Family Law Lawyer Midland MI
RELATED FAMILY MATTERS
Wilson Law Office, P.C. has the experience and knowledge to manage multiple family law matters related to paternity, pre and post nuptial agreements, judgment enforcement after a divorce, changes in domicile and termination of parental rights. Attorneys at Wilson Law Office, P.C. are here to protect your rights, interests and the best interests of your children and family.
- Child Support
- Child Custody
- Change of Custody
- Parenting Time Modification
- Post Judgment Enforcement
- Pre/Post Nuptial Agreements
- Change of Domicile
- Separate Maintenance
- Termination of Parental Rights
CHANGE OF CUSTODY
A child custody order is never set in stone. To change custody there must be “proper cause” or a “change in circumstances.” Once that threshold is met, the trial court must make a determination whether or not it is in the best interest of the minor child to change custody. The Child Custody Act of 1970 contains a statutory presumption in favor of an established custodial environment. When an established custodial environment exists, a change in custody may only be made if clear and convincing evidence is presented. If no established custodial environment exists, custody may be modified by showing a preponderance of the evidence that a change would be in the best interests of the minor child.
MODIFICATION OF PARENTING TIME
The best interests of the minor child are the controlling considerations for modifying parenting time. The law creates a presumption that it is in the best interest of the minor child to have a strong relationship with both parents. Parents are free to reach an agreement regarding parenting time without court intervention and that agreement will be followed unless the court finds that there is clear and convincing evidence that the agreement is not in the best interests of the minor child. To modify parenting time, there must be “proper cause” or a “change in circumstances.”
POST JUDGMENT ENFORCEMENT
Although a divorce may be final, issues may arise from the judgment of divorce. Enforcement issues surrounding nonpayment of child and/or spousal support and/or failure to comply with property settlement can arise after a divorce.
Paternity is determining whether or not an individual is the biological father of a child. Michigan law provides the mother, putative father, or the State of Michigan standing to bring an action to establish paternity.
Paternity may need to be established in order for a biological father to gain custody of a child or to seek parenting time. A mother may need to establish paternity to get child support. In addition, an individual may need to establish paternity to avoid responsibility for a child that is not his.
PRE/POST NUPTIAL AGREEMENTS
A prenuptial agreement is a contract between two people prior to marriage that determines property rights in the unfortunate event of death or divorce. Postnuptial agreements are those agreements formed after marriage. Each party to this agreement has an interest in seeking the advice of an independent attorney prior to signing the agreement. It is extremely important to be fully informed about the ramifications of a pre or post nuptial agreement prior to signing.
We understand the taboo of contemplating a future divorce possibility prior to or during a marriage, unfortunately divorce is a reality in a high percentage of marriages.
CHANGE IN DOMICILE
Typically, every divorce judgment or custody order will have a limitation preventing a parent from moving more than 100 miles from the county where the order was issued. The court’s approval is necessary to move beyond that 100 mile boundary. Permission is not automatic and can involve an adversarial process.
In certain situations, an action for separate maintenance may be appropriate. An action for separate maintenance is similar to that of an action for divorce. A Judgment of Separate Maintenance in Michigan determines each parties rights regarding property, spousal support, child custody and child support. The difference is that a Judgment of Separate Maintenance does not dissolve the bonds of matrimony; therefore, neither party may remarry.
TERMINATION OF PARENTAL RIGHTS
Termination of parental rights ends the parent-child relationship. Once these rights are terminated the child can be adopted by another individual or individuals. Because of the nature and ramifications of this decision, the process to terminate an individual or individuals’ parental rights can be complex.
Parental rights can be terminated voluntarily or involuntarily. Michigan Law allows a parent to terminate parental rights through written consent. However, even with the written consent, the court must determine if there is good cause to terminate those rights. Involuntary termination requires the petitioner to present compelling evidence that there are grounds for termination.
If you are involved in a situation regarding termination of parental rights, seeking the advice of an experienced attorney is a must. These proceedings are complex and permanent. Wilson Law Office, P.C. has the experience and knowledge necessary to protect your rights.
Annulment is appropriate to resolve two kinds of marriages. An annulment is appropriate when a marriage is void ab initio and when a marriage is voidable. A marriage that is void ab initio is considered void from the beginning and is treated as though it never happened. The grounds to annul a marriage that is voidable are enumerated in Michigan Law (MCL- 552.1-.2 are consanguinity, affinity, lack of consent, mental incompetence, bigamy, fraud, duress and nonage.
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