Michigan Custody Attorneys – Michigan Paternity Bill Moves Further in Michigan House of Representatives

February 8th, 2012

Daniel Quinn, of Hartland Township, Michigan, is the figurehead for a bill that is currently working its way through the Michigan House of Representatives. Quinn claims to be the father of 5 year-old Maeleigh Borders. Maeleigh’s mother, Candace Beckwith, was married to, but separated from, Adam Beckwith at the time of Maeleigh’s conception.

Michigan’s Paternity Act of 1956 prohibits another man from claiming paternity of a child if the mother was married between the time a child is conceived and born. Maeleigh is now living in Kentucky with Candace Beckwith, while Adam Beckwith is in prison for drug trafficking charges. Quinn would like custody of Maeleigh. Quinn states, “I have no standing whatsoever to even claim paternity rights for my daughter.”

The Michigan Senate previously passed bills that would give a judge the ability to consider the biological father when it comes to paternity battles. Now, the Michigan House is examining a similar bill. House Bill 4067 was recently approved in the Families, Children, and Seniors Committee in the Michigan House and, just like the Michigan Senate versions of the bill, is awaiting approval by the House Judiciary Committee. As Michigan family law attorneys, we applaud the Michigan legislature for including biological fathers as one of the persons who can claim paternity over a child. For too long, Michigan law has deprived children of a relationship with their biological fathers in cases where the mother was married to a man other than the biological father. We believe that the legislature in Michigan must open the door that it slammed closed in 1956. What do you think?

When going through a paternity fight, it is important to have a family law attorney who knows, understands and works with the paternity laws in Michigan.

Posted in Michigan Child Custody, Michigan Child Custody Attorney, Parenting Time, Paternity Issues | No Comments »

Michigan Family Law – Personal Protection Order Legal Information

January 31st, 2012

There has been a lot of talk in the news lately about crazed fans stalking celebrities. Often times, if armed with evidence of the stalker’s unsteady and intrusive behavior, the celebrity can get a judge to grant a restraining order against the stalker. In Michigan, restraining orders are known as Personal Protection Orders (PPOs).

Under Michigan law, there are Domestic PPOs, which require certain pre-established relationships between the petitioner and respondent, and there are Non-Domestic PPOs, which protect victims without such a pre-established relationship from stalking behavior. A person can get a Personal Protection Order against another person in Michigan to restrict conduct such as:

1. entering onto their property
2. physically harming them
3. threatening to kill or injure them
4. taking away their kids
5. purchasing or possessing a firearm
6. interfering with their right to remove their property and children from the home
7. interfering with their employment
8. accessing information with the person’s home or work address
9. stalking
10. any other act that interferes with the person’s personal liberty or causes them to reasonably apprehend violence

Judges in Michigan freely grant PPOs as long as they feel there is sufficient evidence to do so. Unfortunately, the respondent generally only has 14 days to respond as to why he or she thinks the PPO should be terminated or its terms modified. And, the respondent is often fighting a losing battle because he or she is usually going to court after the fact to try and change the judge’s mind. Even if the PPO is based on false accusations, if the judge does not agree to rescind it or modify its terms, it will usually remain in effect for a period of six months or one year. That is why it is important to have an experienced defense attorney on your team when you fight or challenge a Personal Protection Order in Michigan.

A person who has a PPO against them may be restricted in where they can be employed and whether they can possess firearms. Also, PPOs sometimes go hand-in-hand with divorce and custody battles. Therefore, we suggest contacting a family law attorney who practices PPO defense as well as family law.

Posted in Child Custody, Divorce, Michigan Child Custody, Michigan Divorce Attorney, Michigan Personal Protection Order Law | No Comments »

Michigan Child Custody Lawyers – Recent Adoption Case Sparks National Debate

January 11th, 2012

Veronica is a two year-old girl who was born in Oklahoma. Her biological mother gave her up for adoption to a couple in South Carolina named Matt and Melanie Capobianco. The Capobiancos have raised Veronica as their own daughter for the last two years. However, they were extremely saddened to have Veronica torn away from them last New Year’s Eve.

Veronica’s biological father is a member of the Cherokee Nation. In Oklahoma, as in other states, the federal Indian Child Welfare Act (ICWA) applies to child custody disputes involving a child of Native American descent. In Veronica’s case, the Indian welfare law trumps her birth mother’s decision to put her up for adoption, and effectively reverses Veronica’s adoption by the Capobiancos. The Capobiancos are in a legal battle against the Cherokee Nation attorney general’s office to get her back. But for now, Veronica is living in Oklahoma with her biological father, who now has custody of her.

As family law attorneys, we know just how difficult it can be to fight for custody of a child when the ICWA is involved. Compound that with the level of national attention Veronica’s case has received and it is clear to see why so many attorneys with specialized training are needed. On the one hand, the only parents Veronica knows at this point are the Capobiancos, and taking her away from them could be traumatic for her. But on the other hand, Veronica’s biological father has been fighting for custody of her since she was four months old, and he claims that he should not be penalized because the legal system takes so long to navigate. What do you think?

When facing any custody issue, it is best to contact a top custody lawyer immediately.

Posted in Adoption, Child Custody, Michigan Child Custody, Michigan Child Custody Attorney | No Comments »

Michigan Paternity Law – Justin Bieber Takes Paternity Test

December 29th, 2011

For the last few months, teen singer Justin Bieber has been in the news because of a paternity scandal. A woman named Mariah Yeater is claiming Bieber as the father of her 3 month-old son, Tristyn. Yeater says she and Bieber had sex backstage at one of his concerts last year. Bieber has adamantly denied the allegations and Yeater dropped the paternity claims once Bieber’s legal team threatened to sue Yeater over her false accusations. It is now being reported that Justin Bieber has taken a paternity test to prove Yeater is lying.

In Michigan, a mother has something to gain by proving a man is the father of her child. This is because if paternity is proven, the father may be responsible for child support and other financial compensation. Though many fathers do not have as much money for child support as Justin Bieber, courts in Michigan use a formula to determine how much a father can afford to give for child support. There are also advantages for a father to prove he has paternity of a child, including receiving parenting time with the child and gaining the ability to share in major decisions regarding the child’s health and welfare.

If either a mother or father is interested in a paternity test, they should contact a experienced family law attorney for help. An attorney can guide their clients through the legal process of exactly how paternity is proven under Michigan law. The attorney can also fight for child support and parenting time once paternity is proven.

Posted in Child Custody, Michigan Child Custody, Michigan Child Custody Attorney, Parenting Time, Paternity Issues | No Comments »

Michigan Custody Attorneys – Facebook Posts Being Admitted into Evidence

December 6th, 2011

In recent years, Facebook has become part of many people’s lives. At Kronzek & Cronkright, PLLC, we include ourselves in that group; check out our Facebook page! In general, Facebook is a fun outlet to catch up with friends and family. But, when people take it a step further and use Facebook to publicly bash another person, or another parent, there could be legal problems.

In some recent child custody and Children’s Protective Services cases from around the United States, and even in Michigan, judges have used negative posts from parents as evidence of the writer being unfit. For example, in a recent New York case, a mother posted on Facebook and a blog that the father of her child was “a horrible excuse for a human being,” jobless, behind on his child support payments, and lazy. The judge used those posts as part of the evidence needed to rule that the mother was a “less fit” parent than the father.

In another case, a mother suspected the father was abusing their son. She posted these suspicions on Facebook, and these posts were later admitted into evidence in court. The judge ruled that the mother “suffers from a delusional disorder which causes her to believe that such abuse is occurring despite a lack of objective evidence found by those who are trained investigators of abuse.” Having a judge call a parent delusional is not on the preferred list of adjectives for a parent.

If you are involved in a custody case in Michigan or elsewhere, posts about the other parent are best left off the internet. You want your family law attorney to speak for you rather than the words that you wrote in anger about the other party. Facebook and the internet is just not the place to do your venting. Judges can and will use your words against you. Contact an experienced divorce and custody attorney today!

Posted in Child Custody, Michigan Child Custody, Michigan Child Custody Attorney, Michigan Divorce Attorney, Social Media and Divorce | No Comments »

Michigan Divorce – Morality Clauses in Michigan Divorce Agreements

November 29th, 2011

While celebrities get plenty of attention when they behave badly, most parents don’t want that same type of bad behavior modeled for their children. For that reason, when some people get divorced, they insist on adding a “morality clause” to the divorce agreement. Morality clauses essentially say that until the parties become remarried, they cannot have overnight guests of the opposite sex or live with someone of the opposite sex while the child is present. Other morality clauses might include provisions that no alcohol or illegal drugs be consumed in front of the children. In order for these morality clauses to be enforceable in a Judgment of Divorce in Michigan, both parties must agree to their terms.

One problem with morality clauses is that they can be hard to enforce. How will a party prove that the ex-spouse had an overnight guest while the child was there? In many cases, a judge will not rule that the clause has been broken unless the other spouse can provide firm evidence that there was some harm to the child due to the overnight guest. In other words, some judges decline to enforce morality clauses even though they are agreed to in the final divorce decree.

Morality clauses might truly become useful if there is a later custody battle between the parties. Evidence of the ex-spouse violating the morality clause can be helpful if a party is looking to obtain more parenting time or full custody.

If you are in the process of a divorce in Michigan, and you think a morality clause would be beneficial, see an experienced divorce lawyer. Your divorce attorney can help you draft a morality clause as part of your divorce agreement. If you are already divorced and already have a morality clause in your divorce judgment, your attorney can help enforce the morality clause if your ex has violated it.

Posted in Antenuptial Agreement, Child Custody, Michigan Child Custody, Michigan Child Custody Attorney, Michigan Divorce Attorney, Morality Clauses, Postnuptial Agreement, Prenuptial Agreement | No Comments »

Michigan Divorce Lawyer – The Connection between Dropping Divorce Rates and the Recession

November 22nd, 2011

The United States Census Bureau reports a rapid decline in divorce rates between 2008 and 2009 throughout the country. This decline fits with the general trend that in tough economic times, people hold off on divorce.

It is well-known that Michigan’s unemployment rate is high due to the recession. When people are unemployed, they may be so consumed with finding a job that they do not have the time or emotional energy to file for a divorce, argues Rutgers University sociologist Deborah Carr. People in this situation may decide it is best to wait to file for divorce until after they secure employment or until they are no longer searching as hard for a job.

During difficult economic times, couples may not be able to afford the life that comes after a divorce. Each spouse will be responsible for the expenses of his or her own household, including rent or mortgage, utilities, furniture, and more. These expenses are largely shared when spouses live together. Andra Brosh, who runs a program that helps people cope with separation or divorce, says that financial worries cause some couples to remain married even if one spouse is having an ongoing affair. There also seems to be a rise in couples staying married so one party can continue using the other’s health insurance.

As expert divorce attorney, we understand that people need to consider what life will look like after a divorce. During the divorce, issues like spousal support or child support need to be carefully considered. People who represent themselves in a divorce agreement will not have the protection that a competent lawyer can provide.

Before making any decisions regarding a potential divorce, it is wise to speak with a Michigan family law attorney and consider all of your rights and options.

Posted in Child Custody, Child Relocation, Divorce, Michigan Child Custody, Michigan Child Custody Attorney, Michigan Divorce Attorney | No Comments »

Michigan Divorce – Divorcing Couple Ordered by Judge to Swap Social Networking Passwords

November 11th, 2011

In Michigan, “discovery” is a part of the divorce process for most divorcing couples. This is where one spouse’s divorce attorney learns as much about the other spouse as possible. The discovery process includes learning about marital assets, personal assets, debts, pension and retirement funds and anything else the court will consider in resolving the divorce case. In general, the parties have to provide complete information to the other side. But, in a recent Connecticut divorce case, a judge ordered the couple to give up their social networking passwords to the other party. Some people feel this order from the judge goes too far.

In the case, the wife wrote on Facebook how she feels about the couple’s children and her ability to care for them. During the wife’s deposition, the husband’s lawyer asked for passwords to her Facebook and dating site profiles so that he can use that information in the child custody phase of the case. The wife did reveal those passwords, but shortly after the deposition, she texted a friend and asked them to change her passwords and delete certain messages. The judge sided with the husband and issued an injunction to stop the wife from deleting any material. The judge also ordered each side to exchange passwords, with an instruction that, “neither party shall visit the website of the other’s social network and post messages purporting to be the other.” Throughout Michigan, our family law attorneys have learned that Facebook and other social networking sites have become important sources for information and evidence in divorce and custody cases. In Ingham County, Eaton County and in Clinton County, our lawyers have used this information to the advantage of our divorce clients.

As top divorce attorneys, we have seen first-hand how a person’s Facebook, MySpace, Twitter, Google+, eHarmony, Match.com, etc. profiles can be used against them in a divorce case. We issue a word of caution to all soon-to-be-ex spouses that details about your custody or divorce case should be kept off the internet. Likewise, details about your personal life do not belong on the web. As social networking becomes more prevalent each day, judges are becoming more inclined to take a parent’s online conversations into account when making a decision relating to child custody or child support. When it comes to sites like Facebook, it is best to listen to your divorce lawyer about what is and is not appropriate to post.

Posted in Child Custody, Divorce, Michigan Child Custody, Michigan Child Custody Attorney, Michigan Divorce Attorney | No Comments »

Michigan Child Relocation – Change of Domicile More Frequently Becoming a Tug Of War

June 22nd, 2011

In the past few years, there has been a legal tug-of-war when it comes to the issue of change of domicile. Through the Michigan court system, parents pull the rope that is their child in hopes that if he or she pulls hard enough, the child will ultimately end up living in the state where the parent desires to be.

Last year, Charla French McKimmy was informed that she could not move from Jackson, Michigan to North Dakota with her four and five year-old sons. Mrs. McKimmy desired to move so that she could join her husband, who is an engineer in North Dakota. Jackson Circuit Court Judge Susan Beebe ruled that the 1,100 mile distance would be too far away from the boys’ father, Mr. Patrick Melling. The court record alluded that the reasoning behind the denial was that the move would create a strain on the boys’ relationship with their father. If Judge Beebe had granted the change of domicile motion, Mr. Melling, who has become accustomed to seeing his sons on alternate weekends, would only be able to see them in the summer and scarcely at all during the school year. However, that may become a reality, as earlier this year the Michigan Court of Appeals set aside the Order and the case was sent back to Judge Beebe for a further look into the best interest factors of the children under Michigan Compiled Law 722.31. Ultimately, Mr. Melling may lose this tug-of-war, and the ability to regularly spend time with his children.

Michigan law has determined that in a joint custody issue under MCL 722.31, unless stated otherwise, “a parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child’s legal residence” without the judge’s permission or the consent of the other parent. However, such a change of domicile can occur if the court determines after looking at MCL 722.31(4) factors that the child will benefit and the parental relationship will not be detrimentally harmed.

The courts in McKimmy v Melling have been in dispute over factor MCL 722.31(4)(c). Factor (c) states that if parenting time can be modified to still allow an adequate parental relationship between the parent and child, the legal residence change is permitted. In McKimmy, the use of technology as a medium to allow for contact and parenting time has been brought forth as a solution to the distance issue. Skype, e-mail, and the telephone have been argued as ways to fill the void of lack of physical contact. However, Melling stated, “I don’t believe in technological touch. I believe in human touch.” Judge Beebe must now determine if the “proposed parenting time schedule provides ‘a realistic opportunity to preserve and foster the parental relationship’” that Mr. Melling has with his sons.

Judge Beebe, who in the past allowed a mother to move with her children to Ohio in order for the mother to be able to provide a better life for herself and her sons, mentions that the change of domicile cases are “very difficult.” Yet, Judge Beebe must also make the difficult decision of determining if Mrs. McKimmy’s change of domicile motion should be granted this time or denied again.

Michigan judges have the tough job of determining if parents want to move their children beyond the 100 mile limit to provide a better life for the child, or just out of spite for the other parent. With the child custody battles that have been ensuing and the economic downturn in Michigan, it is hard to tell which motives prevail for parents who wish to have a change of domicile motion granted. This is one tug-of-war that may continue for years to come. Yet, some of Michigan’s top family law attorneys can help reduce this war with skill, keen perception, and the recognition that the child’s best interest and the parental relationship are the most important aspects when taking on such difficult cases.

Posted in Change of Domicile, Child Relocation, Michigan Child Custody, Michigan Child Custody Attorney, Michigan Divorce Attorney | No Comments »

David Goldman Writes Book on Famous Custody Battle

June 17th, 2011

You may remember hearing on the national and international news of the story of David Goldman. In 2004, David’s then-wife took their son, Sean, to Brazil for a supposed vacation, but she and Sean never returned to the United States. David did everything he could to fight for custody of Sean and believed his battle was won when his wife passed away in Brazil in 2008. However, it took years before David was finally successful at getting Sean back from his in-laws.

David Goldman discusses his extraordinary custody battle in his new book, called “A Father’s Love.” His case became high-profile when it caught the attention of news organizations and politicians such as Secretary of State Hillary Clinton.

As Michigan child custody attorneys, we know how difficult it can be for fathers to be awarded primary custody of their children. This problem is compounded when there has been an international child abduction. The custody laws in other countries rarely match custody laws in the United States, which makes navigating an international custody case very complex. Our Lansing based attorneys have successfully litigated international child custody issues in state and Federal courts.  They also handle interstate child custody fights.

Michigan family law lawyers as well as attorneys throughout the country are challenged by international family law / custody cases. Fortunately, we have been practicing family law for over 80 combined years and we know the ins and outs of the legal system. We want to hear from you! We know how important your children are to you and we fight to protect you and your children.

Posted in Child Custody, International Child Abduction, Michigan Child Custody Attorney, Michigan Hague Convention Attorney, Michigan International Child Custody Attorney, Uncategorized | No Comments »

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