Some child-related cases are straightforward. Everyone concurs. Dad receives specific days of the week. Mom is given the same. Father’s Day is understood. It’s Mother’s Day for Mom. There are some exceedingly difficult cases. The child is subject to complicated challenges. The child is undergoing a medical regimen that obstructs normal parenting time. It becomes challenging. What do you need to do in preparing for a complex custody hearing in Michigan?
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Not every case fits the court’s definition of complexity. Every situation is unique based on the facts. Consult an experienced Michigan family law attorney. Inform them of the specifics. Find out if the matter needs to be handled differently. You’ll need to gather the necessary evidence. You want the court to acknowledge that the conventional parenting time won’t work for you. The court will be persuaded to realize why the conventional course of events won’t apply in this case. The child has special needs. There are issues with the child that are predictable.
Who are children with special needs under Michigan family law?
Children with special needs are children with disabilities. They “include those who have chronic physical, mental, intellectual, or sensory impairments. These combined with other factors prevent participation in society on an equal basis.” Who are these children? They include children who
- Have a genetic condition. One that affects their physical, mental, or social development from birth.
- Suffered a serious injury.
- Are suffering from a nutritional deficiency.
- Has an infection with long-term functional effects.
- Has been exposed to toxins from the environment.
- Has experienced developmental delays or learning disabilities.
- Are individuals experiencing traumatic childhood circumstances? Circumstances that later developed anxiety or despair.
The umbrella phrase “special needs” covers a wide range of disabilities. The following disabilities fall under the category of “special needs” in Michigan family law:
Autism spectrum disorder (ASD)
This is a developmental impairment brought on by variations in the brain. Individuals with autism spectrum disorders have a recognized distinction. Other factors are still unknown. ASD has some underlying causes interacting to alter how people usually develop. There is still a lot we don’t know about these factors. We are not sure how they affect people with ASD. While some people with ASD may be nonverbal, others have great conversational skills. Some persons with ASD need a lot of help in their daily lives. Others may function independently.
Some in spite of ASD even work. ASD usually manifests before the age of three. It can last the rest of a person’s life. Symptoms may become better with age. ASD symptoms can appear in children within the first year of life. Others might not experience symptoms until they are 24 months old or older. Some ASD children develop new skills and reach developmental milestones. They do so up until the age of 18 to 24 months. At some point, they stop doing so or lose the abilities they previously possessed.
Down syndrome
The genetic condition is brought on by an extra chromosome. Genes are contained in distinct “packages” called chromosomes. They determine a newborn’s physical development throughout pregnancy and after delivery. There are 46 chromosomes in a newborn. In newborns with Down syndrome, chromosome 21 is duplicated. A chromosome with an extra copy is referred to as having trisomy. Another name for Down syndrome is Trisomy 21. An extra copy makes the baby’s body and brain develop differently. The baby could have both mental and physical problems.
Cerebral palsy (CP)
Whatever has an impact on the brain is cerebral. Palsy refers to functional issues. It can mean muscular atrophy. A person’s capacity for motor control is hampered by abnormal brain development. Injury to the developing brain is the root cause of CP. Each person with CP has a different set of symptoms. A person with severe cerebral palsy could need certain walking aids. It’s possible to be unable to walk. They could live with it for the rest of their lives. A person with severe CP could make a small amount of walking stumbling. They may not need more help. A person’s symptoms may change during the course of their life. CP does not deteriorate over time.
In addition to these specific disabilities, Michigan family law also recognizes children with other types of special needs, such as:
- Learning disabilities
- Speech and language disorders
- Emotional disorders
- Chronic health conditions
How will courts handle parenting time for children with special needs?
Regarding parenting time and custody, the court takes into account all pertinent considerations. When making its decision, the court must exercise discretion. The matter is complicated due to the child’s special needs. The ability of the parent to address those requirements must be taken into account by the court. One parent will have to be designated as a primary caregiver. The majority of daily decisions about child care may need to be made by that one parent. Regular visitation will be allowed for the other parent. It won’t have the same degree of power to make decisions as the caregiving parent.
Parenting time and custody
Regarding parenting time and custody, the court takes into account all pertinent considerations. When making its decision, the court must exercise discretion. The matter is complicated due to the child’s special needs. The ability of the parent to address those requirements must be taken into account by the court. One parent will have to be designated as a primary caregiver. The majority of daily decisions about child care may need to be made by that one parent. Regular visitation will be allowed for the other parent. It won’t have the same degree of power to make decisions as the caregiving parent.
Regular communication between the parents
The court may order the parents to communicate regularly about the child’s care. This communication may be in person, by phone, or by email. The order can include the exchange of information about the child’s medical condition. Share updates on educational needs, and social and emotional needs.
Shared decision-making about the child’s care
The court may order that the parents share decision-making authority. Deciding on matters about the child’s care. This means both parents have a say in important decisions. Choices about the child’s life. Make decisions together about medical care, education, and religious upbringing.
Access to specialized services
The court can mandate parents to access specialized services for their children. This may include services such as physical therapy, speech therapy, or occupational therapy. The court may also order the parents to get mental health services.
Flexibility in the parenting schedule
The court may order that the parenting schedule be flexible. This is to accommodate the child’s special needs. The court may order that the parents take turns taking the child to doctor’s appointments. The parents may have to adjust their parenting time if the child needs to stay in the hospital.
While parents consider the child’s specific needs and how they can best be met, they also need to take care of themselves. Self-care should be factored into parenting time. Most parents want to put their children’s needs first. However, children with special needs often have more complex needs. The care for children with special needs can take a toll on a parent’s emotional well-being. The child needs more frequent or specialized medical care, counseling, or educational support. The state of Michigan has programs to help parents support the unique needs of their children.
What to expect in custody hearings?
A motion on a court order may be made in a hearing by either side. The FOC, or Friend of the Court, may also do this. These orders specify how child support, parenting time, and custody are to be enforced. After mailing the complaint and response, this is done. The court gathers the data from the parties. The court needs this data to determine what orders to issue at a hearing. Any procedures before a judge should be made known to both parties in advance. A parent may decide to persuade the judge that a certain order is required. The number and type of hearings will depend on the specifics of your case.
Hearings are appearances in court by a legal representation. They are held so that the court can learn more, decide on a matter, and issue orders. They may be succinct and simple or drawn out and intricate. In some counties, a judge will preside over all of your hearings, and his or her rulings become court orders right away. For some proceedings, judges in other counties appoint domestic relations referees. Unless a parent files an objection, which triggers a rehearing with the judge, referees offer recommendations that judges automatically approve.
Best interest factors and established custodial environment
Based on the child’s best interests, the judge will determine the child’s custody and parenting time. A disagreement between the parents is possible. The 12 statutory elements are taken into account by the court. The topic of what is in the child’s best interests can be discussed by either parent. During the hearing on custody and parenting time, each person may have their turn. The court is not required by law to weigh all variables equally when assessing what is in the child’s best interests. The judge has the option to determine how much weight to give each aspect. A judge takes into account both the established custodial environment (ECE) and the child’s best interests. The best interests of the kid must be taken into account while allocating parental time.
Hearings and court appearances
Hearings are formal court appearances with a judge. They are designed to give the court information it needs to study, make decisions, and issue the proper orders. These may be brief and straightforward, such as 15 minutes to approve a settlement agreement. Making a final custody determination when the parents are unable to reach an agreement could take hours or even days. Some counties will assign a judge to preside over each of your hearings. His or her decisions are immediately enforceable in court. In rare circumstances, domestic relations referees are chosen by judges from different counties. An objection may be made by a parent. The judge conducts a second hearing as a result. Judges automatically accept the suggestions that referees make.
According to the law, custody arrangements for children should not be changed unless absolutely necessary. The judge queries the parents regarding the child’s ECE or established custodial environment. Before making any decisions, the court approves the ECE. Before altering the current circumstance, a judge obtains information about the child’s ECE.
What to prepare for a custody hearing for children with special needs?
Few statistics exist on the divorce rates of parents of special needs children. Some research has revealed that these parents are more likely to split up. This is in contrast to parents of children without developmental disabilities. The Journal of Autism and Developmental Disorders published one such study. Choosing child custody may be more difficult for parents of special needs children.
Be as prepared as your attorney
Hearing choices may have an impact on your case and the children. Effective planning is critical. If you have a child custody lawyer in Michigan, they will help you get ready. If you offer them whatever they ask for and are always truthful with them, they can best represent you. If you’re defending yourself, be as prepared as a lawyer. Learn about the factors the court considers when deciding who gets to keep the child. Review Michigan’s court system and the rules of evidence.
Present proof of capacity
Present evidence at hearings demonstrating your ability to maintain the children’s best interests. You might need to provide evidence to support the claims you made in your initial submission. Rebut the claims made by the other parent. You can challenge a custody investigation’s findings. Create records for your education, health, finances, and legal matters. assemble popular proofs. Images, emails, texts, and postings on social media are all collage-proof. Verify family schedules and letters of recommendation for moral character.
Provide witness testimony
Using witness testimony as evidence. Lay witnesses may provide testimony based only on their observations. The parents could be one of the witnesses. They may be a member of your family. This group may consist of professionals working with you or your family in the past. These include those involved in therapy and child care.
Using expert witnesses
Parents may also hire professional witnesses. Forensic psychologists and child development counselors are examples of experts. They are able to offer their expert advice throughout the final custody negotiations. Think about professional availability and fees. Witnesses can give sworn testimony orally or in writing.
The judge can end up making the decision
The question of who will make decisions for the child and when the child will be with each parent is put to the judges. Judges must make decisions on visiting times. When parents fighting over custody cannot come to an agreement, judges must. These are resources you can use:
- The parent’s legal counsel.
- The Friend of the Court Office.
- The mediation process.
The court asks for help in assisting parents in choosing a custody schedule. They can decide to collaborate to find a solution to their custody dispute. Through the legal system, parents are free to obtain or modify custody. They can achieve this by delivering the necessary documentation. They can do it by attending the several hearings that the court schedules.
Is there a resource for parents taking care of children with special needs?
The state of Michigan has the Children with Special Needs fund. This program provides families a means to obtain equipment and services not covered by insurance or other programs for children with special needs. The fund can assist with the following items:
- Adaptive Recreational Equipment
- Air Conditioners/Central Air
- Ceiling Lifts or Stair Lifts
- Electrical Service Upgrades
- Platform Lifts (when wheelchair ramp cannot be installed ADA-compliant)
- Therapeutic Specialty Bikes/Tricycles
- Transit Options
- Turney Seats
- Vehicle Accessibility Devices (van lifts, ramps, restraint systems, tie downs, etc.)
- Weighted Blankets/Vests
- Wheelchair Ramps (residential)
The Children with Special Needs Fund helps families buy equipment that improves quality of life, fosters health, and promotes mobility in order to provide family-centered support for children with special health care requirements. Within the Children’s Special Health Care Services (CSHCS) program in Michigan, the Children with Special Needs Fund (CSN Fund) is a privately sponsored initiative. When alternative funding sources aren’t accessible, the CSN Fund is there to assist kids with exceptional medical requirements. The Michigan Department of Health and Human Services (MDHHS) oversees the Fund’s administration, and state personnel work there. The Fund can serve kids all around Michigan by collaborating with CSHCS, regional health agencies, and other parties. The CSN Fund has been sustained since its founding in 1944 by the kind gifts of people, families, businesses, and organizations who share the same mission: to assist families in enhancing their children’s mobility, independence, and quality of life. The CSN Fund cannot be used to replace public monies when they are available because it is only meant to be a payer of the last option.
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