them. What should you do? You may end up challenging an unfair custody ruling or order.
Click here to watch the video on Challenging Unfair Custody Order
Examine the custody order. What exactly does it mean? Make sure you are aware of how many nights were spent with Dad and how many were spent with Mom. Change the order if you think there is some reason that justifies it. Your trusted child custody attorney in Michigan must submit the proper motion to the court. Provide evidence of the change in the circumstance. Changes are sufficient to warrant reexamining the custody arrangement. You need to persuade the judge who issued the custody order to reconsider. Take care when requesting things from the court. The judge might be in charge of all post-judgment matters. It is up until your child reaches adulthood. You must exercise common sense. You can ask for anything from the judge. The judge can also reduce your parenting time.
What are the three kinds of custody orders in Michigan?
A Michigan court has the authority to make a number of custody-related orders. If any of those orders are violated, there will be legal repercussions. Orders for one-time events are also available. Paternity tests, mediation, or custody investigations are examples of these one-time occurrences. Ex parte or provisional orders may also be issued by the court. These can be issued in advance of the final custody orders.
Temporary orders
The consequence of a custody battle can be disorienting to both parents. It is more so in the case of children. The court would want to keep the stability at home. Maintain tranquility while the custody case is being pursued by the parents. Temporary orders are issued to achieve that. These orders known also as preliminary orders are issued while the custody case is in court. Parents are required to adhere to a schedule and a child support agreement. A temporary order is issued to enforce them. The court expects all the parties to adhere to the order until the case is resolved with final orders. Parents consult with their Friend of the Court (FOC) case manager soon after initiating a case.
Ex parte orders
A parent has the right to ask for interim custody or a personal protection order. A parent may request that the court decide ex parte. This decision is made without consulting the other parent. Ex parte orders, often known as emergency orders are issued in situations involving domestic violence or child abuse, it is typical. Until it is replaced by a final custody order, an ex parte custody order is in force. A personal protection order issued ex parte remains in force for at least 182 days. In two circumstances, a motion for an ex parte order necessitates a hearing:
- The judge rejects it. Within 21 days, the asking parent submits an objection.
- It receives court approval. Within 14 days of receiving a copy, the opposing parent objects.
An ex parte objection hearing will be attended by both parents. They get to provide a judge or domestic relations referee with evidence.
Final orders
Final orders bring a case to a close. It lays out a parenting schedule. Prescribe child support payment, plus address any other issues in the case. If parents agree on a parenting plan, they can ask the court to include it in a final order. A final order stays in effect until the children involved turn 18. Or they graduate from high school, whichever is later. It stays that way unless the court modifies the order first. Parents can work together to create a final order. The final order is sometimes called a consent order or consent judgment. Parties draft the final order for a judge to approve in a settlement hearing. Parents may not settle. They can let the FOC’s custody recommendation become a final order. Or each can propose a final order during a final custody hearing.
The next time you receive an order, you should know what kind. This time you should be able to distinguish the kind based on the order described. Each order has a purpose and enforces a specific action. Another thing you should not forget is that orders usually have an effective period of enforcement. Call your lawyer as soon as you receive any of these orders.
What is in a custody ruling or custody order?
If one parent requests exclusivity, a fight will ensue. Everybody fights tooth and nail to win sole custody. With this kind of thinking, custody becomes a controversial subject. The court may grant custody of the child to either parent—or both parents. Each parent would struggle for physical and legal custody, whether out of love or as a means of leverage. A custody order is a court-ordered document. It defines the terms of child custody and parenting time. A child custody order should contain the following information:
- Authority of the parent. Defines who is making decisions on the child’s upbringing.
- The parenting time arrangement. This stipulates how much time each parent should spend with the child.
- Scope of the decision-making authority. The power to decide on several elements of the child’s life.
- Communication. Outlines how parents are to interact with one another. It establishes the subjects and methods of communication.
A variety of custody agreements are permitted by Michigan’s child custody laws. The child’s daily care is under the supervision of one co-parent. That parent has sole physical custody. The child’s primary caretaker and custodial parent is designated to be this co-parent. Parenting time will be given to the other co-parent. Depending on the court’s evaluation, parenting time can change. A custody order specifies how much time the child will spend with each co-parent. The co-parents may be granted shared legal custody, depending on the situation.
Can you appeal a seemingly unfair custody ruling?
A domestic relations referee can be appointed by the court in a custody case. It is an approach to consider in a domestic relations dispute under Michigan law. Child custody is a domestic relations issue hence a referee can be called for. The good thing under Michigan laws is this. Any judgment rendered by a family court judge in Michigan is subject to appeal. Interlocutory orders. Also called interim or non-final orders. It is sometimes issued by courts in child custody disputes. These kinds of orders are given for a reason like concerns for the safety of children.
An interim order of custody is also issued to prevent confusion while the case is being tried. Non-final order usually cannot be challenged after it has been issued. The majority of the time, parents cannot appeal a decision. Not until the family court gives a complete and final order of child custody. Settlement agreements are not subject to appeal. If one parent is unhappy with the arrangement, they may ask the court to modify it.
Study the court transcripts
A significant amount of time will be spent acquiring your transcripts. There will be a lot of studying. The judges at the Court of Appeals will examine only the following:
- The testimony that was offered to the trial court.
- The exhibits were accepted into evidence.
- The explanations for their rejection.
No new evidence
The Court of Appeals assesses whether the judge’s decision complied with Michigan law. This means that you cannot offer critical evidence to the Court of Appeals. Your attorney did not present it to the trial judge. It’s possible that your trial lawyer didn’t “preserve the evidence.”
Filing the Notice to Appeal
File the Notice to Appeal to start off the appeal process. The form for the appeal is quite straightforward. It establishes the schedule for the succeeding deadlines. There’s a lot of work behind the scenes for your appellate lawyer. Get ready for the actual appellate brief. Submit a few motions in the trial court. You need a motion to stay the proceedings. It would permit a part of the verdict to not immediately take effect. Filing the Notice to Appeal too early complicates your case. It raises legal costs.
Preparing the appellate brief
The appellate brief adheres to very tight guidelines. The appellate brief is your only opportunity to persuade the Court of Appeals justices. Your case should be overturned. Aside from tight guidelines, your brief must be persuasive and concise. Your argument must convince the appellate judges that the trial court erred. The decision of the family court should be overturned.
Oral argument and a lot of waiting
The appeals process takes a while. After the brief, the waiting won’t be easy for you. There will be a response brief, a reply brief, and occasional motions. There is a strong likelihood that you will have to wait as a result. Be prepared to wait several months before your case is heard. Custody-related appeals will be given preference and heard first. Expect a long wait.
Not every appeal is heard
There won’t be a hearing for every appeal. A hearing must have been requested by your appellate lawyer. The appeal court could provide challenging queries on how specific prior case law pertains to your case. When attending such a hearing, your lawyer should be prepared and knowledgeable of Michigan law.
Following the hearing, you will need to wait once again for the appellate court’s decision. You will occasionally find the opinion and order frustrating and difficult to grasp. The ruling may be long, outlining how existing case law applies to your situation. It may also be brief—only two or three sentences—and deny the appeal without explanation.
Is there an alternative to an appeal to get the unfair custody ruling or order changed?
You considered the idea of taking your case to the Court of Appeals. It can be expensive to pursue an appeal. You did and your appeal was denied. You can try custody but the burden of justifying custody modification is a challenge. Why not consider going for parenting time?
Filing the motion for modification
The petitioning parent must submit a motion to the court as the initial stage in the procedure. The grounds for requesting a change in the parenting time schedule should be included in the motion. Cite any relevant data or documents. Describe the material alteration in conditions that the parents suggested.
Best interests of the child
The child’s best interests are the court’s top priority when making a decision on a motion. The law places an emphasis on the value of preserving a solid and secure relationship. The court seeks to guarantee the child’s physical, emotional, and psychological well-being.
Assessing the requested modification
The requested change will be assessed by the judge. Find out if it might have an effect on the child’s best interests. The court will take into account the child’s age, well-being, and developmental requirements. The judge will evaluate the justifications offered for the modification. These arguments ought to be supported by the evidence offered.
Stability and Continuity
The court will always place a high priority on preserving order. Parenting time is meant to preserve continuity not disrupt it. The child may already have a steady environment thanks to the current schedule. The court might be hesitant to make large changes. Unless there are strong arguments against doing so.
Parental Competence and Collaboration
Children are not born with a user manual. Parents have to wing it for most of the part in parenting. There were no master’s degrees or PhDs in parenting the last time we looked. Nonetheless, the parenting abilities and capabilities of both parents are scrutinized. A lot of things come under scrutiny. The capacity to give the child a secure and nurturing environment. The parent’s willingness to follow court orders. A readiness to help foster a good co-parenting relationship. The parents’ prior actions. Certain behaviors may affect the capacity for effective communication in the same way. The court will consider how parents come to judgments that are in the best interests of the child.
Child’s Preference
A judge must prove that a child is able to express an opinion on custody. About visitation before deciding whether the child has made a reasonable choice. The child does not have to provide explicit justification for their declared preference. They don’t have to take part in any critical analysis of it. It only indicates that it isn’t based on irrational or irrelevant considerations.
Mediation and alternative dispute resolution
The court may suggest mediation or other forms of alternative conflict resolution. If it aids parents in coming to a decision that they can both accept, it will do so. With the aid of an impartial third party, mediation enables parents to collaborate. They can create a customized parenting time schedule that satisfies the child’s requirements. They will keep in mind each parent’s obligations and rights.
Court Hearing
It’s possible that mediation won’t help the parents come to a resolution. Other forms of alternative dispute resolution might not work for them. A hearing will be held by the court. Both parents will have the chance to argue their cases. They can offer proof and engage witnesses. The judge will consider the testimony and evidence both sides submit. The court will then issue a decision.
Final Decision
The court evaluated the evidence and took into account all pertinent facts. A final judgment will be made by the judge on the petition to modify parenting time. The court will base its decision on what it considers to be in the child’s best interests. It considers the unique conditions of the situation.
Can child custody modification still be an option?
Courts tend to stick to their final ruling when it comes to custody orders. You have to have compelling facts to convince the courts to listen. The same court and judge who issued the original order must receive a motion to modify custody. The motion can be heard if the original judge is no longer present by the judge’s replacement. You have to present the change in circumstance in the most convincing way possible. You have to show it in a more meaningful way. Parents must take a strong position for the requested modification in custody. Stick to facts when making a point and proving your case. Any emotional tone in your presentation will not carry weight in court.
Losing custody of children can alter our perception of fairness. It’s not a good reason to be giving up yet. There are avenues you can exploit. You need to work with an experienced Michigan family law attorney to navigate the custody process. No doubt you will meet obstacles that come with trying to understand the operation of the law. Work with your attorney about the outcome you want from your case. The complexities of the appeal process will get to you. It can be a long and expensive process. Talk to your attorney about alternatives. If you reflect long enough and work with your attorney, you will find creative ways to achieve the same outcome taking a different path. It may not be perfect but it gets you closer to the most desirable outcome.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.
At Goldman & Associates Law Firm there’s always a sympathetic ear ready to listen.
Book your complimentary case evaluation with our leading attorneys.
(248) 590-6600 CALL/TEXT if you need legal assistance.