Issues Concerning Children

How Detailed Should A Parenting Plan Be In A Judgment?

November 21, 2022 By Laurie Schmitt

Your judgment of divorce is a legally enforceable document that determines each of your rights and responsibilities as a parent. When it comes to parenting plan, language contained in your judgment of divorce, you want to have clear and concise language. A judgment of divorce with inadequate language regarding parenting time may create conflict between the parents that cannot be clearly resolved by the judge.

When agreeing on parenting time language for your judgment of divorce, you should select language that cannot be interpreted in several ways. After all, if either party finds the need to seek assistance from the court, you want the parenting plan language to be upheld in court. If the language can be interpreted more than one way, it is “vague”, and judges cannot uphold vague language. And vague language leads to post-divorce litigation and expense.

Your parenting plan may include considerations that are specific to your children and your family. Remember, that a good parenting pan should thoroughly address all of the known issues that are involved. The following are some general rules to follow when selecting parenting plan language:

Never use the language “as agreed upon by the parties” as the only language to define your parenting plan. Parenting plans should be specific and detailed. If you are getting along, you are free to make decisions regarding parenting time. However, specific language placed in the judgment becomes the fallback plan when parents are unable to agree.
Your parenting plan language can be as specific as you need it to be, to prevent any misinterpretation of the language.
Specifically define your weekly parenting time (identifying the days of the week and start and ending times for each visit).
Identify what day, time, and location will you exchange the children for parenting time.
Identify your holiday parenting plan, listing each holiday, and the start and ending time of the visits.
Avoid language that is vague and leaves unanswered questions.

Your parenting plan cannot predict conflicts that may arise post-divorce. However, by using specific parenting plan language in your judgment of divorce, parents can clearly identify what their parenting time are. And should post-divorce litigation become necessary, detailed language in judgments of divorce assists the judge in making a determination on motions filed about parenting time.

When it comes to a parenting plan, do it right the first time and avoid unnecessary future litigation.

CHILDREN ARE FIRST. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC we understand that the interests of your children always come first. Whatever your situation, Schmitt Law, PLLC is experienced, sympathetic and willing to help you achieve the best outcome for your entire family. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Divorce And Child Custody: The Right Of First Refusal

November 7, 2022 By Laurie Schmitt

It’s great when divorcing couples control the terms of the outcome of their divorce. And many couples ask about their right to be the first to be called when the other party requires child care – they want to be the one to provide all child care without the other party using a third party.

This is what is called “right of first refusal” – when one party must contact the other allowing them to provide child care before the use of a third party. However, most judges will not approve a “right of first refusal” provision in judgments, even if the parties agree to it in a consent judgment of divorce.

Why do judges dislike a “right of first refusal” provision? Because judges believe that a “right of first refusal” provision is nothing more than one party micromanaging the other party (their time and their decisions regarding the children).

The biggest issue for judges is how are they going to uphold a right of first refusal provision. How do parties decide clear language of a “right of first refusal” provision? It requires a determination of when the provision goes into effect. Just how many hours must one parent intend to be unavailable before the provision should go into effect. And that’s not an easy determination, nor easy for the judge to address post-divorce.

A “right of first refusal” provision becomes a highly litigated post judgment issue that judges do not want to continually address. The parties tend to abuse the provision believing every time the other parent leaves the house, they should be given the right to watch the children. Parties that ask or demand that a “right of first refusal” provision be placed in a judgment are the very people who should not have such a provision.

In conclusion, it is not likely that judges will agree to a right of first refusal provision in your judgment. Once divorced, you each have the right to make day to day decisions for the children, to include the choice of daycare. This means that each of you may select your own daycare provider, and will not be required to use the same daycare provider during your parenting time.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or, contact us online to arrange a consultation.

Is It Time To Revisit Your Parenting Time Plan?

October 27, 2022 By Laurie Schmitt

It may have been years since your last order establishing parenting time was entered by the court. The children are getting older, and/or things have changed in your life, and your parenting time plan no longer makes sense for the children or for you. If this is the case, it may be time to revisit your parenting time plan.

When you originally established your parenting time plan, the children were younger. Now, they may be in high school, may be driving, may have part time jobs, or may be involved in extra-curricular activities. And your parenting time plan does not account for these changes in life.

Perhaps when your order for parenting time was entered, your situation was different than it is now, and you are in a better place to exercise more parenting time. Or, you or your ex have moved, and your existing parenting time plan does not work for either of you or the children.

Or, you and your ex have voluntarily been deviating from your original order, and you want a new order that reflects these changes.

If you and your ex are able to agree on a new parenting time plan, you can enter into a stipulated order (an order in which both parents agree to the terms). It is then signed by the judge, and replaces the original order. If you are not able to agree, parents have the right to request the court to change their parenting time orders, if it is in the best interest of the children.

If you have questions about your right to request the court to make changes to your existing parenting time order, contact Schmitt Law, PLLC.

EXPERIENCED CUSTODY ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We understand that parenting time issues can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable parenting time settlements so they can move forward with their life. To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or, contact us online to arrange a consultation.

Violating The Terms of Your Custody Order

August 12, 2022 By Laurie Schmitt

IT’S NOT VOLUNTARY TO FOLLOW THE TERMS OF A CUSTODY ORDER

No parent has the right to violate the term of their custody order. If you believe the terms of your custody order is no longer in the best interest of your child, then take action and ask the court to change the custody order. Ask the judge for relief before you make a unilateral decision to violate the terms of your custody order. It’s much easier to ask permission from the court then to beg for forgiveness of the court.

Just remember, judges do not look favorably at parents who take matters into their own hands and take actions that are contrary to their court orders. So, before you make decisions that conflict with the terms of your custody order, consider the consequences.

WHAT IS CONSIDERED A VIOLATION OF A CUSTODY ORDER?

Refusing to exchange the child on time.
Refusing the other parent their court awarded parenting time.
Refusing to return the child after your parenting time has ended.
Refusing to follow the rules of joint legal custody. If you share joint legal custody you must consult with the other parent and attempt to agree before major decisions are made affecting the minor child’s education, enrichment activities, camp, travel, and medical problems.
Taking action to prohibit the other parent from accessing school, psychological, dental, and medical records.
Any other action that contradicts specific terms of your custody order.

WHAT CAN HAPPEN TO ME IF I VIOLATE A CUSTODY ORDER

If you violate your custody order and are found in contempt of court, you would be subject to sanctions such as:

Being ordered to pay a fine to the court
Being ordered to give the other parent makeup parenting time
Jail

It the worst violations, or repeated violations, the court could consider a change in custody and/or parenting time.

WHAT IF THERE IS AN EMERGENCY THAT REQUIRES ME TO VIOLATE THE TERMS OF MY CUSTODY ORDER?

The court has a process to address true emergencies. They are called ex parte motions.

If an emergency has arisen, and you believe an immediate change in parenting time is required, then file an ex parte motion and request the judge for the specific relief that will temporarily protect the children. Filing an ex parte motion can be achieved quickly, so there is no need to violate your custody order. Once again, ask the court for relief before you violate the terms of your custody order, not after.

CUSTODY ATTORNEY

At Schmitt Law, PLLC, we help parents work together to create a parenting plan that is in the best interests of your children. Through mediation, collaboration, or litigation, if necessary, our knowledgeable Michigan family law attorney will be your advocate and help you through this difficult time. To schedule a consultation or learn more about our services, contact us online or call (616) 608-4634.

The Importance of Preserving a Relationship With Your Former Spouse When There Are Children

July 20, 2022 By Laurie Schmitt

Can preserving a relationship with your former spouse even be accomplished? Yes, it can, and successfully.

Why is it important to preserve a relationship with your former spouse? So that you can raise emotionally healthy children.

How do I go about preserving a relationship with someone I divorced? After all, we are divorced for a reason. The following are common sense ideas on how and why you should preserve your relationship with your former spouse:

Would you really speak to someone at your dentist’s office the way you speak to your former spouse? Act as if you are interacting with someone in a business relationship – be cordial and polite. I didn’t say it’s required to respect your former spouse. But you can interact with them in an appropriate way.
Don’t let your former spouse push your buttons, nor should you push theirs. It’s true that there is no better person to know how to get us angry in a second. However, it will serve no greater good in the long run to engage in negative back-and-forth behavior. It’s time to move from the past and make a paradigm shift…that we need to be good people to raise good children.
Be a good role model for your children…yes, they are watching and listening to both of you.
Why must everything a battle? Learn to compromise.
Don’t let significant others or spouses get in the way of maintaining a positive relationship with your former spouse. It will benefit your current relationship if you reduce the friction with your former spouse. Who wants to go on date night and listen to you spend the entire evening complaining about your former spouse.
Yes, there will be different rules and lifestyles at your former spouse’s home then you may have at your home. Accept that you do not have control or influence on how your former spouse lives, nor how they raise the children during their parenting time.
Try and respect the decisions your former spouse makes regarding the children during their parenting time. If it benefits the children, then support the decision.

To summarize, if you maintain a civil relationship with your former spouse, the children will be the winners. It’s important to look into the future and know that children grow up and become adults. If you create a healthy relationship with your former spouse now while the children are young, there is a greater likelihood that your children will want both of you at their extracurricular events, their high school graduation, their college graduation, and their wedding.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Child Custody – The Best Interest Factors

July 13, 2022 By Laurie Schmitt

Child custody and parenting time can be two of the most difficult issues to address for parents who are divorcing, or unmarried parents.

It’s important that parents understand that custody and parenting time decisions are determined by the judge. In making a ruling on custody and parenting time, the judge is concerned with what is in the best interest of the children, and will review the best interest factors.

The following are the best interest factors with sample questions under each factor. These questions will provide you with an idea of what the judge is reviewing under each factor.

1. The love, affection and other emotional ties existing between the parties involved and the child. (A)

To whom is the child more closely bonded?
When the child has a problem, to whom does the child speak?
When the child has a triumph, to whom does the child speak?
Who spends more hours per day with the child?
Who prepares the child’s meals?
Who has the ability to separate the child’s needs from their own and to empathize with the child?
To whom does the child openly show signs
How does the child relate to each parent?

2. The capacity and disposition of the parties involved to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion or creed, if any. (B)

Who bathes and dresses the child?
Who stays home from work when the child is sick?
Who takes responsibility for involvement in academic affairs?
Who takes responsibility for involvement in extracurricular activities?
Who disciplines the child?
Who uses preferable discipline techniques?
Who has preference because of the other’s verbal abuse, substance abuse, or arrest record?
Who has preference because of the ability to provide the child access to an?
extended family?
Who has been most consistent in the guidance of the child as it relates to their education and faith?

3. The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs. (C)

Who buys the groceries, plans and cooks the meals?
Who makes purchases for the child?
Who attends to special needs of the child?
Who has greater earning capacity?Who adjusts working hours based on the needs of the child?
Who has certainty of future income?
Who has the ability to provide insurance for the child?
Who attends classes for professional involvement?
Who has requisite knowledge to meet the needs of the child?
Who has kept up vaccinations and daily hygiene?
Who schedules and takes the child to medical appointments?
Who schedules and takes the child to dental appointments?
Who arranges for and supervises child care?

4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. (D)

Who has provided the greatest sense of stability of residence for the child?
Who is more likely to provide stability in the future?
Who can provide a safe environment?
Who can provide continuity of the child’s overall custodial environment?

5. The permanence, as a family unit, of the existing or proposed custodial home or homes. (E)

In whose custody will the family unit not be split?

6. The moral fitness of the parties involved. (F)

Here, the focus is not to punish a parent. Rather, it is on the effect the parties’ behavior has had, or will continue to have on the child, and how the individual functions as a parent. For example:
Who has priority as a result of the other party having an extramarital affair known by the children?
Has either party engaged in any of the following conduct:
Verbal abuse
Drinking problem
Poor driving record
Physical or sexual abuse of the child
Other illegal or offensive behaviors.

7. The mental and physical health of the parties involved. (G)

Does either party have a physical or mental health problem that significantly interferes with the ability to safeguard the child’s health and well-being?
Age of contestant compared to age of the child—would energies of the child overwhelm the contestant?

8. The home, school, and community record of the child. (H)

Who can provide leadership to attend school?
Who can provide leadership in extracurricular activity participation?
Who is actively involved in school conferences, transportation, and attendance at school events?
Who can more adequately assist reducing the necessity for other agency involvement (the juvenile court, the DHS), or if another agency is involved, who can cooperate more fully?
Who can more adequately assure the child’s access to friends and peers useful for the child’s development?
Who can more adequately plan and supervise the child’s undertaking of home responsibilities that are appropriate to the child’s age and circumstances?
Who takes responsibility for completion of school assignments?

9. The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference. (I)

This is relevant only if the child appears mature enough and capable of expressing with whom they prefer living, absent the product of manipulation or coercion.

10. The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. (J)

Who can best cooperate with an appropriate parenting time schedule by the other party? Who is least likely to disparage the other parent in the presence of the child based upon past performance?
Has either party actively sought to alienate the child from the other parent?

11. Domestic violence, regardless of whether the violence was directed against or witnessed by the child. (K)

Have there been incidents of violence in the home by any party against any party? If so, has there been a police report, arrest or conviction? Has there been a pattern of violence whether reported or not reported?

12. Any other factor considered by the court to be relevant to a particular child (L)

Who can most likely address the special needs of the child?
Has either parent threatened to kidnap the child?
Does either parent spend excessive time traveling for the child?
Does either parent have a record of failure to exercise parenting time, failure to notify, or failure to return the child?
Who has responsibility for the actual and proposed child care arrangements?

CUSTODY ATTORNEY

Child Support – The Most Frequently Asked Questions

June 10, 2022 By Laurie Schmitt

One of the most asked about parenting issues is child support. Clients have many questions and misconceptions about how child support works in Michigan. The following are the some of the top questions clients ask when they meet with Schmitt Law, PLLC. For the purpose of this blog, each question contains a brief answer. However, there can be far more to the story! If you require more detailed answers, please contact Schmitt Law, PLLC to arrange for a consultation to discuss your specific case.

HOW IS CHILD SUPPORT CALCULATED IN MICHIGAN?

In Michigan, child support is calculated using the Michigan Child Support Formula. The Michigan Child Support Formula takes into consideration the following major factors: (1) both parents’ gross incomes, (2) the amount of overnights each parent exercises (3) the number of children to be supported (4) health care costs and (5) daycare costs. There are many other factors that can be taken into consideration in determining a party’s child support obligation. Contact Schmitt Law, PLLC for more information about how your child support will be calculated.

WHAT IS CONSIDERED INCOME FOR THE PURPOSE OF CALCULATING CHILD SUPPORT?

Income includes all wages, overtime pay, commissions, bonuses, tips, royalties, interest, dividends, or other monies from all employers. Income also includes earnings from any business, profit sharing, pension or retirement, trust fund, unemployment, or disability insurance. There are many other items that are considered income for the purpose of calculating child support. Contact Schmitt Law, PLLC for a detailed discussion about what Michigan considers income for the purpose of calculating your child support.

IF I HAVE A CHILD SUPPORT ARREARAGE, CAN I ASK IT TO BE WAIVED?

Neither the court nor Friend of the Court will waive an arrearage unless the parent receiving child support agrees to waive the arrearage. If the parent receiving child support agrees to waive a part or all of the arrearage, they can contact Friend of the Court and sign a document waiving part or all of the arrearage.

WHAT HAPPENS IF I FAIL TO PAY MY CHILD SUPPORT OBLIGATION?

If you fail to make your child support payments, Friend of the Court will take action to enforce the child support order. Some of the consequences for failure to pay support are that you can be held in contempt of court, your passport can be taken away, your driver’s license can be suspended, other business licenses can be suspended, and you can be sentenced to jail time.

WHEN DOES MY CHILD SUPPORT OBLIGATION END?

In Michigan, child support ends when the child turns 18 years old. However, it can extend to 19.5 years old if the child is still attending high school and lives with the parent receiving the support.

CAN I STOP PAYING CHILD SUPPORT IF I AM BEING DENIED PARENTING TIME?

No! The payment of child support and parenting time are two separate legal matters. If you are not receiving your parenting time as stated in your parenting time order, you need to file a parenting time complaint with Friend of the Court or take action through the court to have your parenting time order enforced.

DO I HAVE A SAY AS TO HOW MY EX SPENDS THE CHILD SUPPORT?

No! There is no specific requirement outlining how the parent receiving child support spends the money. It is assumed that if the child is living with the parent receiving child support, the money is being used for housing, food, and clothing for the child. Child support is for the basic needs of the child, and the parent receiving support may spend the money as they deem appropriate.

DO YOU HAVE QUESTIONS RELATED TO CHILD SUPPORT? GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY. CONTACT SCHMITT LAW, PLLC.

If you have questions about how your child support will be calculated, contact Schmitt Law, PLLC. We partner with our clients to find efficient, effective, and fair solutions. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

How To Prepare For a Custody Mediation

March 24, 2022 By Laurie Schmitt

All family law cases are difficult. However, custody cases can be the most challenging for parents. Whether your case is a divorce, child custody, parenting time, or child support case, Mediation offers a less stressful option for couples.

In Mediation, the parties and their attorneys meet with a neutral third party who will assist you in coming to an agreement that is fair and equitable.

Before you attend Mediation, it is important for you and your attorney to prepare. It is also imperative that both the client and attorney have a shared understanding of what outcome the client desires through the Mediation process.

As this is a difficult time for the client, it is normal to have questions and concerns about the process and outcome. At Schmitt Law, PLLC, we sit down with every client prior to mediation and discuss our strategy. This allows us to be “on the same page” with the client when we attend Mediation.

The following is a checklist that Schmitt Law, PLLC reviews with all clients prior to attending a custody Mediation.

Make sure you have provided copies of all relevant documents to your attorney so that they can have the necessary documents available for mediation.
What type of legal custody are you seeking? Joint or sole?
What type of physical custody are you seeking? Joint or sole?
What parenting time schedule are you seeking? Does your work schedule allow you to exercise parenting time on the schedule you are seeking? Do you have daycare available if needed?
What holiday schedule are you seeking? The following are the major holidays that Schmitt Law, PLLC typically requests: New Year’s Eve, New Year’s Day, Easter, Memorial Day, July 4, Labor Day, Halloween, Thanksgiving, Christmas Eve, Christmas Day, Child’s birthday, Spring Break, Christmas break, Mother’s or Father’s Day, and any other day important to the client.
What type of telephone contact are you seeking? What days of the week, what time of the day, and for what length of time?
Who will provide transportation for pick up and return of the children?
Who will claim the child as a dependent under City, State and Federal Taxes?
What happens if one or both of the parties require a change in their parenting time schedule?

And through the mediation process, be sure to put your child’s needs first – prioritize what is best for the child, and what is best for their day-to-day routine. When you place the child first, much of the decisions to follow become easy to make.

Experienced Michigan Child Custody Attorney

Laurie Schmitt at Schmitt Law, PLLC is experienced in family law cases involving visitation and custody. Over the years, I have successfully represented hundreds of clients in complicated cases. For skilled legal guidance, please call Laurie at Schmitt Law, PLC at (616) 310-4975, or contact us online to arrange a consultation.

Issues Concerning Children

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