The assumption is that mothers have custody rights in a non-marital partnership. What should you do if your ex-spouse is attempting to flee town with the baby? Both parties are presumed to have a right to appear before the court. Both parties have the option of requesting shared custody. What are unmarried parents’ custody rights when an ex takes a baby and leaves? Click here to watch the video on What Rights Do Unmarried Parents Have When Ex Takes Baby … Read More →

You could be unsure of your rights to your ex-spouse’s pension in divorce. The solution is challenging. If the pension was accrued during the marriage, you might be eligible for a portion of it.  If a pension is regarded as marital property, it will be divided in the event of a divorce. Still, the court could give the non-pensioner spouse a portion of the pension. It can be viewed as non-marital property. Click here to watch the video on What … Read More →

You may have joint custody of your children but you cannot take your kids during divorce out of state. You can’t without the other parent’s consent or a court order. If you do, the other parent may file a motion to have the children returned.  You may already have a court order that allows you to take the children out of state. You may still face consequences. Ex-spouses are always asking themselves, “Can I take my kids and go during … Read More →

There are a few reasons why your lawyer might not address false court allegations right away. Your lawyer may be saving those allegations for later in the case when they will have more impact. Your lawyer may not think the allegations are significant enough to address. They may be trying to protect you from looking like you are trying to bully the other side.  When your lawyer fails to address false court allegations talk to them candidly. This is the … Read More →

Parenting time is a major factor in determining the child support schedule and the total amount due. The amount of help you pay decreases the more nights you spend with your child. The help increases as you have fewer overnights. The side with the most children will consume the most. Incur the most costs, necessitating a larger payment from the other side. What if we are in child support arrears?  Is it possible to get child support arrears credit for … Read More →

Your spouse and you are separated. You have not yet started a divorce process. Without facing any consequences from the law, your spouse could be able to empty your joint savings account. No court order exists for dividing assets in divorce for savings. Neither spouse is being prevented from using or accessing marital assets during the separation. So, can my ex drain our savings while we’re separated? Click here to watch the video on Can My Ex Drain Our Savings … Read More →

Child Protective Services or CPS. CPS is essentially designed to shield children from abuse and neglect. Now, one must wonder how CPS in Michigan becomes involved in your case. You and your spouse are getting along well after a divorce. CPS would only get involved if someone filed a complaint. Often the complaint is made by one parent against the other parent.  Now, you believe that your divorce is amicable. CPS is suddenly at your door. It would imply that … Read More →

It’s crucial to handle the situation carefully when there are allegations of child abuse cases by an ex-spouse. Be careful how you characterize abuse; the court has its own criteria. Verbal arguments or profanity may not necessarily be considered abuse. When submitting a motion, it might be a good idea to avoid calling the conduct abusive. Instead, lay out the facts and let the court make the decision. An important consideration is the level of abuse. Abuse that involves physical … Read More →

Custody alone doesn’t restrict a parent from relocating. When a relocating parent wants to take the kids during divorce, issues will often arise. A parent in a 50/50 custody arrangement desires to relocate, several factors come into play. The custody arrangement matters. It’s often 50/50 physical custody. Relocating can disrupt the child’s routine. The custody arrangement is mostly legal (decision-making) rather than physical. Relocation may impact parenting time more than legal rights. Courts consider reasons for such a move, Reasons … Read More →

The court’s initial custody judgment determines your parenting time and schedule. You may be looking to increase your custody time after a finalized divorce. You have the option to revisit the parenting plan. Increase your parenting time after the divorce, provided it doesn’t involve fraud. Get more parenting time. Sometimes, people say they want more custody. They may mean they want more overnights. More weekends with their child, not necessarily a full custody change. You are talking about how to … Read More →