Re Assignment , custody, Military Families.

I am a provider of LegalServices, a Flint Divorce Lawyer.

As a Flint Attorney I actively provide free legal information to help you with your family law matter: Divorce, Annulment, issues of children in divorce, to list just a few areas I practice as an Attorney at Law.

By helping you to understand Divorce & Family law, you are better able to handle the costs of divorce emotionally and financially.

The case discussed here is a Michigan Family Law case involving the ability of a parent to move a significant distance and retain custody of her child.

Issues discussed :Divorce; D'Onofrio v. D'Onofrio (NJ Super.); Rittershaus v. Rittershaus;

Whether the trial court's ruling on factor MCL 772.31(4)(a) was erroneous; Costantini v. Costantini; Mogle v. Scriver;

Whether the trial court erroneously evaluated factor MCL 772.31(4)(a) by considering the move relative to Maryland versus Arkansas instead of Michigan versus Arkansas; MCL 772.31(4)©)

Court: Michigan Court of Appeals (Unpublished) 10/21/08Case Name: Nooney Smith v. NooneyKent County MI USALC 05-004809e-Journal Number: 40821Judge(s): Per Curiam - Markey, Sawyer, and Kelly

The trial court's ruling on factor MCL 772.31(4)(a) was erroneous because the evidence fully supported a finding prohibiting the change of domicile to Arkansas would worsen the quality of life for the plaintiff-mother and the child.

In interpreting Divorce, Custody and Parenting time Laws the Court of Appeals found it was in the child best interest to move out of State.The Court uses the statutory Best Interest Factors to evaluate these issues.

Because the trial court's findings on factors (a) and ©) were against the great weight of the evidence, the trial court's ultimate conclusion that the D'Onofrio factors were not met was against the great weight of the evidence and the court found the trial court abused its discretion in denying plaintiff's motion for a change of domicile.

Family, particularly those in the Military have unique needs, the court must take them into consideration.Prohibiting the move , of a United States Army Family, would sever their nuclear family and force plaintiff and her new husband, a staff sergeant, to maintain separate households in different states, which would place a significant financial burden on plaintiff and her lifestyle with the minor child.

In evaluating factor (a), the trial court indicated no additional funds would result from the move, because the staff sergeant was just being relocated from one location to another.The trial court's focus in making this determination was misplaced, looking at a move by plaintiff from Maryland to Arkansas, instead of Michigan to Arkansas.

The staff sergeant provided the sole income for the family's living expenses and was required to move to Arkansas.The Mothers rights allow her to be a stay at home mom for her kids.

Plaintiff is a stay-at-home mom. If she were allowed to move to Arkansas with the minor child, her husband would only be financially supporting one household.On the other hand, if plaintiff were forced to return to Michigan with the minor child, as advocated by defendant and ordered by the trial court, two households would have to be maintained. "Maintaining two households on one income cannot be interpreted as being beneficial for the minor child or plaintiff.

A substantial financial burden would be placed on the family as a whole."

The D'Onofrio test recognizes an improvement of a family's financial situation benefits the entire family unit, which consists of the custodial parent and child.There will be an improvement in the financial situation of the entire family unit if the parent and the minor child move to Arkansas, as opposed to living in Michigan.

Thus, changing plaintiff and the minor child's legal residence to Arkansas had the capacity to substantially improve the quality of life for both the minor child and the custodial parent. Reversed in part and affirmed in part.

If you have question please feel free to contact me.Terry Bankert

http://attorneybankert.com/
10/31/08

Changes In Flint area Child Support

Changes in Child Support in Michigan. 10/26/08

My name is Terry Bankert , I have purchased the Genesee County franchise through "DumpMySpouse.". This is alternative advertising. I hold marraige and unions for the sake of the children to be quite important. But when you make that decision to end your relationship my law firm is available to help you In Flint and Genesee County Michigan USA.


I am a Flint Divorce Lawyer.

Please allow me to share some thoughts as a Flint Divorce Attorney on the changes in the 2008 Michigan Child Support formula and its calculations.

I have been a practicing Flint Divorce Attorney since 1994.

We have some changes in child support that may affect you directly. A year ago changes in the child support laws were enacted that went into effect 10/01/2008. Some of the old child support elements have been eliminated others have been changed.

Divorce Law is hard enough to understand when you are in the middle of the emotional breakup of your family.

Getting your head around issues such as child support may be too much with out help. What sets apart my law firm is that we take the time to educate you so that you now your rights and how decisions and calculation of support are made.

For instance; income determinations have been changed, exemptions have become determinations, step children and children in your home when you pay child support elsewhere are given economic credit for the sacrifices you are making.

Child care has a date certain that it will end and you get economic credit for any overnight parenting that you have with your child.

There is economic justice for the non custodial parent in the amended law.

There are many Flint Attorney or Flint Family Law attorneys that can help you. What separates my law firm is that this is our specialization, we are available and will spend the time necessary so that you understand your options.


One of the most important parts of the new law for Flint Families in divorce and confronting the issues of child support and child custody /parenting time if that there is no longer a sharp drop in the paying parents child support between 127 and 128 annual overnight. It is now an even balances series of reductions based upon these overnight.

Under the old version of the law one additional overnight could reduce child support by 30%. Call my office for an appointment to discuss how the new changes affect you.

There will be no charge for the initial consultation when you mention you saw this article on line.

Terry Bankert
http://attorneybankert.com/
also advertised on
findlaw.com
attorneys.com
dumpmyspouse.com
lawyers.com
just google my name or the above.

TEMPORARY RESTRAINING ORDERS IN MICHIGAN DIVORCE

MICHIGAN DIVORCE TEMPORARY RESTRAINING ORDER

[More articles are in the archives]

What is a temporary restraining order from a MICHIGAN Family Court?

Requirements for a MICHIGAN Divorce Attorney seeking and the court granting a temporary restraining order (TRO): MICHIGAN Fathers Rights and MICHIGAN Mothers Rights equally apply.

It clearly appears from specific facts, as Prepared by a MICHIGAN Divorce Lawyer, shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.

The applicant’s MICHIGAN Attorney certifies in writing any efforts to give notice and why notice should not be required.

A permanent record , By A MICHIGAN Judge, is made of nonwritten evidence, arguments, or representations supporting the application. A record is what is done in front of a MICHIGAN FAMILY COURT Judge after the case is called. The record is produced by ordering transcripts .
The order, prepared by your Michigan Divorce attorney, must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.

Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.

Motions for Temporary Orders as prepared by your Michigan Divorce Lawyer

A Michigan Lawyer will prepare your Motions for temporary orders . Michigan attorney pleadings typically concern Michigan child custody and Michigan support, Michigan parenting time adjustments, restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Michigan attorney fees.

A Michigan Lawyer’ s motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. MCR 3.207(C)(2).
The motion may be made , by your Michigan Legal Counsel, at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested. MCR 3.207(C)(1).

Other provisions regarding the Michigan Divorce temporary order include the following:
The Michigan Divorce order may be modified at any time, following a hearing and on a showing of good cause.

The Michigan Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.

The Michigan Divorce order remains in effect until modified or until entry of the final judgment or order.

The Michigan Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearages that have been assigned to the state.
MCR 3.207(C)(3)–(6).

Your Michigan Judge may not grant exclusive use of the marital home to one party in the absence of evidence of abusive conduct, a risk of physical harm, or conduct detrimental psychologically or emotionally to the children. That the petitioner is "uncomfortable" with the living arrangement probably does not justify depriving the other party of a residence.

At any time, a Michigan Divorce party may request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a Michigan postjudgment proceeding. The motion must allege facts sufficient to show that the petitioner is unable to bear the expense and that the other party is able to pay.

Alternatively, the motion must allege facts sufficient to show that the fees and expenses were incurred because the other party was able to comply with a previous court order but refused. MCR 3.206(C).

Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com/

So you decided to " Dump My Spouse!"

The Divorce Process: Do's ,Don'ts and a few of the steps.

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

By Attorney Terry Ray Bankert 810 235-1970
Google: attorneybankert

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. Google: terrybankert.blogspot

Google:dumpmyspouse.blogspot

Call for a free appointment to calculate your spousal support.

Divorce can be a difficult process. Even in the best of circumstances, tempers may run high, and every decision can seem to be more stressful than the last. It is only human to find yourself reacting emotionally at certain stages of a divorce, but it is important to remember that your actions throughout the process can affect your family, emotional, and financial situation for years to come. Following are some "do's and don'ts" for the divorce process.

THIS PARAGRAPH IS FOR THE SEARCH ENGINES

Terry Bankert is a Flint Divorce Lawyer attorney. His practice issues involve Child custody, child support, fathers and mothers parenting times. He is described as a Flint attorney, Genesee County lawyer, Clio attorney, Burton lawyer, Davidson attorney, Flushing lawyer, military divorce attorney, Flint lawyer, Michigan attorney, Flint alimony, Flint fathers rights, Flint mothers rights. Flint grandparents rights, Flint paternity attorney ,Flint Child visitation Lawyer, Flint spousal support attorney , one of the Flint lawyers, or Flint attorneys, Flint Flint guardianship, Flint family court , Flint childrens rights, Flint parents rights, Flint mediation, Flint collaborative law, Flint child support collection, Flint divorce judgement enforcement, Flint judgement changes , Flint uncontested divorce ,Flint child support payment,, Flint simple divorce, Flint Law Firm, law, Terry Bankert practices Law in the court rooms of Judge Duncan Beagle, Judge Michael Theile, Judge David Newblatt, Judge John Gadola, Judge Robert E. Weiss. Terry Bankert can be found by googling his name terrybankert or , attorneybankert , Bankert can also be found at the internet sites, findlaw, lawyerscom, dumpmyspouse, terrybankert blogspot.

Call 1-810-235-1970 for a free office or phone appointment. Evenings and weekends are available.

THE DO's

DO be reasonable and cooperate as much as possible with your soon-to-be-ex. Reasonable compromise yields quicker and easier results in FLINT divorce cases.

DO support your children through this process. It's even tougher on them than on you. Don't make them pick sides.

DO let your spouse know when and where you will spend time with your kids while you work out permanent custody arrangements.

DO fully disclose all your assets and property. A court can throw out a divorce decree based on financial deception, putting you back in court years after you thought everything was final.

DO ask your attorney if anything doesn't make sense. Your attorney works for you, and should help you understand every part of the divorce process.

THE DO NOT’S

DON'T make big plans to take a job in another state or move out of the country until your divorce is final. Your new life could interfere with getting your Flint divorce is finalized.

DON'T violate any temporary custody or visitation arrangements. It could make it tougher for you to get the custody or visitation rights you prefer.

DON'T "give away" property to friends or relatives and arrange to get it back later. Hiding property can mean your spouse can take you back to court to settle those assets.

DON'T go it alone. Divorce is complicated, and an attorney can make sure that your interests are protected.

DON’T make wedding plans with your new significant other until your divorce is finalized.

A FEW OF THE ISSUES.

180 day residency in Michigan required of one of the parties.

Friend of the Court becomes involved if there are children or spousal support is requested.
Allegations

In a divorce proceeding the only allegation of the grounds for divorce the statute permits is the no-fault grounds, i.e. " there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likely hood that the marriage can be preserved.

Child Custody proceedings are often part of a divorce action but they may be initiated independent of a divorce proceedings.

A married parent may independently commence an action for child support as long as there is no divorce or separate maintenance proceedings.

OTHER PARTIES Generally it is beyond the jurisdiction of the divorce court to adjudicate third- party rights regarding property. An example is a car loan with both names on it. One may be ordered to pay it in the divorce but both can be sued by the lien holder.


Filing and Serving the Divorce/Dissolution PetitionThe divorce complaint is a legal document that is filed in court by a spouse who seeks a divorce.

This complaint informs the court of the filing spouse's (called the "petitioner") desire to end the marriage, and its filing with the court signifies the initiation of the divorce process. Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun.


Contents of the Divorce/Dissolution Petition: Information and Requests

A complaint typically contains the following information:

Identification of the spouses by name and address;

Date and place of marriage;Identification of children of the marriage;

Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;

Grounds for divorce;

Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.

A divorce complaint should be as neutral a document as possible. Inflammatory language can open up wounds that will never heal.

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

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/ or
http://dumpmyspouse.blogspot.com/

DIVORCE MEDIATION LAWYER, ATTORNEY

FLINT ATTORNEY, FLINT LAWYER, DIVORCE, MEDIATION CONVERSATION

By Attorney Terry Ray Bankert 810 235-1970

My firm , I am a Flint Attorney, offers family law services , litigation and mediation: DIVORCE, child support, parenting time, child custody and Grand Parents rights.

These Services through mediation are offered state wide, I will travel to you and much can be done online. Divorce litigation is offered , as a Flint Lawyer, in Genesee County Michigan.

We get our message to marketed through, FindLaw, Terry R. Bankert P.C. Blog, dumpmyspouse, AttorneyBankert, Facebook, FlintTalk, Blogging for Michigan, myspace, Flint Talk radio, Flint Journal , Flint Community blogs, CPS Courier, and WFLT 1420 am radio.

We use the internet venues to present our services to market. For instance the venue " dumpmyspouse " firm offers billboard placement and a .com address That is remembered.

Our site is rich in detail about articles on Divorce, divorce law, divorce forms.

I describe my services as a divorce attorney , divorce lawyer, your divorce rights, divorce custody, divorce parenting time, and the procedures of divorce in Flint Michigan and the State of Michigan.

My theory is to approach divorce , mediation and domestic actions through the eyes of the children when applicable and always from a sense of fairness and equity.

State wide I offer divorce mediation services , as a mediation lawyer, for you privacy and development of a divorce judgement both of you want not a judge.

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 !

Flint Attorney, Flint Lawyer, Divorce Mediation Attorney, Divorce Mediation Lawyer.

HELLO!
10/02/2008
BY Terry Bankert [trb]
http://attorneybankert.com/

A CONVERSATION ABOUT MEDIATION.

[OOSL2] Terry, is this mediation you speak of meant to take the place of the old "settlement conference" where lawyers and clients would meet to hash out their differences and reduce to writing a property settlement for a "stipulated" judgment of divorce or stipulation and property settlement to be attached to the judgment?

[trb] The Courts are moving towards increasing the use of mediation to resolve the emotional issues of divorce and allow court time ,which is short in supply, for that 5% of the cases that are tried.The judges in reality are using the tools of mediation themselves to resolve the problem of too little time and too many cases.

When the parties come to mediation they are ending a relationship with all the bitterness, frustration, disappointment and anger the loss entails. In addition they have a low level of trust in each other.The adversarial process can increase this emotional bitterness .

When parties have children they will be in contact or proximity until the children are adults.Mediation is a process in which an impartial 3rd person facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute.The common practice in Genesee County is for the attorneys to be available but not necessarily present. Mediation is based on the principal of self determination by the participants .

The starting point for 50% of the Divorces in Genesee County is each party thinks their position is right and the others is wrong. Child Custody, parenting time and support are emotional issues not easily solved by a mathematical approach or adversarial approach.

Mediation is a process of fairly balancing power in a non coercive way to achieve accommodation and result in agreement.The attorneys through the adversarial process are focused on the disagreement. The mediation process will begin with a focus on the agreements or common ground.Then to the reasons for the disagreements and discovering new common ground. When our married lives are unwound through the divorce process the emotions of the breaking up process find their way into the pleading, hearing and personal interactions of the husband and wife.Mediation offers the opportunity to ventilate and move parties to be agreement ready.

Where there are difference the Why is explored with focus on the underlying interests and options on how to achieve those interests. The parties are then in a balanced way put in an environment where they can move to yes or agreement and resolve their own problems .The parties are in control of their divorce not victimized by the process.The image of a 4 way at the table ,parties and counsel negotiating a settlement does not occur until a trial date where all are obligated to appear and be ready for trial.

Most trial dates have 4-6 cases ordered to be ready for trial. Since only one at a time can go plus there may be emergency hearings or carry overs from a prior day the probability of having a trial on your first trial date is only 10% , on your 2nd trial date 50% + and 90% on your third trial date.The judge usually will direct the parties to attempt to settle in the hall ways and report back before being released.The parties will feel maximum pressure, loss of control and often a sense of victimization by the system.

The Practice of mediation in Genesee County is usually towards the end where the attorneys have completed discover and staked out positions by brief. Most cases will have already had a court settlement conference with the judge where a judge indicated the likely conclusion at trial on facts presented by counsel.In Judge [N] court there is early mediation by the Community Dispute Center that takes place on the motion morning to help resolve issues of child custody, child support, parenting time until there can be a trial, 6 months away.

Stipulated or consent judgements are already 95% of the cases, mediation offers a different pathway to get there.

[00SL2]Do you see the divorce meditations being any more productive than just discussing settlement and resolving differences through respective counsel?

[trb] Yes! Mediation is a positive addition to the role of counsel. Divorce and its included decisions of custody support and property division is an emotional process. In this adversarial process the attorneys stake out client positions with authority for minor modification. The farther from the trial date the more entrenched the positions.

When neither party is prepared to accept the others position a third way is needed. The options are early on in the [N] court for mediation, in [W,B,T] for a FOC referee to give the parties a brief hearing and make a recommendation which often is an order even if objected until a later,30 days, hearing/trial, can be scheduled.Judge [G] will attempt to resolve in open court often delaying to another day and directing the parties to negotiate.

Meditations serves various purposes, including the opportunity of the parties to define interests, explore and assess possible solutions and reach mutually satisfactory agreements when desired. The parties are in control of the process and divorce with dignity.The process is private, quicker, its reduces long term conflict, saves money and is better for the children.

The solutions are party generated agreements on coerced. Success in mediation is not measured by resolving all the issues. It is measured by putting the parties in control and preparing both to be agreement ready. Attorneys regularly use the mediation process to resolve the emotional conflicts between the parties usually concerning children and support.

The economic issues can be resolved through mediation but most often once the parties emotional conflicts are mediated the dollar and cents final resolution is completed by the attorneys.

Posted here by Terry Bankert 10/2/2008http://attorneybankert.com/

UNDERSTANDING DIVORCE

UNDERSTANDING THE DIVORCE PROCESS

By Attorney Terry Ray Bankert 810 235-1970

My firm offers family law services: DIVORCE, child support, parenting time, child custody and Grand Parents rights.

These Services through mediation are offered state wide.Divorce litigation is offered in Genesee County Michigan. We get our message to market through, FindLaw, Terry R. Bankert P.C. Blog, dumpmyspouse, AttorneyBankert,facebook, FlintTalk,Blogging for Michigan,myspace, Flint Talk radio, Flint Journal Community blogs, CPS Courier, and WFLT 1420 am radio.

We use the internet venues to present our service to market. For instance the venue " dumpmyspouse " firm offers billboard placement and a .com address thats remembered. Our site is rich in detail with articles on Divorce, divorce law, divorce forms.

I describe my services as a divorce attorney / divorce lawyer, and advising you on your divorce rights, divorce custody, divorce parenting time, and the procedures of divorce in Flint Michigan and the State of Michigan.

My theory is to approach divorce and domestic actions through the eyes of the children when applicable and always from a sense of fairness and equity.

State wide I offer divorce mediation services for your privacy and development of a divorce judgement both of you want not a judge.

See http://attorneybankert.com/ for Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/Do you need help now? Call 810 235-1970 !Date 10/2/2008

Where to File for Divorce

State courts have power (or "jurisdiction") over divorce proceedings, in Flint it will be the Genesee County Circuit Court , so the spouse seeking a divorce files an initial document called a divorce "complaint".

Michigan has a specific family court division where the divorce petition is filed and the case is heard.

Do I have to live in a state to get a divorce there?

All states require a spouse to be a resident of the state -- often for at least six months , Michigan, and sometimes for as long as one year -- before filing for a divorce there.

Someone who files for divorce must offer proof that he or she has resided there for the required length of time.Only three states -- Alaska, South Dakota and Washington -- have no statutory requirement for resident status.

If you think that your spouse will file for divorce in another state, it may be prudent to spend the money up front and file first -- in your home state.

Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere you could rack up a lot of traveling expenses.

Also, any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support , must be filed in the original state. This could keep you traveling out of state for years to come, especially if you have children with your spouse.

Can one spouse move to a different state or country to get a divorce?

If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else.

The courts of all states will recognize the divorce.

If you receive documents from a foreign country, you may want to consult an attorney to advise you of whether your state court or the foreign court governs the issues. This depends on many factors, such as which particular country is involved, where the parties lived and for how long and, of course, whether children are involved.

Filing and Serving the Divorce/Dissolution Petition

The divorce/dissolution Complaint is a legal document that is filed in court by a spouse who seeks a divorce. Also called the "petition" in some states, the complaint informs the court of the filing spouse's desire to end the marriage, and its filing with the court signifies the initiation of the divorce process.

Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun (more on serving the petition below).

Contents of the Divorce Complaint:

Information and RequestsWhile specific requirements and formats vary from state to state, the divorce/dissolution petition typically contains the following information:

Identification of the spouses by name and address;

Date and place of marriage;Identific ation of children of the marriage;Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;Grounds for divorce;

There has been a breakdown in the Marital relationship and the bonds of matrimony have been broken. Specific fault does not have to be stated.Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.

Contents of the Divorce/Dissolution Petition: Temporary Orders

In addition to the information described above, the divorce complaint may ask the court to put temporary "orders" in place on certain family and financial issues while the divorce process is ongoing.

If approved, these orders usually stay in effect until the divorce becomes final.These temporary orders may pertain to issues such as:

Which spouse will have primary (physical) custody of the child(ren);

Child visitation schedule for the non-custodial spouse;

Payment of child support;

Payment of spousal support;

Which spouse will live in the couple's house or primary residence;

Payment of bills and other financial concerns

*****
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/