Facts Considered in a Crawford County Child Custody case.
1. Prior Custody Orders
The mere existence of a temporary custody order does not create an established custodial environment. The court must examine the underlying facts and apply the statutory definition. See Jack v Jack, 239 Mich App 668, 610 NW2d 231 (2000); Baker v Baker, 411 Mich 567, 309 NW2d 532 (1981) (two temporary custody orders did not by themselves establish custodial environment). Even if a custody order is labeled permanent, the trial court must still determine if there is an established custodial environment by looking to the actual circumstances of each case. Wealton v Wealton, 120 Mich App 406, 327 NW2d 493 (1982).
For questions contact http://www.attorneybankert.com
While the parties may stipulate to a temporary custody arrangement during the pendency of a divorce and the court may enter a temporary order pursuant to that stipulation, the resulting order is not a “previous” judgment or order for the purposes of MCL 722.27(1)(c).
Therefore, a movant for a different custody arrangement is not obligated to show by clear and convincing evidence that there is proper cause or a change of circumstances justifying the change and that the modification would be in the best interests of the child. While MCL 722.27(1)(c) provides that a previous judgment or order may not be modified unless there is a showing of proper cause and a change of circumstances, a temporary order entered without an evidentiary hearing and based solely on the stipulation of the parties is not a “previous” judgment or order. Modification of such an order is governed by that portion of MCL 722.27(1)(c) governing a new order. To create a new order and modify an established custodial environment, the movant is not required to show proper cause or a change of circumstances but must present clear and convincing evidence that it is in the best interests of the child to modify the established custodial environment. Thompson v Thompson, 261 Mich App 353, 683 NW2d 250 (2004). see http://www.dumpmyspouse.com
The facts regarding prior custody orders were examined in the following circumstances to determine whether there was an established custodial environment:
Repeated changes in physical custody and the uncertainty of the situation because of the upcoming custody trial precluded the establishment of a custodial environment. Bowers v Bowers, 198 Mich App 320, 497 NW2d 602 (1993).
Temporary custody of the children for approximately 15 months did not establish a custodial environment. Moser v Moser, 184 Mich App 111, 457 NW2d 70 (1990); see also Meyer v Meyer, 153 Mich App 419, 395 NW2d 65 (1986) (two temporary orders over six months were not “appreciable” period of time to establish custodial environment); Breas v Breas, 149 Mich App 103, 385 NW2d 743 (1986) (that custody lasted nine months did not give rise to established custodial environment given instability of home and that child looked to other parent for guidance and discipline); but see De Vries v De Vries, 163 Mich App 266, 413 NW2d 764 (1987) (established custodial environment was established during temporary order that lasted ten months).
An established custodial environment was not found where, although temporary custody was given to the mother, the father actively pursued a relationship with the children. Curless v Curless, 137 Mich App 673, 357 NW2d 921 (1984); see also Wealton v Wealton, 120 Mich App 406, 327 NW2d 493 (1982) (child had spent more of past year with noncustodial parent than with custodial parent).
That one parent had been given temporary custody by an invalid order should not have been the basis for establishing a custodial environment and modifying custody. Pluta v Pluta, 165 Mich App 55, 418 NW2d 400 (1987).
Many people that domestic issues alson have financial issues. We know that its www.nojokebeingbroke.com
Thursday, April 21, 2011
Monday, April 26, 2010
Domestic Violence is not accepted in Crawford County
FLINT DIVORCE LAWYER BANKERT COMMENTS ON KIM KARDASHIAN AND DOMESTIC VIOLENCE. POINT OF VIEW:IF THIS HAPPENED IN MICHIGAN.
4/26/2010
Terry Bankert a Flint Michigan Divorce Attorney comments on the following celebrity domestic relations and the issue implications from a Michigan Family Law view.
DOMESTIC VIOLENCE
New divorce court papers reveal Kim Kardashian's tumultuous relationship with ex-husband and music producer Damon Thomas, including the claim that Thomas punched Kardashian in the face and slammed her against the wall. [1]
DID YOU KNOW: Domestic violence happens when one household member , spouse , romantic interest or just room mate, chooses to use a pattern of physical assaults, threats of violence, and emotional abuse to maintain power and control over another.
Americas 50 states all have statutes authorizing courts to issue orders of protection to domestic violence victims.
NO POLICE CALLS, NO PPO
Why no police reports? Abject fear. "I thought about calling the police but was afraid and decided not to do so," Kardashian reported.[4]
In Michigan, a victim of domestic violence has the option of obtaining a personal protection order (PPO) to stop abusive behavior. PPOs may order a stop to specific actions, such as assaulting, attacking, beating, molesting, stalking, or wounding the petitioner. Additionaly, they may prohibit entering specific premises, usually including the petitioner’s home and place of employment. PPO’s may also prohibit the removal of minor children from the legal custodian, purchasing or possessing a firearm, and any other act that interferes with the petitioner’s personal liberty or that causes a reasonable fear of violence.
CONTROLLING
The papers also claim that Thomas gave her $3,650 to get liposuction, because he wanted her to be "perfect." [1]
During their divorce in 2004, Kim revealed in a sworn testimony that she was instructed to have liposuction, was treated like a maid and that music producer Damon had threatened to kill her.[3]
DOMINATING
"Damon decided what we would do and when we would do it. He was very much the 'King of the castle," Kardashian stated in the documents. [1]
THEATS OF VIOLENCE TO HER FAMILY
"He threatened to kill me, my family members and the guys that I am dating."
But that wasn't the only threat against her life, he repeated it at least 12 times. "At this point, I am frightened by the stories that are repeated to me." [2]
INDICATORS OF DOMESTIC VIOLENCE
Domestic violence is a pattern of behavior whose purpose is to establish power and control over another person through fear and intimidation, often including the threat or use of violence. National Coalition Against Domestic Violence, at http://www.ncadv.org/.
Domestic Violence is not limited to physical violence, abusers may use many forms of control against their partners, including
isolation from friends and family;
verbal abuse (belittlement, taunting);
intimidation (destroying property, abusing pets, displaying firearms);
economic abuse (controlling access to money, preventing or interfering with employment);
coercion (threatening to commit suicide or to report incidents to protective services);
use of the children (harassment during parenting time, threatening to kidnap the children);
sexual abuse; and
stalking.
SHOULD SHE HAVE SOUGHT A PPO?
Nobody has a right to hit you. But you have to act. A PPO is one way.
PPOs have two types that may be issued, depending on the relationship between the parties. A domestic relationship PPO enjoins certain assaultive and threatening behaviors when there is a domestic relationship between the parties. A domestic relationship exists if the parties are or have been married, have had a child in common, have lived together, or have dated.
WHAT BEHAVIOR CAN A PPO STOP OR AT LEAST GIVE THE POLICE A REASON TO ARREST?
What acts may a domestic relationship PPO restrict? Petitioners may request that the court prohibit respondents from the following:
(a) Entering onto premises.
(b) Assaulting, attacking, beating, molesting, or wounding a named individual.
(c) Threatening to kill or physically injure a named individual.
(d) Removing minor children from the individual having legal custody of the children.
(e) Purchasing or possessing a firearm.
(f) Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by respondent.
(g) Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct that impairs petitioner’s employment or educational relationship or environment.
(h) Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.
(i) Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code (stalking).
(j) Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.
MCL 600.2950(1).
SHORT TERM MARRAIGE
The two were marred in Las Vegas when Kardashian was 19, Thomas 29. They divorced three years later.[1]
Posted here by
Terry Bankert
http://www.attorneybankert.com/
SEE
[1]
http://abcnews.go.com/Entertainment/slideshow/survivors-abuse-7057338
[2]
http://www.hindustantimes.com/Kardashian-s-bad-marriage/H1-Article1-535226.aspx
[3]
http://www.mirror.co.uk/celebs/news/2010/04/24/court-papers-reveal-kim-kardashian-s-abusive-four-year-marriage-115875-22208181/
[4]
http://www.sheknows.com/articles/814830/kim-kardashian-papers-detail-abuse-at-hands-of-ex-1
4/26/2010
Terry Bankert a Flint Michigan Divorce Attorney comments on the following celebrity domestic relations and the issue implications from a Michigan Family Law view.
DOMESTIC VIOLENCE
New divorce court papers reveal Kim Kardashian's tumultuous relationship with ex-husband and music producer Damon Thomas, including the claim that Thomas punched Kardashian in the face and slammed her against the wall. [1]
DID YOU KNOW: Domestic violence happens when one household member , spouse , romantic interest or just room mate, chooses to use a pattern of physical assaults, threats of violence, and emotional abuse to maintain power and control over another.
Americas 50 states all have statutes authorizing courts to issue orders of protection to domestic violence victims.
NO POLICE CALLS, NO PPO
Why no police reports? Abject fear. "I thought about calling the police but was afraid and decided not to do so," Kardashian reported.[4]
In Michigan, a victim of domestic violence has the option of obtaining a personal protection order (PPO) to stop abusive behavior. PPOs may order a stop to specific actions, such as assaulting, attacking, beating, molesting, stalking, or wounding the petitioner. Additionaly, they may prohibit entering specific premises, usually including the petitioner’s home and place of employment. PPO’s may also prohibit the removal of minor children from the legal custodian, purchasing or possessing a firearm, and any other act that interferes with the petitioner’s personal liberty or that causes a reasonable fear of violence.
CONTROLLING
The papers also claim that Thomas gave her $3,650 to get liposuction, because he wanted her to be "perfect." [1]
During their divorce in 2004, Kim revealed in a sworn testimony that she was instructed to have liposuction, was treated like a maid and that music producer Damon had threatened to kill her.[3]
DOMINATING
"Damon decided what we would do and when we would do it. He was very much the 'King of the castle," Kardashian stated in the documents. [1]
THEATS OF VIOLENCE TO HER FAMILY
"He threatened to kill me, my family members and the guys that I am dating."
But that wasn't the only threat against her life, he repeated it at least 12 times. "At this point, I am frightened by the stories that are repeated to me." [2]
INDICATORS OF DOMESTIC VIOLENCE
Domestic violence is a pattern of behavior whose purpose is to establish power and control over another person through fear and intimidation, often including the threat or use of violence. National Coalition Against Domestic Violence, at http://www.ncadv.org/.
Domestic Violence is not limited to physical violence, abusers may use many forms of control against their partners, including
isolation from friends and family;
verbal abuse (belittlement, taunting);
intimidation (destroying property, abusing pets, displaying firearms);
economic abuse (controlling access to money, preventing or interfering with employment);
coercion (threatening to commit suicide or to report incidents to protective services);
use of the children (harassment during parenting time, threatening to kidnap the children);
sexual abuse; and
stalking.
SHOULD SHE HAVE SOUGHT A PPO?
Nobody has a right to hit you. But you have to act. A PPO is one way.
PPOs have two types that may be issued, depending on the relationship between the parties. A domestic relationship PPO enjoins certain assaultive and threatening behaviors when there is a domestic relationship between the parties. A domestic relationship exists if the parties are or have been married, have had a child in common, have lived together, or have dated.
WHAT BEHAVIOR CAN A PPO STOP OR AT LEAST GIVE THE POLICE A REASON TO ARREST?
What acts may a domestic relationship PPO restrict? Petitioners may request that the court prohibit respondents from the following:
(a) Entering onto premises.
(b) Assaulting, attacking, beating, molesting, or wounding a named individual.
(c) Threatening to kill or physically injure a named individual.
(d) Removing minor children from the individual having legal custody of the children.
(e) Purchasing or possessing a firearm.
(f) Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by respondent.
(g) Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct that impairs petitioner’s employment or educational relationship or environment.
(h) Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.
(i) Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code (stalking).
(j) Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.
MCL 600.2950(1).
SHORT TERM MARRAIGE
The two were marred in Las Vegas when Kardashian was 19, Thomas 29. They divorced three years later.[1]
Posted here by
Terry Bankert
http://www.attorneybankert.com/
SEE
[1]
http://abcnews.go.com/Entertainment/slideshow/survivors-abuse-7057338
[2]
http://www.hindustantimes.com/Kardashian-s-bad-marriage/H1-Article1-535226.aspx
[3]
http://www.mirror.co.uk/celebs/news/2010/04/24/court-papers-reveal-kim-kardashian-s-abusive-four-year-marriage-115875-22208181/
[4]
http://www.sheknows.com/articles/814830/kim-kardashian-papers-detail-abuse-at-hands-of-ex-1
Thursday, April 1, 2010
If Sandra Bullock lived in Crawford County could she get custody of the daughter of Jesee James?
COULD SANDRA BULLOCK SEEK GUARDIANSHIP AND THEN CUSTODY OF THE CHILD OF JESSE JAMES ?
*****
Find Your Michigan Family Law Attorney http://www.dumpmyspouse.com/
*****
Jesse James Once Again In Child Custody Battle With Ex-Wife[1]Crawford Divorce Attorney Terry Bankert comments on the Family Law applicable if Jesse James Custody case was in Michigan.
CHILD CUSTODYThe Press released recently, Motorcycle builder Jesse James is once again in fights with ex-wife Janine Lindermulder over their child . James is now married to Sandra Bullock as of July 2005, but the fight over custody with his ex-wife returns in light of the now alleged scandal.[1]Jesse James has Custody of his daughter.In Michigan and Crawford Divorce Courts the Child Custody Act demands an assessment of the ability of individual parents to care for their children. The act standardizes the criteria for the best interests of the child and creates a comprehensive framework for decisions regarding child custody. Wealton v Wealton, 120 Mich App 406, 327 NW2d 493 (1982).
CHANGE IN CHILD CUSTODYThe porn star ex-wife of Sandra Bullock's hubby has reportedly decided to take him to court to get custody of their daughter. [2]In Michigan and Crawford Divorce Court a child custody order is never unchangeable. The Child Custody Act allows a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. MCL 722.27(1)(c).There is a lot of proper cause here.
DAD HAS CUSTODY OF DAUGHTERJames currently has full custody of Sunny since Lindermulder lives in a halfway house after being found guilty of tax evasion, TMZ reported.[2]Sources told the celebrity site that Lindermulder knew she didn't stand a chance of gaining even partial custody from James…[2] In Michigan and Crawford Divorce Court the court must consider three issues before modifying a custody order: (1)Has the petitioner carried the initial burden of establishing either “proper cause shown” or a “change of circumstances”? (2) Is there an established custodial environment? and (3) Is the modification in the best interests of the child?The requirement to find a change of circumstance or proper cause and not changing an established custodial environment without clear and convincing evidence—are intended to “erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.
NON CUSTODIAL EX PORN STAR MOM IS IN HALF WAY HOUSE AFTER PRISON.Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]If this were a Crawford Divorce Court cause the burden will be on Lindermulder to show a change in circumstances.The Crawford Divorce Courts first issue will be to considered whether the biological mother has shown the requisite “proper cause” or “change of circumstances” directed by MCL 722.27(1)(c). Vodvarka v Grasmeyer, 259 Mich App 499, 675 NW2d 847 (2003). The existence of proper cause or a change of circumstances is a threshold matter in any consideration of a change to a prior custody order. The biological mother here has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists before the trial court can consider whether an established custodial environment exists (thus establishing the burden of proof) and conduct a review of the best interests factors. Id. at 509.
MOM ADMITS SHE CANNOT PROVIDE STABILIZING ENVIRONMENTLindermulder previously believed, say sources, that she would have a difficult time getting even partial custody of Sunny because Bullock was considered "a stabilizing family influence." [1]A Michgian Crawford Divorce Court must follow the Michigan Child Custody Act which contains a strong policy statement that “the best interests of the child” must be the court’s controlling guide in custody disputes. MCL 722.25. MCL 722.23 defines the “best interests of the child” . Stability is directly addressed in section (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
IS DAD CURRENT MARITAL ISSUES ENOUGH TO CHANGE CUSTODY?Now, sources state, in light of the scandal, Lindermulder hopes she has a better chance of getting her daughter back.[1]
GREAT STEP MOTHERBefore the scandal broke, Bullock had stated her joy in helping to raise Sunny, even having helped James get custody of the girl.[1]
MOTHERHOODIn her Oscar acceptance speech for The Blind Side, Bullock said, "I would like to thank what this film is about for me, which are the mom’s that take care of the babies and the children no matter where they come from. Those moms and parents never get thanked."
CAN ESTRANGED WIFE AND STEP MOTHER GET CUSTODY?However, Bullock isn't through with her stepdaughter Sunny, Bradley said. US has reported that she's looking to get custody of the 6-year-old girl, Bradley said. [3]Jacobs said on "The Early Show," "Think about it, Sandra's been married to Jesse for five years and they have raised this girl together. Her mother, her biological mother, is in a halfway house, she was a former porn star, she's an admitted drug addict. [3]So basically Sandra has been this girl's mother. [3]Now she wants to divorce Jesse, but she still wants to raise Sunny.[3]It's an interesting legal question, because Sandra, of course, is not the biological (mother) or (has any) legal claims to this girl. But she basically is her mother." [3]Bullock's representatives have denied the star is seeking custody. [3]
IF THIS WAS A MICHIGAN CASE SANDRA BULLOCK COULD SEEK GUARDIANSHIPJames is currently in a rehabilitation facility for sex and drug addiction, according to Radar Online and US Weekly. [3]Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]In Michigan and Crawford a minor guardianship is a mechanism to give a person other than a custodial parent power to make decisions on behalf of a minor. A custodial parent may join the armed forces, enter drug treatment, be sent to prison, be too young to handle parenting responsibilities, or simply disappear. If the child is left with a person without legal authority a guardianship may be sought.A full guardianship could be found in a Michigan court if it were the proper jurisdiction,which it is not, based on the following.The parent or parents have permitted the minor to reside with another person and have not provided that person with legal authority for the care and maintenance of the minor. MCL 700.5204(2)(b).
These circumstances must exist at the time the petition is filed.
AFTER STEP MOM GETS GUARDIANSHIP SHE CAN SEEK CUSTODY.A guardian or limited guardian of a child can bring an action for custody of the child. MCL 722.26b; see also Walterhouse v Ackley, 459 Mich 924, 589 NW2d 780 (1998) (statutory provision that gives limited guardians standing to seek custody may be applied to guardianships in place before statute’s 1990 effective date). MCL 722.26b.
Posted here byTerry Bankert
http://www.attorneybankert.com/
See.[1]http://tmdcelebritynews.com/headlines-jesse-james-once-again-in-child-custody-battle-with-ex-wife/05194[2]http://www.nypost.com/p/news/national/bullock_hubby_in_renewed_child_custody_FrIVidsBvn8TdJjBnE3jKK[3]http://www.cbsnews.com/stories/2010/03/31/earlyshow/leisure/celebspot/main6350168.shtml
*****
Find Your Michigan Family Law Attorney http://www.dumpmyspouse.com/
*****
Jesse James Once Again In Child Custody Battle With Ex-Wife[1]Crawford Divorce Attorney Terry Bankert comments on the Family Law applicable if Jesse James Custody case was in Michigan.
CHILD CUSTODYThe Press released recently, Motorcycle builder Jesse James is once again in fights with ex-wife Janine Lindermulder over their child . James is now married to Sandra Bullock as of July 2005, but the fight over custody with his ex-wife returns in light of the now alleged scandal.[1]Jesse James has Custody of his daughter.In Michigan and Crawford Divorce Courts the Child Custody Act demands an assessment of the ability of individual parents to care for their children. The act standardizes the criteria for the best interests of the child and creates a comprehensive framework for decisions regarding child custody. Wealton v Wealton, 120 Mich App 406, 327 NW2d 493 (1982).
CHANGE IN CHILD CUSTODYThe porn star ex-wife of Sandra Bullock's hubby has reportedly decided to take him to court to get custody of their daughter. [2]In Michigan and Crawford Divorce Court a child custody order is never unchangeable. The Child Custody Act allows a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. MCL 722.27(1)(c).There is a lot of proper cause here.
DAD HAS CUSTODY OF DAUGHTERJames currently has full custody of Sunny since Lindermulder lives in a halfway house after being found guilty of tax evasion, TMZ reported.[2]Sources told the celebrity site that Lindermulder knew she didn't stand a chance of gaining even partial custody from James…[2] In Michigan and Crawford Divorce Court the court must consider three issues before modifying a custody order: (1)Has the petitioner carried the initial burden of establishing either “proper cause shown” or a “change of circumstances”? (2) Is there an established custodial environment? and (3) Is the modification in the best interests of the child?The requirement to find a change of circumstance or proper cause and not changing an established custodial environment without clear and convincing evidence—are intended to “erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.
NON CUSTODIAL EX PORN STAR MOM IS IN HALF WAY HOUSE AFTER PRISON.Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]If this were a Crawford Divorce Court cause the burden will be on Lindermulder to show a change in circumstances.The Crawford Divorce Courts first issue will be to considered whether the biological mother has shown the requisite “proper cause” or “change of circumstances” directed by MCL 722.27(1)(c). Vodvarka v Grasmeyer, 259 Mich App 499, 675 NW2d 847 (2003). The existence of proper cause or a change of circumstances is a threshold matter in any consideration of a change to a prior custody order. The biological mother here has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists before the trial court can consider whether an established custodial environment exists (thus establishing the burden of proof) and conduct a review of the best interests factors. Id. at 509.
MOM ADMITS SHE CANNOT PROVIDE STABILIZING ENVIRONMENTLindermulder previously believed, say sources, that she would have a difficult time getting even partial custody of Sunny because Bullock was considered "a stabilizing family influence." [1]A Michgian Crawford Divorce Court must follow the Michigan Child Custody Act which contains a strong policy statement that “the best interests of the child” must be the court’s controlling guide in custody disputes. MCL 722.25. MCL 722.23 defines the “best interests of the child” . Stability is directly addressed in section (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
IS DAD CURRENT MARITAL ISSUES ENOUGH TO CHANGE CUSTODY?Now, sources state, in light of the scandal, Lindermulder hopes she has a better chance of getting her daughter back.[1]
GREAT STEP MOTHERBefore the scandal broke, Bullock had stated her joy in helping to raise Sunny, even having helped James get custody of the girl.[1]
MOTHERHOODIn her Oscar acceptance speech for The Blind Side, Bullock said, "I would like to thank what this film is about for me, which are the mom’s that take care of the babies and the children no matter where they come from. Those moms and parents never get thanked."
CAN ESTRANGED WIFE AND STEP MOTHER GET CUSTODY?However, Bullock isn't through with her stepdaughter Sunny, Bradley said. US has reported that she's looking to get custody of the 6-year-old girl, Bradley said. [3]Jacobs said on "The Early Show," "Think about it, Sandra's been married to Jesse for five years and they have raised this girl together. Her mother, her biological mother, is in a halfway house, she was a former porn star, she's an admitted drug addict. [3]So basically Sandra has been this girl's mother. [3]Now she wants to divorce Jesse, but she still wants to raise Sunny.[3]It's an interesting legal question, because Sandra, of course, is not the biological (mother) or (has any) legal claims to this girl. But she basically is her mother." [3]Bullock's representatives have denied the star is seeking custody. [3]
IF THIS WAS A MICHIGAN CASE SANDRA BULLOCK COULD SEEK GUARDIANSHIPJames is currently in a rehabilitation facility for sex and drug addiction, according to Radar Online and US Weekly. [3]Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]In Michigan and Crawford a minor guardianship is a mechanism to give a person other than a custodial parent power to make decisions on behalf of a minor. A custodial parent may join the armed forces, enter drug treatment, be sent to prison, be too young to handle parenting responsibilities, or simply disappear. If the child is left with a person without legal authority a guardianship may be sought.A full guardianship could be found in a Michigan court if it were the proper jurisdiction,which it is not, based on the following.The parent or parents have permitted the minor to reside with another person and have not provided that person with legal authority for the care and maintenance of the minor. MCL 700.5204(2)(b).
These circumstances must exist at the time the petition is filed.
AFTER STEP MOM GETS GUARDIANSHIP SHE CAN SEEK CUSTODY.A guardian or limited guardian of a child can bring an action for custody of the child. MCL 722.26b; see also Walterhouse v Ackley, 459 Mich 924, 589 NW2d 780 (1998) (statutory provision that gives limited guardians standing to seek custody may be applied to guardianships in place before statute’s 1990 effective date). MCL 722.26b.
Posted here byTerry Bankert
http://www.attorneybankert.com/
See.[1]http://tmdcelebritynews.com/headlines-jesse-james-once-again-in-child-custody-battle-with-ex-wife/05194[2]http://www.nypost.com/p/news/national/bullock_hubby_in_renewed_child_custody_FrIVidsBvn8TdJjBnE3jKK[3]http://www.cbsnews.com/stories/2010/03/31/earlyshow/leisure/celebspot/main6350168.shtml
Tuesday, October 14, 2008
Crawford County Temporary restraining orders
Crawford County :DIVORCE TEMPORARY RESTRAINING ORDER
What is a temporary restraining order from a Crawford County County Family Court?
Requirements for a Crawford County Divorce Attorney seeking and the court granting a temporary restraining order (TRO): Crawford County Fathers Rights , Childrens Rights and Crawford County Mothers Rights equally apply.
It clearly appears from specific facts, as Prepared by a Crawford County 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 Crawford County Attorney certifies in writing any efforts to give notice and why notice should not be required.
A permanent record , By A Crawford County Family Court Judge, is made of non written evidence, arguments, or representations supporting the application. A record is what is done in front of a Crawford County Family Court Judge after the case is called. The record is produced by ordering transcripts.
The order, prepared by your Crawford County 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 Crawford County Divorce Lawyer outline follows;
A Crawford County Lawyer will prepare your Motions for temporary orders . Crawford County attorney pleadings typically concern Crawford County child custody and Crawford County support, Crawford County parenting time adjustments, marital restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Crawford County attorney fees.
A Crawford County 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©)(2).
The motion may be made , by your Crawford County 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©)(1).
Other provisions regarding the Crawford County Divorce temporary order include the following:
The Crawford County Divorce order may be modified at any time, following a hearing and on a showing of good cause.
The Crawford County Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.
The Crawford County Divorce order remains in effect until modified or until entry of the final judgment or order.
The Crawford County Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearage that have been assigned to the state.
MCR 3.207©)(3)–(6).
Your Crawford County 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 Crawford County 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 Crawford County post judgment 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©).
Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com
What is a temporary restraining order from a Crawford County County Family Court?
Requirements for a Crawford County Divorce Attorney seeking and the court granting a temporary restraining order (TRO): Crawford County Fathers Rights , Childrens Rights and Crawford County Mothers Rights equally apply.
It clearly appears from specific facts, as Prepared by a Crawford County 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 Crawford County Attorney certifies in writing any efforts to give notice and why notice should not be required.
A permanent record , By A Crawford County Family Court Judge, is made of non written evidence, arguments, or representations supporting the application. A record is what is done in front of a Crawford County Family Court Judge after the case is called. The record is produced by ordering transcripts.
The order, prepared by your Crawford County 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 Crawford County Divorce Lawyer outline follows;
A Crawford County Lawyer will prepare your Motions for temporary orders . Crawford County attorney pleadings typically concern Crawford County child custody and Crawford County support, Crawford County parenting time adjustments, marital restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Crawford County attorney fees.
A Crawford County 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©)(2).
The motion may be made , by your Crawford County 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©)(1).
Other provisions regarding the Crawford County Divorce temporary order include the following:
The Crawford County Divorce order may be modified at any time, following a hearing and on a showing of good cause.
The Crawford County Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.
The Crawford County Divorce order remains in effect until modified or until entry of the final judgment or order.
The Crawford County Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearage that have been assigned to the state.
MCR 3.207©)(3)–(6).
Your Crawford County 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 Crawford County 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 Crawford County post judgment 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©).
Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com
Monday, October 13, 2008
Crawford County No fault Divorce
What is a no-fault divorce?
In Crawford County A no-fault divorce is one in which neither spouse (husband or wife) blames the other in court documents for the breakdown of the marriage. You should consult an attorney / lawyer for your divorce. To find an attorney contact dumpmyspouse , or attorneybankert ( Terry Bankert). Just google these names. Your Crawford Attorney will tell you no accusations or need to prove "guilt" or cause of the breakdown are required. Your Crawford Lawyer will tell you A common basis for a no-fault divorce is "irreconcilable differences" or "irretrievable marriage breakdown." In a simple divorce or a contested one ,As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. You may have a legal separation or an informal one. Your Crawford Divorce Attorney will advise: Another common basis for no-fault divorce is the parties living separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent. Fault can be used to decide who get what property.
In Crawford County A no-fault divorce is one in which neither spouse (husband or wife) blames the other in court documents for the breakdown of the marriage. You should consult an attorney / lawyer for your divorce. To find an attorney contact dumpmyspouse , or attorneybankert ( Terry Bankert). Just google these names. Your Crawford Attorney will tell you no accusations or need to prove "guilt" or cause of the breakdown are required. Your Crawford Lawyer will tell you A common basis for a no-fault divorce is "irreconcilable differences" or "irretrievable marriage breakdown." In a simple divorce or a contested one ,As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. You may have a legal separation or an informal one. Your Crawford Divorce Attorney will advise: Another common basis for no-fault divorce is the parties living separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent. Fault can be used to decide who get what property.
Sunday, September 28, 2008
Crawford County
Crawford
http://www.crawfordco.org/
200 W Michigan Grayling, MI 49738(989) 348-2841
Area: 558 smEst: 1818Pop: 14,273Pop/sm: 25.6Seat: Grayling
http://www.crawfordco.org/
200 W Michigan Grayling, MI 49738(989) 348-2841
Area: 558 smEst: 1818Pop: 14,273Pop/sm: 25.6Seat: Grayling
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