Child visitation basics

By Attorney Terry Ray Bankert
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Date: 09/20/2006

These frequently asked questions will help you sort out your concerns about child visitation after a divorce or separation. Michigan law clearly creates a right of a child to parenting time with a parent unless it is shown at trial by clear an convincing evidence that parenting time would endanger the child physical, mental, or emotional health.

What does "reasonable visitation" mean?When a court determines the visitation rights of a noncustodial parent, it usually orders "reasonable" visitation , leaving it to the parents to work out a more precise schedule of time and place.

This language is found most often in the initial temporary order. But let me point out here that it is you and your attorney that are negotiating parenting time.Judges most often are signing what you have agreed to. Reasonable visitation allows the parents to exercise flexibility by taking into consideration both the parents' and the children's schedules.

Practically speaking, however, the parent with physical custody has more control over the dates, times and duration of visits. He or she isn't legally obligated to agree to any particular schedule, but judges do take note of who is and who is not flexible.If you are inflexible, merely to vex your ex, it can backfire when you need to ask the court for something in the future.

The parents have to cooperate and communicate frequently, for the reasonable visitation approach to succeed. If you suspect right off the bat that reasonable visitation won't work, insist on a fixed schedule and save yourself time, anger, and possibly money.If you've already agreed to reasonable visitation and it isn't working out -- for example, one parent is consistently late, skips scheduled visits or doesn't inform the other parent where he or she is planning on taking the children -- you can go back to court and ask that the arrangement be changed.

When there is a dispute the elements of a custody decision also apply to the parenting time orders by the court.What is a fixed visitation schedule?Sometimes courts will set up a detailed visitation schedule, including the times and places for visitation with the noncustodial parent -- for example, every other weekend or every Tuesday and Thursday evening.

A court will be inclined to order a fixed schedule if the hostility between the parents is so severe that the need for regular contact between them may be detrimental to the child. A fixed visitation schedule can still be generous.

But it just removes opportunities for one party to control the other's time and allows the children to experience predictability, in an often unsettling period.My ex-spouse was physically abusive to me and the children. How can abuse be prevented during visits with the children?When a noncustodial parent has a history of violent or destructive behavior, especially toward the child, the court often requires that visitation between that parent and the child be supervised.

This means that an adult (other than the custodial parent) must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed on by the parents or appointed by the court. No matter how the adult is chosen, he or she should be approved by the court that ordered the supervised visitation.If you have parenting time disputes first try to work it out between yourselves, with your pastor or the friend of the court. Returning to court should be your last resort.

Remember your children are watching how you conduct yourselves in your divorce. Your actions will affect them emotionally and their future conduct in their own marriage.The ‘ Best Interest Factor” are used to help in determining visitation.

Example of parenting time captian and order.

[Michigan]PARENTING TIME WITH THE MINOR CHILDRENIT IS FURTHER ORDERED that the

[] Plaintiff [] Defendant shall have the right to see and visit with said minor children at all reasonable times and places. In the event that the parties cannot mutually agree as to what is reasonable, they shall each be bound by the following;

1. The [] Plaintiff [] Defendant shall have the right to have the minor children on alternate weekends from 6:00 p.m. Friday evening until 6:00 p.m. Sunday evening.

2. This party shall have parenting time the weekend of : 00/00/2004

3. The [] Plaintiff [] Defendant shall have the right to have the minor children on alternate holidays, commencing from 9:00 a.m. until 9:00 p.m., said holidays being New Years, Easter, Memorial Day, Fourth of July, Labor Day, Halloween evening, and Thanksgiving.

4. The Father shall have the right to have the minor children with him every Father's Day, from 9:00 a.m. until 9:00 p.m., irrespective of whether Father's Day falls on a Sunday when the Father would not otherwise be entitled to his parenting time.

5. The [] Plaintiff [] Defendant shall have the right to have the minor children on Christmas Eve of alternate years, from 6:00 p.m. Christmas Eve until 12:00 noon Christmas Day, and the following year on Christmas Day, from 12:00 noon until 9:00 p.m.

6. The Defendant shall have the right to have the minor children on each alternate birthday of the children, commencing with the next birthday of the children from 9.00 a.m. until 9:00 p.m.

7. The Mother shall have the right to have the minor children with her on Mother's Day every year, irrespective of whether Mother's Day falls on a Sunday when the Mother would otherwise be entitled to her parenting time.

8. The Defendant shall have the right to have the minor children for 2 successive weeks each summer (or summer school vacation). In the event that the parties cannot agree, the 2 weeks shall be the first full 2 weeks in August.

9. Further, that the scheduling of the holidays as hereinabove set forth shall take the first order of precedence regarding any conflict which may arise between holidays, vacations and/or alternating weekends. Vacations shall take precedence regarding conflicts in scheduling with weekends.



IT IS FURTHER ORDERED that the Defendant shall have the right to see and visit with said minor child at all reasonable times and places.

*****By Attorney Terry Ray Bankert 810 235-1970
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Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/
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Reaction of children to divorce

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When you have children be aware of their feeling and knowledge of your marital problems. The walls have ears. Do not involve them in the specifics or do anything to encourage them to take sides. Your children are watching and learning from you. They are evaluating how you and your spouse conduct themselves in a divorce.

One of a child's first reactions to divorce is fear of abandonment. The child reasons if one parent can leave, then the other parent might leave too. The child needs steady reassurance that the child will not be abandoned. Hopefully, the reassurance can come from both parents, including through substantial contact with both parents.

Keep going to church as a family.
By Attorney Terry Ray Bankert
810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/

Do you need help now? Call 810 235-1970 !

Young children also are concerned that the parent who is moving out will not be taken care of or will not have a place to stay. Some of those concerns can be alleviated by promptly showing the child where the departing dad or mom will live.

Tell your children everything is okay and they do not have to worry.Other common reactions of children to divorce include: sleep disturbances, fears of impending disaster, suspiciousness, under-achievement in school, poor peer relationships, emotional constriction, anger, and regression in behavior (such as bed-wetting).

Many children feel powerless and vulnerable in the period during and following a divorce. Assuming the child liked both parents, the child wants to stop the divorce, but cannot. Children often blame themselves for the divorce and think if they had done something different that their parents would not be divorcing.Children need to be told--often many times--that the divorce is not their fault . . . that dad and mom are not living together because dad and mom could not get along, not because the child did something wrong.

Although nothing takes all the pain out of divorce for a child, the manner in which children are told about a divorce will have a lasting effect on them. Certain ways of telling a child will maximize suffering, such as telling the child, "He left us!" or "She does not love us!"

Telling the child that the divorce will not make a difference also is unwise. Obviously, the divorce will make a difference. The child should be given a simple, honest explanation of the divorce, without giving lurid details designed to alienate the child from the other parent.

The parents should explain what will be different and what will not be different--including talking about where the child will live, where the child will go to school, and when the child will be with each parent.The child should be given an opportunity to express feelings and to ask questions.

The child also might be told that things will be difficult for a while, but they will improve with the passage of time. Children need a close ongoing relationship with both parents.

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By Attorney Terry Ray Bankert

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Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/

Child Custody Basics

By Attorney Terry Ray Bankert 810 235-1970
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Child Custody BasicsWhen parents divorce, the divorce judgement will specify with whom the divorcing couple's children will live (and circumstances under which the other parent will visit with the children).

Often, parents work out these arrangements between themselves, either completely voluntarily or with the assistance of their attorneys , pastor, or a mediator. When they are unable to reach a decision, however, or when unmarried parents are unable to agree on who will have custody of their child, the court may intervene and make a decision based on the child's best interests.In most situations, physical custody is awarded to one parent with whom the child will live most of the time.

Often, however, the custodial parent shares "legal custody" of the child with the non-custodial parent. "Legal custody" includes the right to make decisions about the child's education, religion, health care, and other important concerns.Some parents have chosen a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents.

Proponents of this arrangement say it lessens the feeling of loss that a child may experience in a divorce. Critics, however, say that it is best for the child to have one home base, with liberal visitation allowed to the "non-custodial" parent.

Because joint custody requires a high degree of cooperation between the parents, courts are reluctant to order joint custody unless both parents are in agreement and can demonstrate the ability to make joint decisions and cooperate for the child's sake.Another option, although much less favored, is split custody, in which one parent has custody of one or more of the parties' children, and the other parent has custody of the other(s).

Courts usually prefer not to separate siblings, however, when issuing custody orders.When the child's parents are unmarried the mother often is awarded sole physical custody unless the father takes action to be awarded custody.In deciding who will have custody, the courts consider various factors.

The overriding consideration is always the child's best interests, although that can be hard to determine. Often, the main factor is which parent has been the child's "primary caretaker" (more on this below).

If the children are old enough, the courts will take their preference into account in making a custody decision.A party involved in a child custody matter should become acquainted with the Child Custody Act of 1970, and study and be prepared to give their reasons for wanting custody pursuant to the following factors:

(a) The love, affection, and other emotional ties existing between the parties involved and the child;

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and continue the education and raising of the child in his or her religion or creed, if any;

( c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other marital needs;

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity;

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes;

(f) The moral fitness of the parties involved;

(g) The mental and physical health of the parties involved;

(h) The home, school, and community record of the child;

(I) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference;

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, or the child and the parents;

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child; and

(l) Any other factor considered by the court to be relevant to a particular child custody dispute.When there are custody disputes, the parents must be advised as to joint custody:

(1) At the request of either parent, the court shall consider an award of joint custody, and shall state why joint custody may or may not be consider by the court. The court shall determine whether joint custody is in the best interest of the child by following factors:

(a) The factors enumerated above.

(b) Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.

(2) If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record, that clear and convincing evidence affecting the welfare of the child dictates otherwise.

(3) That if the court awards joint custody, the court may include in its award a statement regarding when the child shall reside with each parent, or may provide that physical custody be shared by the parents in a manner to assure the child continuing contact with both parents.

(4) During the time the child resides with a parent, that parent shall decide all routine matters concerning the child.

(5) If there is a dispute regarding residence, the court shall state the basis for a residency award on the record or in writing.

(6) Joint custody shall not eliminate the responsibility for child support. Each parent shall be responsible for child support based on the needs of the child and the actual resources of each parent.

If a parent would otherwise be unable to maintain adequate housing for the child and the other parent has sufficient resources, the court may order modified support payments for a portion of housing expenses, even during a period when the child is not residing in the home of the parent receiving support.

In addition to the above factors, there is a preference for the parent who can demonstrate that he or she was a child's primary caretaker during the course of the marriage.In custody cases, the "primary caretaker" factor became important as psychologists began to stress the importance of the bond between a child and his or her primary caretaker.

This emotional bond is said to be important to the child's successful passage through his or her developmental stages, and psychologists strongly encourage the continuation of the "primary caretaker"-child relationship after divorce, as being vital to the child's psychological stability.

When determining which parent has been the primary caretaker, courts focus on direct care-taking responsibilities, such as:

1. Bathing, grooming, and dressing;

2. Meal planning and preparation;

3. Purchasing clothes and laundry responsibilities;

4. Health care arrangements;

5. Fostering participation in extracurricular activities; and6. Teaching of reading, writing, and math skills.Other factors may be considered as important when determining primary caretaker status.

Even such things as exposure to second-hand smoke and volunterism in the child's school have been considered in a primary caretaker analysis.

While, in the past, the primary caretaker preference seemed just another way to award custody to mothers, as more and more men share parenting responsibilities, this preference does not necessarily favor mothers.

When it is apparent that both parents have equally shared parenting responsibilities, courts once again will fall back on the "best interest" standard in determining custody.
*****

By Attorney Terry Ray Bankert 810 235-1970

http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/

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Divorce Over View

FAMILY RIGHTS and Divorce Overview

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Posted here by:
Attorney Terry Ray Bankert 810 235-1970
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Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
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Articles on Divorce and lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

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A Family Divorce starts with the filing of divorce legally.But between the man and wife it begins much earlier.A divorce will ultimately be granted under the no fault standard. The first decisions will be when to file, where to file, whether to seek child support, custody ,alimony and other temporary relief.On the filing date one party must have resided in Michigan for at least 180 days and in Genesee County for 10 days immediately before filing. Residence means the place of a permanent home where the party intends to remain.

Residence has the same meaning for county and state purposes.Mere physical presence in the county for 10 days does not establish residence. Lehaman v Lehman, 312 Mich 102, 19 NW2d 502, (1945).

Residence means the place of a permanent home where a party intends to remain. Banfield v Banfield, 318 Mich 38. If both parties live in Michigan the party that files first will establish the case in the county they file in.(venue)

A Michigan resident who enters the military does not lose residency status because they are out of state McFadden v McFaddeen 336, Mich 557, 59 NW2d 1 (1953).

There are limitations on what may be done while a parent is on active duty.Legal ground for divorce in Michigan is when "There has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." MCL 552.6

The other spouse needs to be notified , called service, and given reasonable opportunity to retain counsel. Sometimes it takes a while for both parties to accept that they are divorcing.When there are minor children and one of the parents is incarcerated the party starting the divorce must contact the Department of Corrections to confirm the prison number and location of the party and put this in the complaint for divorce.

The caption of the petition or motion must state that a telephonic hearing is required. MCR 2.004(B). The court must issue an order requesting that the Department or facility where the party is located allow the inmate to participate in the proceeding by telephone. County jails are not included in this statute.

Most cases involve a series of scheduling and settlement events with the court. There may be a hearing on temporary issues to stabilize the family until a divorce judgement can be entered. There is a mandatory waiting period of 60 days for families without children and 6 months for families with children.

The waiting period is for the benefit of the children. In Genesee County the series of events will begin with a temporary hearing court date to stabilize children and family finances.The court will several months later set a pretrial date to resolve discovery timeliness and narrow the issues followed by a settlement conference with the judge and then trial.

The parties may settle at any time.Friend of the court mediation may be provided for custody and parenting time disputes.

The court may at any time refer a contested issue to mediation.Some local judges have an alternative dispute resolution or mediation process that they order their cases to.This is where a third party and attorney or an agency tries to resolve the issues without a trial.The legal procedure concludes with entry of a judgement of divorced.

Most cases get to this point without a trial. There is a great value in the parties settling their own issues of children and finances. Good parenting in divorce includes the ability of the parents to learn ways to negotiate their difference and show children that they are loved and secure.The final document entered with the court called a judgement of divorce.

To finalize the judgement a brief court hearing is required. Consent judgement are routinely approved.No divorce judgement may be entered without a hearing in open court at which proofs are taken.

The testimony of at least one party must establish the statutory grounds for divorce andjurisdiction.In those few cases where a trial is required entry of judgement follows a ruling by the court on the disputed issues. The parties are divorced when the judgement is signed and filed with the court.

Posted here by:
Attorney Terry Ray Bankert 810 235-1970http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/

Articles on Divorce and lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.htmlDo you need help now?
Call 810 235-1970

See:Michigan Family Law Benchbook Second Edition, Institute of Continuing Legal Education 2006, Chapter 1Michigan Family Law 6th Edition, Institute of Continuing Legal Education 2006

TEST 3

1.
2.
3.

test 2

test 2

Over View of Divorce

FAMILY RIGHTS and Divorce Overview

Posted here by:
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/

The dumpmyspouse.com advertising campaign is to get your attention. I offer a divorce process designed to minimize your pain, protect your children, aggressively achieve a fair settlement of all issues. I do not advocate divorce, often the grass is not greener, but when you are at that cross roads and have to act please call for a free appointment, I will walk you through the process. Mediation services are also available.

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/
Articles on Divorce and lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/

Do you need help now?Call 810 235-1970

A Family Divorce starts with the filing of divorce legally.But between the man and wife it begins much earlier.A divorce will ultimately be granted under the no fault standard.

The first decisions will be when to file, where to file, whether to seek child support, custody ,alimony and other temporary relief.

On the filing date one party must have resided in Michigan for at least 180 days and in Genesee County for 10 days immediately before filing. Residence means the place of a permanent home where the party intends to remain.

Residence has the same meaning for county and state purposes.Mere physical presence in the county for 10 days does not establish residence. Lehaman v Lehman, 312 Mich 102, 19 NW2d 502, (1945).

Residence means the place of a permanent home where a party intends to remain. Banfield v Banfield, 318 Mich 38. If both parties live in Michigan the party that files first will establish the case in the county they file in.(venue)A Michigan resident who enters the military does not lose residency status because they are out of state McFadden v McFaddeen 336, Mich 557, 59 NW2d 1 (1953). There are limitations on what may be done while a parent is on active duty.

Legal ground for divorce in Michigan is when "There has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." MCL 552.6The other spouse needs to be notified , called service, and given reasonable opportunity to retain counsel. Sometimes it takes a while for both parties to accept that they are divorcing.

When there are minor children and one of the parents is incarcerated the party starting the divorce must contact the Department of Corrections to confirm the prison number and location of the party and put this in the complaint for divorce.

The caption of the petition or motion must state that a telephonic hearing is required. MCR 2.004(B). The court must issue an order requesting that the Department or facility where the party is located allow the inmate to participate in the proceeding by telephone.

County jails are not included in this statute.Most cases involve a series of scheduling and settlement events with the court. There may be a hearing on temporary issues to stabilize the family until a divorce judgement can be entered.

There is a mandatory waiting period of 60 days for families without children and 6 months for families with children. The waiting period is for the benefit of the children. In Genesee County the series of events will begin with a temporary hearing court date to stabilize children and family finances.

The court will several months later set a pretrial date to resolve discovery timeliness and narrow the issues followed by a settlement conference with the judge and then trial. The parties may settle at any time.Friend of the court mediation may be provided for custody and parenting time disputes. The court may at any time refer a contested issue to mediation.Some local judges have an alternative dispute resolution or mediation process that they order their cases to.

This is where a third party and attorney or an agency tries to resolve the issues without a trial.The legal procedure concludes with entry of a judgement of divorced. Most cases get to this point without a trial.

There is a great value in the parties settling their own issues of children and finances. Good parenting in divorce includes the ability of the parents to learn ways to negotiate their difference and show children that they are loved and secure.The final document entered with the court called a judgement of divorce.

To finalize the judgement a brief court hearing is required. Consent judgement are routinely approved.No divorce judgement may be entered without a hearing in open court at which proofs are taken.

The testimony of at least one party must establish the statutory grounds for divorce andjurisdiction.In those few cases where a trial is required entry of judgement follows a ruling by the court on the disputed issues.

The parties are divorced when the judgement is signed and filed with the court.

Posted here by:
By Attorney Terry Ray Bankert 810 235-1970

http://attorneybankert.com/

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/Articles on Divorce and lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html
Do you need help now?Call 810 235-1970


See:Michigan Family Law Benchbook Second Edition, Institute of Continuing Legal Education 2006, Chapter 1Michigan Family Law 6th Edition, Institute of Continuing Legal Education 2006