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Jeanne M. Hannah
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After both the mother and the father properly sign the acknowledgment of parentage and it is filed with the state, the mother has initial custody of the child (including legal custody), without prejudice to the determination of either parent’s custodial rights, until otherwise determined by the court or agreed by the parties. MCL 722.1006. However, this initial custodial grant to the mother does not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time Continue reading
Posted Dec 4, 2018 at UPDATES IN MICHIGAN FAMILY LAW
In today's mobile society where parents and children move from one state to another after a divorce or custody action, the question often arises whether the state that made the initial child custody determination continues to have exclusive, continuing jurisdiction over modifications of custody orders. Continue reading
Posted Nov 26, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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Domestic abuse is an issue that family lawyers should discuss with clients frequently. This conversation is part of my intake procedure and continues during representation. In fact, the first advice I give someone who is making an appointment by telephone is this: "Set up a new email address that is to be used exclusively for your attorney / client communications. Do not save the password so that this account may be accessed by your spouse or anyone else in your household. Use a unique password and do not leave it around where it can be found. Be very, very careful to erase your history each time you do research on the computer. Password protect your computer and your smart phone." Continue reading
Posted Nov 6, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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Thank you to Pat Morgan for reaching out to request that I review and post the Campus Safety Guide. This is a very comprehensive guide to help college students stay safe from sexual abuse / sexual violence on college campuses. After Dr. Larry Nassar, after Dr. Christine Blasey Ford's courageous testimony in the Kavanaugh hearings, it occurs to me that ALL college students need to learn more about staying safe on campus. I've reviewed the online campus safety guide. It is comprehensive and contains practical advice about dangers inherent on college campuses. The tools suggested for staying safe are chock full of common sense. Continue reading
Posted Oct 28, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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When domestic abuse and children are involved, divorce and custody can be the epitome of high-stakes conflict and frustration and all too frequently protective parents lose custody of their child to a named abuser. Domestic Abuse, Child Custody, and Visitation helps mental health professionals, attorneys, and lay readers navigate the judicial process so that decisions are truly made in the best interest of children. Continue reading
Posted Sep 26, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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The Michigan Judicial Institute publishes many benchbooks. These are helpful to judges and other court personnel in case management of family law cases in which domestic violence is an issue. They are also helpful to attorneys working with courts and clients. Domestic Violence Bench. The fourth edition was initially published in 2013, and the text has been revised, reordered, and updated through August 22, 2018. Continue reading
Posted Sep 26, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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Take a look at this wonderful tool to help parents and children decide which films and books are age-appropriate and good choices for kids. Continue reading
Posted Sep 6, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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When a CPS referral is made and the report comes back in 60 days (or less) as "unsubstantiated," that report may negatively affect a parent's custody rights. If the judge thinks that a parent is making false allegations of abuse, the judge may well rule in favor of the other parent when making custody or parenting time rulings. "Unsubstantiated." What does this term mean in this context? Continue reading
Posted Sep 5, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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A putative father must establish paternity before he is entitled to notice of child protective proceedings. In re Gillespie, 197 Mich App 440, 443-446 (1992) Since a legal father who is not a party to the proceeding, (i.e., was not cited for abuse or neglect), is in priority position to receive an interim care and custody order during the proceedings, it is essential to establish his paternity / parental status and to get him included in the proceeding and to get his parental status confirmed as soon as possible. This blog post is a guide to tutorial and resources ("The Toolkit") to assist lawyers representing a parent in a child abuse and neglect case to establish paternity and protect paternal rights in the proceedings. Continue reading
Posted Jul 29, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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Service of Process by Mail: A query was posed whether I'd recommend mailing, by certified mail return receipt requested, a summons and complaint for divorce to a husband in China who, it is thought, will accept service and sign the judgment of divorce. I suggested sending by mail and asking Husband to sign both the Acknowledgment of Service on the back of the Summons and the Consent Judgment at the US Embassy by apostille signature. Continue reading
Posted Jul 29, 2018 at UPDATES IN MICHIGAN FAMILY LAW
Elizabeth Sadowski calls to my attention today that a NY court has allowed service of divorce documents via Facebook.and comments that perhaps service via social media or email will become the norm? Continue reading
Posted Jul 29, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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Daniel Pollack and colleagues write recently of a challenging issue facing today's children, families, schools, courts, law enforcement, and communities. The topic is whether multiple foster care placements during childhood should be considered as a mitigating circumstance during sentencing those convicted of crime. The authors posit that considering foster care placement as a mitigating factor "is compelling, particularly if the placements took place during a contracted period of time and during pre-adolescence or adolescence." Continue reading
Posted Apr 10, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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Description of Colonial Clock Company Grandfather Clock: Painted on back of clock case: Left: I293 Right: I277 Stamped on back of the movement: [D?] Jan 12-09 [See photo] 6871 Brand -- Colonial Clock Company Seven tubular chimes Chime Type - Westminster and Canterbury Mahogany - Condition of case good Dimensions... Continue reading
Posted Feb 17, 2018 at Treasure Trove
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The National Center for Missing and Exploited Children has analyzed reported of patterns and trends of online child sexual predators and has compiled a report that focuses on offenders’ goals and tactics, the nature of child/offender relationships, the various online locations used to commit this crime and the aftermath/outcomes for child victims. Parents can access the NMEAC report to learn more about the online enticement of children, including prevention and intervention efforts. Continue reading
Posted Feb 6, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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Most of the lawyers, court personnel, judges and parents who read my blog are well aware that there have been many--too many--cases in which a parent has alienated a child or children from the other parent. The results can be devastating. Some cases have gained notoriety that has not been helpful -- that has often harmed not only the parents and children, but also lawyers and/or court personnel trying to resolve these vexing and destructive cases. Having identified the problem, lawyers, courts and parents need to look for better answers. Continue reading
Posted Jan 13, 2018 at UPDATES IN MICHIGAN FAMILY LAW
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Michigan's Revocation of Paternity Act requires a person desiring to set aside (revoke) a previously signed Acknowledgment of Parentage within three years of the date of birth of the child or within three years after the AOP was signed, whichever is later. Certain facts can be grounds for extending that three year time limit. Continue reading
Posted Nov 22, 2017 at UPDATES IN MICHIGAN FAMILY LAW
Amazing! Imagine a mother so eager to go to Europe for a vacation that she would leave her four children home alone. It's hard to believe, isn't it! Erin Macke lives in a suburb of Des Moines. When she could... Continue reading
Posted Nov 7, 2017 at UPDATES IN MICHIGAN FAMILY LAW
Sexual abuse of childen: Sometimes "silence is golden." However, when people who are in charge conceal sexual predatory conduct, it can be the cause of life-long suffering for the victims of such coverups. Continue reading
Posted Nov 6, 2017 at UPDATES IN MICHIGAN FAMILY LAW
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Children need both parents to grow up as healthy, fully-functioning adults. Mothers who seek to exclude a child's other parent from the child's like are doing the child a great disservice--a great harm. "Children who grow up without a father are five times more likely to live in poverty and commit crime; nine times more likely to drop out of schools and twenty times more likely to end up in prison. They are more likely to have behavioral problems, or run away from home, or become teenage parents themselves. And the foundations of our community are weaker because of it." Barack Obama Continue reading
Posted Sep 25, 2017 at UPDATES IN MICHIGAN FAMILY LAW
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In Bisbing v Bisbing, released on August 8, 2017, a court overturned law that required the courts to consider factors having little to do with the child(ren)'s best interests when deciding whether to permit a custodial parent to relocate children from New Jersey to another state. What role does the best interests of the child have to play in relocation cases? Continue reading
Posted Aug 30, 2017 at UPDATES IN MICHIGAN FAMILY LAW
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Bullying can have serious, and sometimes fatal consequences. Yesterday, August 2, 2017, CBS reported on the suicide of a 12-year-old girl--Mallory Grossman--who was a straight-A student who loved gymnastics. Mallory, killed herself on June 14 after what her parents claim was relentless cyberbullying by her classmates. Her parents are suing the Rockaway, New Jersey school system for failing to use proper protocol after they reported the cyberbullying. Continue reading
Posted Aug 3, 2017 at UPDATES IN MICHIGAN FAMILY LAW
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From the website of YouthToday.org, by our regular guest blogger, Professor Daniel Pollack: Cockroaches, those infamous, hearty and adaptable bugs, can withstand hostile temperatures that few other creatures can endure. Chameleons, known for their ability to change their appearance, can... Continue reading
Posted Jul 24, 2017 at UPDATES IN MICHIGAN FAMILY LAW
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According to Michigan law, any modification of custody is subject to the Child Custody Act and requires independent consideration by the court of the best-interest factors. Even modification of parenting time changes requires satisfying the requirements of the Child Custody Act. Just because a trial court calls a change “temporary” does not permit the trial court to avoid its obligation to hear evidence and to make findings of fact and conclusions of law on the best interest of the child factors. Continue reading
Posted Jun 30, 2017 at UPDATES IN MICHIGAN FAMILY LAW
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Professor Amy Bonomi, Professor and Chair of Human Development and Family Studies at Michigan State University and David Martin, King County (Washington) published the field’s first analysis of jail calls that occur between domestic abusers and their victims; outlining a five-stage model describing how abusers manipulate their victims into changing their stories to lessen impending criminal charges. Continue reading
Posted Jun 23, 2017 at UPDATES IN MICHIGAN FAMILY LAW
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This is the most moving, most haunting, saddest and most powerful article I have ever read about one of the most horrific things that could happen to a family--forgetting that the baby is in the car, parking the car at work for 8 or 9 hours. And the baby dies. Kids & Cars has resources to help parents avoid this tragedy. Continue reading
Posted Jun 11, 2017 at UPDATES IN MICHIGAN FAMILY LAW