Issues Concerning Children

The Top Parenting Time Questions Answered

December 11, 2023 By Laurie Schmitt

1. Can I Deny The Other Parent’s Parenting Time If The Other Parent Is Not Paying Their Child Support On Time, In Full, Or At All?

ANSWER: It’s frustrating when you’re not receiving support payments from the other parent, and are shouldering the financial burden of supporting your children. But, payment of support and the right to exercise parenting time are two separate issues. Therefore, you’re not allowed to withhold parenting time because the other parent has failed to pay their child support obligation. Parenting time is the right of the other parent to receive, as well as the right of your child. Your child has the right to maintain a relationship with the other parent. Your child shouldn’t be prevented from maintaining that relationship based on whether the other parent’s support obligation is current or not.

2. What Can I Do If The Other Parent Is Violating The Parenting Time Order?

ANSWER: If the other parent is violating the terms of the parenting time order, you may file a motion to hold them in contempt of court or you may file a parenting time complaint with your local Friend of the Court office. Before you decide what choice is best for your specific circumstance, contact Schmitt Law, PLLC. We can review the facts and help you determine if you should pursue an FOC complaint or ask the court to intervene.

3. Will The Other Parent Be Given Parenting Time If Domestic Violence Was Present In Our Relationship?

ANSWER: Even if the other parent were abusive with you in your relationship/marriage, they may still be awarded parenting time. When the court makes decisions about custody and parenting time, they review the best interest factors. And one of the best interest factors sates the judge may consider “Domestic violence, regardless of whether the violence was directed against or witnessed by the child” when making a custody and parenting time determination. However, because domestic violence was present in your relationship with the other parent, doesn’t mean the judge will automatically suspend or refuse to grant parenting time to the other parent.

4. Can I Withhold Parenting Time If I Deem It Important Or Necessary?

ANSWER: If you and the other parent have a court order that defines parenting time, you may not unilaterally withhold parenting time in violation of the terms of that court order. In Michigan, parenting time orders are treated seriously, and it is forbidden for parents to unilaterally deny parenting time. If you violate the parenting time order, be prepared to be held in contempt of court. If you have immediate concerns that the children will not be safe with the other parent during their parenting time, you must file an emergency motion to seek an emergency order to temporarily suspend the other parent’s parenting time. Or, you may seek a modification of the parenting time schedule. In either event, you will be required to provide the court with evidence that spending time with the other parent is harmful to your children.

GRAND RAPIDS CUSTODY ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

If you have concerns regarding parenting time and/or custody, Schmitt Law, PLLC can assist. 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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

What Can I Do If The Other Parent Refuses To Visit The Children?

December 4, 2023 By Laurie Schmitt

When parenting time orders are entered, whether via agreement by the parties or by the court at the conclusion of litigation, it’s the court’s expectation the parents will exercise the parenting time they have just fought for, or agreed to. This expectation of the court is logical. However, people sometimes forego parenting time for various reasons. This can include employment schedule changes, relocation, relationship issues with the children, and more.

And it’s frustrating to you when the other parent refuses to exercise their parenting time per the court order, and when they fail to be a parent to your children. But just because it’s been a long time since the other parent has exercised their parenting time, or fails to exercise their parenting time consistently, it’s not a justification for you to refuse parenting time to the other parent.

Even if the other parent hardly sees the children, you may not unilaterally withhold parenting time in violation of the terms of that court order. In Michigan, parenting time orders are treated seriously, and it is forbidden for parents to unilaterally deny parenting time. And you’re not within your right to unilaterally change the terms of the parenting time order simply because the other parent is not exercising their parenting time per the terms of the court order.

Courts have stated they can’t force a parent to exercise their parenting time, that parents can opt in and out as parents, and that it happens all of the time. But just because the other parent fails to exercise their parenting time consistently, does not allow you to take matters into your own hands.

If you are concerned about the other parenting failing to exercise their parenting time, then you may want to pursue a modification. In these situations, it’s important to ask why is the other parent not exercising their parenting time and how long has this been going on. If the other parent, without valid justification and for a decent length of time, has failed to exercise their parenting time, a modification of the parenting time order may be appropriate. If you believe a change in parenting time or custody is appropriate, then you must file a motion. The judge can review your motion and decide if they are willing to change your current custody or parenting time order.

However, before you take action, what is your goal? What do you hope to accomplish with the judge? If the other parent refuses to see the children now, or is inconsistent with their involvement with the children, any changes to the court order may not incentivize them to step up as parents. And many judges do not believe the failure to exercise parenting time as defined in your court order is enough to change custody or parenting time.

So, before you file your motion seek legal counsel to discuss the specific facts in your case. Let’s sit down and talk about your options. Let’s see what’s best for you, and your children, given your specific circumstances.

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

Let’s discuss the specifics of your situation. 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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 45903.

What Do You Need To Know For A Custody Agreement?

October 10, 2023 By Laurie Schmitt

If your family law case involves custody and parenting time, there are many issues that you need to think about. And if you and the other parent are trying to come to an agreement regarding custody and parenting time, you need to know what your agreement should contain. The following is a list of issues that you should incorporate into your final order:

LEGAL CUSTODY

Legal custody involves which parent has the ability to make decisions regarding the child’s education, health, and welfare. When parties share joint legal custody, it means that they are to consult the other on major decisions.

PHYSICAL CUSTODY

Physical custody involves where the child will primarily live; who actually raises the child in their home. The parties may agree to joint physical custody, even if the child resides primarily with one parent.

PARENTING TIME

There are many parenting time schedules that can be considered. Do you want 50/50, every other weekend, or something in between? When deciding on a parenting time schedule you and the other parent should look at the age of your child(ren), where the children attend school, your employment schedules, your ability to exercise the time you are asking for. Come up with a parenting time schedule that makes sense, and that is in the best interest of your child(ren).

HOLIDAYS

In most counties in Michigan, the judge will require you to rotate all major holidays. The major holidays can differ between counties. However, the following is a basic list of holidays that are observed in most family courts: New Years Eve, New Years Day, Easter, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas Eve, Christmas Day, Spring Break, Christmas Break, and Mother’s Day/Father’s Day. If your county has a holiday parenting time schedule you may follow that. If you and the other parent want to create your own holiday schedule, you are free to do so. Note, that holiday parenting time takes precedence over any regularly scheduled parenting time.

TELEPHONE CONTACT

Some parties want to include a provision in their agreements about telephone calls with the child(ren) during the other parent’s parenting time. If you wish to add a telephone contact provision, it should include the days and times of the calls. If you decide to add this provision to your written agreement, it will be upheld by the court.

TRANSPORTATION

You and the other parent are free to agree on any transportation arrangement you like. However, if you are unable to come to an agreement, the court will order that the parent who is starting his or her parenting time shall be responsible for transportation. Typically, the court will allow transportation to be provided by the parent or by a member of the parent’s immediate family. They will also require that all transportation be provided by a properly licensed individual who has a properly licensed and registered vehicle, and that all legally required restraints be present and used (seat belts/car seats).

TAX EXEMPTIONS

Who gets to claim the child(ren) on their taxes is overlooked by many parents. It’s important that you and the other parent come to an agreement regarding tax exemptions or you most likely will find yourself in court in the future arguing over this issue. The typical agreement is that tax emptions will be rotated between the parties (one party receiving the exemptions in even years and the other parent receiving the exemptions in odd years). If you have more than one child, you may also consider an agreement in which each of you will take one child every year (with your agreement stating who will claim what child).

EXTRA-CURRICULAR ACTIVITIES

And again, who will pay for extra-curricular activities is another issue that gets overlooked in many agreements. Your child(ren) may not currently be of age that they are participating in any extra-curricular activities. However, it’s best to talk about it now. You and the other parent can agree that you will equally share in the costs. Or you can agree to a different percentage other than one half. It’s also a good idea to have a yearly cap on the expenses. That way, you both clearly understand your maximum yearly out-of-pocket expenses as it relates to extra-curricular activity expenses. And you can agree that once the cap is met, if you or the other parent want to place the child(ren) in other extra-curricular activities the enrolling parent will be solely responsible for all costs.

CONTACT SCHMITT LAW, PLLC FOR LEGAL ADVICE ON CUSTODY. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, we help parents work together to create a custody and 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.

What Financial Information Is Used To Calculate Child Support?

October 6, 2023 By Laurie Schmitt

If you’re going through a divorce or child custody action and child support will be calculated in your case, you should familiarize yourself with what is and is not used in your child support calculations. The following is a quick guide to show you what is credited and what is not credited in determining your monthly child support obligation.

The first thing to consider is what is income. The following is an abbreviated list of what the State of Michigan considers income for the purposes of calculating your monthly child support obligation.

WHAT IS CONSIDERED INCOME:

Gross monthly income
Gross monthly income
Commissions
Bonuses
Any other monies from all employers or as a result of employment
Distributed payments from profit-sharing, pension, retirement, an insurance contract, an annuity, trust fund, deferred compensation, retirement account, social security, unemployment compensation, disability insurance or benefits, or worker’s compensation
Military pay
Tips, gratuities, royalties, interest, dividends
Net capital gains

WHAT ELSE IS USED IN THE CALCULATIONS:

Daycare payments
Health care insurance payments (attributed to the children)
The amount of overnights each parent receives per year
Second family credit (given to parties who have children from another relationship that live with them or that they support)

The next question is whether there are credits or offsets given for your monthly living expenses. The answer is no. Even though it may not seem fair, the State of Michigan does not account for your personal living expenses when calculating your monthly child support obligation. The following is a list of expenses that will not be credited to you.

WHAT IS NOT USED IN THE CALCULATIONS:

Mortgage or rent payments
Land contract payments
Lot rent payments
Utility payments
Vehicle loan payments
Student loan payments
Credit card payments
Car insurance payments
Personal loan payments
Any other reoccurring monthly debt

MAKE SURE YOUR CHILD SUPPORT OBLIGATION IS CALCULATED APPROPRIATELY. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING WEST MICHIGAN.

Are you going through a divorce or child custody case and child support must be established? Do you have questions about your child support obligation and how it will be calculated?

Determining your monthly child support obligation can be a complex issue in your case, and one in which you will have to live with for some time. It’s best that you have your monthly child support obligation calculated fairly and appropriately at the onset, instead of having to address having it corrected later.

Over the years, we have successfully represented hundreds of clients in their child support cases. For skilled legal guidance, contact Schmitt Law, PLLC online or (616) 608-4634 to schedule a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Substance Abuse and Fighting For Custody/Parenting Time

September 11, 2023 By Laurie Schmitt

Fighting for custody and parenting time of your children is a hard enough road. But, if you have an ongoing drug or alcohol problem, it makes it a much more difficult to navigate your case.

WHAT DOES A JUDGE LOOK AT

What will your judge look at in determining your custody case if the other parent is alleging you have an alcohol or drug problem? The following are just a few of the things a judge will review before granting you custody and parenting time if the other parent is alleging you have an alcohol or drug issue:

What type of issue are you having: alcohol or drugs?
Does the other parent have clear documentation of your alcohol or drug problem?
If you have a drug problem: what is your drug of choice?
How long have you been battling with your addiction?
Are you currently treating with a counselor?
Are you attending AA or NA meetings?
How often do you attend AA or NA meetings?
Do you have a sponsor?
What will your sponsor say about you if asked to testify?
Have you sought treatment at an alcohol or drug treatment facility?
How long have you been clean/sober?
What proof can you provide of your sobriety?
Can you pass a drug test today and throughout your custody case?

WHAT CAN HAPPEN IN YOUR CASE

What may happen in your custody and parenting time case if the other parent is alleging you have an alcohol or drug problem? The answer is: it depends. However, the following are just a few of the things the judge may require from you if it can be proven you have an ongoing alcohol or drug problem.

You may be subject to supervised parenting time. This could be with a family member, or at an agency. If it is with an agency, you may be solely responsible for the cost.
You may be required to take drug and/or alcohol tests. These drug/alcohol tests may be solely at your cost.
You may be required to purchase a device that tests your sobriety prior to and/or during your parenting time.
You may have your parenting time suspended if you are unable to successfully pass tests, and are unable to remain clean and sober.
If may not be given overnight parenting time.

WHAT YOU NEED TO DO

You need to be prepared to prove your sobriety.
If you are not attending AA or NA meetings, or not attending regularly, you need to attend meetings and do so on a regular basis.
You need to get a sponsor, and build that relationship so that you can maintain your sobriety.
You need to seek appropriate counseling for your alcohol or drug addiction.
Stop lying to yourself and others. You need to stay completely sober. This means you can’t substitute one addiction for another and say you are clean and sober. As an example of a common statement client’s make: I had an opiate addiction, but now only smoke marijuana or drink alcohol. I am clean and sober. Are you really clean and sober?

In summary, your sobriety is directly related to the best interest of your child(ren). If you can’t or won’t maintain your sobriety, it will have a significant impact on what type of custody you are granted, and the amount of parenting time you will get to exercise. Only you can do the work to maintain your sobriety and fight for your rights as a parent.

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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Co-Parenting – What’s In It For You?

August 28, 2023 By Laurie Schmitt

Why is it important to you to co-parent? What do you gain from effectively co-parenting with your ex? What’s in it for you?

The most important (and obvious) reason to effectively co-parent with your ex is that your children are watching your behavior. They are analyzing how you handle issues with your ex. They learn by your example. And the lack of effective co-parenting takes its toll on your children.

Your children are depending on you and your ex to be their role models. Two adults arguing over trivial issues presents a pitfall spectacle. You and your ex should be aware of the example you are setting and the lessons your children will learn from your constant arguing. And that lesson to your children is that adults should turn minor disagreements into a war.

Note that effective co-parenting is for the benefit of the children. When you co-parent with your ex, keep in mind how wise and generous decisions will affect the future and benefit of your children. And the benefits to your children include children that don’t feel they are in the middle of your war, and children that have fond memories of their childhood because they are left out of adult wars. As your children should come first and foremost to both you and your ex, co-parenting should be second nature.

It’s not easy trying to co-parent with the very person who you divorced. There’s so much history, and it may not all be good history. But everything is not about you, your ex, or your divorce. It’s no longer about what brought you and your ex to end your marriage. It’s about the best interest of your children.

All too often, family law practitioners must educate clients on matters that should seem common sense to parents. Matters such as the importance of co-parenting, and how to effectively co-parent. And it’s a shame that people must receive common sense advise from attorneys. Or worse yet, hear it from a judge.

So next time you and your ex disagree on an inconsequential issue, stop and think about what’s best for your children. How will getting into a war positively impact your children? And is the outcome that your ex is suggesting good for the children? If so, why start a war. To summarize, be better parents when the occasion calls for it.

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

At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce and post-divorce matters that promotes positive communication and cooperation. Laurie K. Schmitt, founder of Schmitt Law, PLLC, is an Attorney, Mediator, and Collaborative Divorce lawyer. When possible, she guides her clients through amicable divorce and post-divorce settlements so they can move forward with their life. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

Back-To-School Co-Parenting

August 7, 2023 By Laurie Schmitt

Once again, you find that your children’s summer vacation is coming to an end. And it’s time again to get your children ready to return to school. So how can you and your ex make your children’s return to school easier? By effectively co-parenting. And what does that mean?

The following is a short list of decisions that you and your ex can make together to make your children’s transition to school easier:

Are the children changing schools and need to be enrolled? If so, who will be responsible for enrollment?
Are both of you in agreement to change the school of your children? If not, have you filed a motion with the court seeking a change in schools?
Will the children’s school have an orientation? Are both of you aware of the date? Have you agreed on who will be attending the orientation?
Who will shop for school clothes, backpacks, and other school related necessities?
How will the cost of these items will be divided?
If you’re exercising a summer parenting schedule that differs from the school year, when will you and our ex return to the school year parenting time schedule?
When will you start transitioning the children to a school time evening routine and bedtime?
Are you and your ex willing to abide by a specific bedtime that will be upheld at both of your homes?
Do your children need a haircut before school starts? If so, who will take them and who will pay for it?
Do the children need to see the doctor or dentist before school starts? If so, who will schedule and take them to these appointments?
Do the children want/need to be enrolled in extra-curricular activities? If so, who will be responsible for enrollment and who will pay for it?
Are both of you in agreement to the children being enrolled in extra-curricular activities? If not, have you filed a motion with the court to resolve this issue?

What other child related issues do you encounter with your ex when you’re getting the children ready for the new school year to start? By having a discussion with your ex in advance, you can make the back-to-school process smoother for your children, and yourself, by preventing the battle before it begins. If all else fails and you and your ex are unable to come to agreements regarding major decisions, it may require court intervention to resolve the issues. If this is the case, you need to allow yourself enough time to file a motion and be heard by the court.

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. Our office is located at: 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

What Is The Process In A Paternity Case In The State Of Michigan?

July 31, 2023 By Laurie Schmitt

If a child in Michigan is born to unmarried parents, paternity will need to be established. It can be as easy as both parents voluntarily signing an Affidavit of Parentage. Or it will require the assistance of the court to establish paternity.

WHAT IS AN AFFIDAVIT OF PARENTAGE?

An Affidavit of Parentage is a form signed by both unmarried parents that acknowledges, under the penalty of perjury, that they are the biological parents of a child.

CAN I FILE A CUSTODY CASE WITHOUT AN AFFIDAVIT OF PARENTAGE?

If you and the other parent signed and filed an Affidavit of Parentage, either of you may file a custody case to establish custody, parenting time, and child support. However, if you do not have an Affidavit of Parentage, you will need to establish paternity before you can file a case for custody, parenting time, and child support.

HOW DO I ESTABLISH PATERNITY VOLUNTARILY?

A father’s legal paternity must be established before custody, parenting time, and child support can be established. To voluntarily establish paternity, the mother and father can sign and file a sworn statement called an Affidavit of Parentage. There is no requirement that a DNA test must be taken. Once both parents have signed the Affidavit of Parentage, it must be filed with the Central Paternity Registry in Michigan.

WHAT HAPPENS IF I SIGN AN AFFIDAVIT OF PARENTAGE?

Once you have voluntarily signed and Affidavit of Parentage, it establishes paternity. When there is an Affidavit of Parentage in place, paternity is now established.

Under Michigan law, once an Affidavit of Parentage is signed:

It gives initial custody to the mother until either parent starts a custody case.
It allows the child’s mother to seek child support from the child’s father.
It allows the child’s father to seek custody and/or parenting time with the child.
It allows the father’s name to be added to the child’s birth certificate.

WHEN CAN YOU SIGN AN AFFIDAVIT OF PARENTAGE?

An Affidavit of Parentage often gets signed by the parents when their child is born, but it can be done any time during the child’s life.

HOW DO I ESTABLISH PATERNITY THROUGH THE COURT?

Either parent may seek to establish paternity. And signing the Affidavit of Parentage is voluntary. If either parent does not agree to sign an Affidavit of Parentage, it can’t be used to establish paternity. If this is your situation, then either the mother, father or prosecuting attorney can file a paternity case.

If court intervention is necessary, the first step is for a complaint to be filed with the court, and a hearing to be set. Next, you would serve the other parent with the complaint and notice of the hearing. A hearing will be held wherein either party may request a DNA test. If a DNA test is requested by either party, then that test will be court ordered. The father, mother, and child will be required to go to a lab and provide samples for the DNA test. Once the results of the DNA test are done, and it is determined that the party is the father, then the case may move forward to determine custody, parenting time, and child support.

WHAT IF I’M NOT SURE I’M THE FATHER?

If you have any doubt about whether you are the child’s biological father, you should obtain a DNA test before you agree to sign the Affidavit of Parentage. You must be 100% certain you are the father before you voluntarily sign the Affidavit of Parentage. If you are sure you’re the father of the child, the Affidavit of Parentage can be signed so that you can establish yourself as the child’s biological and legal father.

WHY SHOULD YOU REQUEST A DNA TEST?

When you sign the Affidavit of Parentage, you waive your right to request a DNA test, and waive your right to contest paternity through the court. If a DNA test shows that the alleged father is the biological father, the judge will sign an Order of Filiation. An Order of Filiation establishes paternity, making the alleged father the legal father. Custody, parenting time, and child support decisions would then be made in the paternity case.

WHAT IF YOU DISAGREE WITH THE PATERNITY TEST?

If the purported father disagrees with the results of the DNA test, then a trial will take place in which the court will either establish an order of paternity or, if appropriate, dismiss the claim.

GET HELP ESTABLISHING RIGHTS TO YOUR CHILD. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Paternity in Michigan is a complicated procedure with long-term implications. It’s important to understand your rights and duties so that you will be in the best position to move forward during and after you establish your parentage. Advice from an experienced family law attorney can make all the difference in your outcome.

At Schmitt Law, PLLC, we work to ensure that our clients have the information and guidance they need to make the right decisions for their family and their future. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation. Our office is located at 401 Hall St., Suite 112D, Grand Rapids, MI 49504

Issues Concerning Children

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