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Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

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616.608.4634

  • Home
  • About
    • About Laurie Schmitt
    • Honors and Awards
    • Inspirational Quotes
  • Divorce
    • Uncontested Divorce
    • Collaborative Divorce
    • Mediation
    • Spousal Support
    • Spousal Support Modification
    • Annulments
    • Separate Maintenance
    • Alternative Divorce Options
  • Family Law
    • Limited Scope Services
    • Child Custody
    • Change of Domicile
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Child Support
  • Paternity
    • Affidavit of Parentage
    • The Michigan Paternity Act
    • How Does A Paternity Case Work
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Issues Concerning Children

What You Need To Know About An Affidavit Of Parentage

July 24, 2023 By Laurie Schmitt

THE LAW

  • The Acknowledgment of Parentage Act (APA), MCL 722.1001 et seq.:  Unmarried parents may establish paternity under the APA by signing an affidavit of parentage, which gives a child born out of wedlock or born or conceived during a marriage but not the issue of that marriage (as determined by a court of competent jurisdiction) the same status as a legitimate child.

WHAT IS AN AFFIDAVIT OF PARENTAGE?

An Affidavit of Parentage is a document used to establish paternity is cases where the parents are not married to each other at the time their child is born. 

affidavit of Parentage

WHO SIGNS AN AFFIDAVIT OF PARENTAGE?

An Affidavit of Parentage is signed by both parents and acknowledges that they are the biological parents of the child.

WHAT DOES AN AFFIDAVIT OF PARENTAGE DO?

An Affidavit of Parentage acknowledges who the parents are. By acknowledging parentage of a child, it allows the judge to make a determination regarding custody, parenting time, and child support.

WHEN IS AN AFFIDAVIT OF PARENTAGE SIGNED?

An Affidavit of Parentage is typically signed at the hospital after the birth of the child. However, if the biological father was not present at the birth, you and the other parent can voluntarily execute an Affidavit of Parentage and file it with the State of Michigan at any time.

WHAT IF ONE PARENT WILL NOT AGREE TO SIGN THE AFFIDAVIT OF PARENTAGE?

If one parent is not willing to voluntarily sign the Affidavit of Parentage, either parent may establish paternity by filing a motion with the court and requesting a court order establishing paternity.

CAN I BE GRANTED CUSTODY OR PARENTING TIME WITHOUT AN AFFIDAVIT OF PARENTAGE?

If you are the father of the child, a judge will not grant you custody or parenting time without paternity being established. This means that you will be obligated to produce to the judge a copy of the Affidavit of Parentage before the judge can grant you custody or parenting time.  If you do not have an Affidavit of Parentage, you will need to file a motion with the court to establish that you are the father before the judge can assist you with custody and parenting time.

WHAT DOES IT MEAN TO SIGN AN AFFIDAVIT OF PARENTAGE?

As stated above, an Affidavit of Parentage voluntarily acknowledges who the parents are. By voluntarily signing the Affidavit of Parentage, you are waiving your right to a DNA test to determine if you are the biological father. And, by signing the Affidavit of Parentage you are taking on legal responsibilities to that child and will be obligated to pay child support.

WHAT IF I AM UNSURE THAT I AM THE FATHER? SHOULD I SIGN AN AFFIDAVIT OF PARENTAGE?

If you have doubts that you may not be the father, you should request a DNA test to be performed.  As stated above, there are serious legal consequences to signing the Affidavit of Parentage before requesting a DNA test. 

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. We are located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Issues Concerning Children Tagged With: Affidavit of Parentage, Children

Can I Move With The Children After The Divorce?

July 10, 2023 By Laurie Schmitt

Are you contemplating moving out of town or out of state with your child?  Will this move be more than 100 miles from the child’s current legal residence?  Has the court awarded you joint legal custody or sole legal custody?

THE 100 MILE RULE

Before you decide to move with your child, you should review your court order. Did it grant both of you joint legal custody of the minor child?  If so, you will be unable to move with the child more than 100 miles from the child’s current legal residence without consent of the other parent or permission from the court. The child’s legal residence is where each the parties lived on the day your judgment of divorce was signed by the judge. 

EXCEPTION TO THE 100 MILE RULE

move with children

Did your court order grant you sole legal custody of the minor child?  If so, this is the exception to the 100 Mile Rule. If you have sole legal custody, you will not have to seek the consent of the other parent, or the permission of the court if you want to move more than 100 miles from the child’s legal residence.    

SEEKING AN ORDER FROM THE COURT

You have joint legal custody of the minor child, and the other parent will not consent. You’ll need to pursue your request for a change of domicile through the court. The court will review the factors found in MCL 722.31 to determine if they will grant your request for a change of domicile. 

WHAT THE COURT REVIEWS TO ALLOW A MOVE

MCL 722.31 Factors:

(a) Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent.

(b) The degree to which each parent has complied with, and utilized his or her time under, a court order governing parenting time with the child, and whether the parent’s plan to change the child’s legal residence is inspired by that parent’s desire to defeat or frustrate the parenting time schedule.

(c) The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child’s schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification.

(d) The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.

APPLICATION OF THE FACTORS

When applying these factors, the court’s main focus is whether the move will improve the quality of life for both the child and the relocating parent, not just the parent. The focus must remain on the child. Courts want to hear about quality-of-life issues such as:

  • The quality of the schools in the proposed location. The court will determine if the school is comparable to the child’s current school. 
  • The availability of extra-curricular activities. If the child is currently involved in extra-curricular activities, what is the availability of similar activities for the child in the proposed location. 
  • The presence of extended family in the current location verses the proposed location. 
  • Any other factors that provide the court with specifics of how this move will enhance the child’s life.

SEEK A QUALIFIED ATTORNEY

Because of the complexity of a change of domicile case, it can be difficult to represent yourself. And, you can expect that the results for a change of domicile case will vary significantly from court to court, as courts interpret the standards for a change of domicile very differently.  If you are thinking about relocating with your children, contact Schmitt Law, PLLC to discuss your options.   

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES.  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, our clients benefit from years of experience.  We treat every client as an individual, taking the time to understand your unique situation, so as to best advise you on the steps you should take. Whatever stage your life is at, you can trust Schmitt Law, PLLC to guide you through the legal process with expertise and compassion, because we understand that family comes first. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Filed Under: Issues Concerning Children Tagged With: Children, Collaborative Divorce

Do You Need To Protect Your Rights As A Parent?

June 29, 2023 By Laurie Schmitt

HELP!  I just want to see my kids a be a significant part of their lives without interference from the other parent.

You just want to be a parent to your children.  However, the other parent does everything they can think of to make your live miserable.  It’s as if they just want you to walk away, throw in the towel, and say I won’t see my children any more. 

Protect Parent Rights
  • Do you have a current parenting time order that the other parent continually violates? 
  • Are you constantly going back and forth with the other parent fighting to exercise your court ordered parenting time? 
  • Does the other parent schedule activities for the children on your parenting time? 
  • Does the other parent refuse to meet you at exchanges, or are they constantly late? 
  • Does the other parent try and control every aspect of the children’s lives, including what takes place in your household? 
  • Does the other parent attempt to micromanage the decisions you make during your parenting time (what the children will wear, eat, and what activities they will participate in)?
  • Does the other parent attempt to cut you out of the children’s lives? 
  • Does the other parent fail to keep you informed about medical information as it relates to the children?
  • Does the other parent fail to keep you informed about school related issues and activities?
  • Does the other parent make unilateral decisions regarding the children that fall under your joint legal status?
  • Does the other parent make their own rules, contrary to the court order?
  • Do you feel that no matter what decisions you make regarding the children, the other parent believes it is not good enough?
  • Does the other parent disparage you, your significant other, or your family in front and/or directly to the children?
  • Does the other parent interfere with your holiday parenting time?
  • Does the other parent dictate the terms of every facet of the children’s lives, without considering your impute? 

Are you tired of the stress and anxiety you expend trying to gain rightful access to the children? Do you feel that you get no respect as the children’s parent?  Frequently, parents contact Schmitt Law, PLLC frustrated that they are not being allowed to exercise their rights as a parent, or that they could not come to an agreeable parenting time arrangement with the other parent. If you are experiencing issues in your relationship with the other parent, contact Schmitt Law, PLLC to discuss your rights and options 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.

Filed Under: Divorce, Issues Concerning Children Tagged With: Children, Collaborative Divorce, Custody

Tips To Successfully Mediate Parenting Time

June 23, 2023 By Laurie Schmitt

You’re scheduled for mediation, and one of the issues to be discussed will be parenting time. The following tips will help you successfully mediate a parenting time schedule that will be fair, balanced, and enforceable.

KNOW THE BASICS 

Prior to mediation your attorney should explain what legal and physical custody really means so you are prepared to make an agreement at mediation. You should also discuss the importance of having an order for parenting time.

AGREEMENTS ARE BINDING

Golden Rule: If you sign it, it’s binding.

Before entering into a mediation agreement, it’s important to understand that if you sign the agreement, it becomes a contract that is enforceable by the court. There is no buyer’s remorse later. So, fully understand the terms of the agreement before you sign your name.

MEDIATION PROCESS

Parenting Time

The mediator may control the process, but you and the other parent exclusively control whether you come to agreement regarding parenting time. And if you’re going to have a successful mediation, you must be willing to listen to the mediator and the other parent, do not interrupt anyone, and avoid making derogatory comments that may inflame the other parent. Respect is key during mediation.

GETTING READY

Gather important information such as work schedules and a calendar of what parenting time you have exercised since the divorce filing. Also have a list of points or concerns you want to raise during mediation. This may include the other parent’s new relationship or living situation, or how active the other parent has been in raising the children.

YOUR CHILDREN’S SPECIFIC NEEDS 

During mediation it’s your responsibility to make sure the mediator knows the ages of your children and any special physical, social, and emotional needs each of your children may have.  This will assist the mediator in helping you develop a parenting time schedule that takes into consideration the needs of your children.

MAKE YOUR PARENTING PLAN REALISTIC  

When you attend mediation, make sure you are negotiating for a parenting plan that is realistic – one in which each parent can uphold their end of the agreement. As an example, don’t select pick up and drop off times during the other parent’s work day. You know they can’t follow through with it, so why make the agreement? Make sure your agreement makes sense and is realistic for both of you.

MAKE YOUR PARENTING PLAN ENFORCEABLE

Golden Rule: If the judge can’t enforce it, it doesn’t make any sense to include it. 

Don’t put language in your agreement that can’t be enforced by the judge. What’s the point?  It may make you or the other parent feel better. Your parenting time agreement should be specific.  In the event the judge needs to enforce your agreement, it needs to be clear to the judge what you intended. If you only state that parenting time shall be agreed upon by the parties, it would not be enforceable. Language that is specific will reduce confusion, as each party understands their rights and responsibilities.  And clear language is much more enforceable if the need for court enforcement arises. 

WHAT YOUR AGREEMENT SHOULD INCLUDE

Make sure to include a designation of legal and physical custody, and a clearly defined parenting time schedule. The parenting time schedule should address if the parties are going to exercise the same schedule year around, or if it will be different during the school year versus the summer break. Your agreement should also address how you will communicate with the other parent: email, text, or an app designed for communication between parents. 

BE PREPARED TO MAKE CONCESSIONS

Mediation is about negotiation.  Do not go into mediation thinking you will receive everything you want. Be prepared to listen to the other parent, make concessions, so that you can reach an agreement that is fair and equitable for both of you. And before you enter into mediation, know what terms you are firm on and what you are flexible on so it can be communicated to the mediator. 

LET ME WORRY ABOUT WHAT MATTERS MOST … YOUR FAMILY.  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

The hallmark of my family law practice is providing you with top quality legal service by being intensely responsive to my clients. I will work hard to protect your rights to your children by helping you to secure the best possible outcome to complex legal situations and giving you your strongest voice in the family law process.

To schedule a consultation or to learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Issues Concerning Children Tagged With: Children, Collaborative Divorce

Will Your Job Stop You From Getting 50/50 Parenting Time?

June 15, 2023 By Laurie Schmitt

You’re getting a divorce. You come to Schmitt Law, PLLC for a consultation. The first issue you discuss is parenting time. And the first thing you state is that you want a 50/50 parenting time schedule.  The next question to you is what are your hours of employment and what days do you work?  You state you work either long hours each day, 7 days a week, varied hours, third shift, or start at 5:00 in the morning.

The best time to find out you have an obstacle to obtaining a 50/50 parenting time schedule is at the start of your divorce. Consider this your transition period. When you are married, you each take on specific roles at the house and with your children. Now that you will be single, you need to be honest with yourself and take a look at the reality of your request for a 50/50 parenting time schedule.  Are your hours of employment compatible with exercising a 50/50 parenting time schedule? If not, what do you do now?

job and parenting

While you are just the beginning of your divorce, now is the time to review if your employment will conflict with your end goal of 50/50 parenting time schedule. If you really want to exercise a 50/50 parenting time schedule, you need to ask yourself what changes you are willing to make to be awarded a 50/50 parenting time schedule. Now is the time to look at your options and see what you can do to accommodate at 50/50 parenting time schedule. Ask yourself:

  • Will your employer allow you to move to another shift?
  • Can you make yourself available to get your children to and from school?
  • Or, what arrangements can you make to ensure your children will get to and from school when you are at work?
  • Can you move your days around at work to make yourself available to your children?
  • Should you look for another job?

The biggest question to ask yourself is are you able to be home in the evening to take care of your children – to feed them, do homework with them, and get them ready for bed?  If not, it is not likely you will be granted a 50/50 parenting time schedule.

However, you have time to review your options and make adjustments to your employment so that you are able to take care of your children and obtain your goal of the 50/50 parenting time schedule.

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

Custody is a sensitive topic in divorce cases. Child custody mediation will put your child first and set you up for a healthy co-parenting relationship. With an experienced attorney and mediator like Laurie Schmitt, you will be able to navigate your new family dynamic with clear understanding and communication. Looking for a professional and experienced family law attorney, contact us online or give us a call at (616) 608-4634. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503. At Schmitt Law, PLLC our commitment is to you!

Filed Under: Issues Concerning Children, Other Family Law Issues Tagged With: Children, Custody, Family Law

Can My Ex Buy Cell Phones For Our Child?

April 27, 2023 By Laurie Schmitt

What happens when your ex buys cell phones for your child and you don’t agree with that decision? And you don’t agree with the child possessing and using the cell phone during your parenting time. What can you do?

IS IT A JOINT LEGAL DECISION OR NOT?

  • WHAT THE COURTS SAY

The Michigan courts are not settled in their opinions about whether or not a child having a cell phone is a joint legal decision. Some judges believe that it is a joint legal decision, due to the inherent risks posed due to the access to the internet and social media. Conversely, other judges believe it is not, that it is a routine decision allowing for parental discretion while a child is in their care.

ROUTINE DECISION

Cell Phones and Child

If the court believe that the purchase of a cell phone is a routine decision, then your ex would have parental discretion over the use, restriction, or possession of that cell phone while your child is in their care. Therefore, your ex can purchase a cell phone for your child and allow them to use it during their parenting time.

BUT IT IS STILL YOUR DISCRETION

However, this doesn’t mean your ex can require you allow your child use of the cell phone when your child is at your house. It is within your discretion to prohibit the phone’s use during your parenting time (just like you having the ability to limit screen time or ground your child from a devise as a punishment). This means your ex can’t force you to allow your child use of the cell phone during your parenting time, as access to a cell phone during parenting time is a routine parenting decision that is within your discretion.

The general rule is “It’s your house – your rules, and their house – their rules”. 

TRANSPORT OF THE CELL PHONE TO YOUR HOUSE

  • WHAT THE COURT SAYS

But what happens when your ex allows your child to transport the cell phone to your home during your parenting time? Some judges have ruled that the cell phone will not be transported with the child to the other parent’s home. Why? Because you shouldn’t be responsible for a lost or stolen phone and your ex expecting you to pay for a new cell phone. 

But now you become the bad guy with your child. If you never agreed to the purchase of the cell phone in the first place, this puts you in the position of either taking the cell phone away when your child arrives at your home or having to restrict your child’s use of the cell phone. Inform your ex that the cell phone can’t be transported with the child.

And you don’t want to be put in the position of micromanaging your child’s use: social media, the internet, who they may be talking to, or texting. Most likely, this was the very reason you did not want your child having a cell phone – the concern about what your child is accessing on that cell phone. And perhaps you believe your child is too young to have a cell phone, and that there is no legitimate reason for your child to need a cell phone. 

WE CAN HELP!  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We know your legal issues are unique and special. If you are having a post-divorce issue related to your children’s use of cell phone, the internet, or social media, call us, we will listen. To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634.

Filed Under: Issues Concerning Children Tagged With: Children Issues, Social Media

What Happens When We Don’t Agree On Extra-Curricular Activities For The Children?

April 24, 2023 By Laurie Schmitt

Does your judgment of divorce contain provisions regarding the terms of extra-curricular activities for the children?  Does it define who will pay for the extra-curricular activities?  Does it state how many extra-curricular activities the children may participate in at one time? Does it specifically state what activities the children may participate in?  If so, your judgment of divorce controls.  If not, now what?

Extra Curricular Activities and Children

HOW DO COURTS DECIDE DISPUTES

Courts look to the best interest of the children when evaluating extra-curricular activity disputes between parents. 

COMMON QUESTIONS

The following are some of the top questions of clients regarding extra-curricular activities and the possible rulings judges may make:

Question: Can my ex unilaterally enroll the children in extra-curricular activities?

Possible Ruling: Some judges say that if your ex enrolls your child in an extra-curricular activity without seeking your permission, the activity must be on your ex’s parenting time. The general rule is “Their dime – their time.”

Question: Does your ex expect you to pay for an extra-curricular activity that you did not agree to?

Possible Ruling: Judges may rule that your ex would remain solely responsible for enrollment fees/costs. Once again, the general rule is “Their dime – their time.”

Question: What if you and your ex can’t agree on extra-curricular activities for your child?

Possible Ruling: When you and your ex can’t agree to extra-curricular activities for your child, judges may rule that you each will rotate with enrollment choices. This means that this quarter you get to select the extra-curricular activity and next quarter your ex gets to select. Also, the judge would consider how long the child has been involved in a specific extra-curricular activity. Judges will typically say that if the child has been involved in an activity in the past (or while you were married), they will remain enrolled in that activity.

Question: Does the extra-curricular activity impact your ability to have meaningful parenting time with your children?

Possible Ruling: Judges have also ruled that there will be a limit the number of activities a child can participate in at one time. The premise is that your child shouldn’t be enrolled in so many activities that it negatively impacts you or your ex’s parenting time. The child’s extra-curricular activity should enhance their lives, not keep them constantly on the run.

Question: Who is responsible for transportation to and from the extra-curricular activity?

Possible Ruling: If you and your ex agreed to the activity, you will be responsible for transportation during your parenting time. If there was no agreement, it is likely your ex will be solely responsible for transportation.

Question: What happens if my ex refuses to take our child to the extra-curricular activity?

Possible Ruling: Judges have gone different directions on this issue. Some judges will not require a parent to take the child to the extra-curricular activity during their parenting time, while other judges will require parents to do so. 

VALUE IN EXTRA-CURRICULAR ACTIVITIES

Participation in extra-curricular activities is good for children as it builds self-esteem, teaches them how to be a part of a team, helps them make friends that share in common interests, and teaches them about winning and losing. And if your child excels in a particular extra-curricular activity, it could mean a college scholarship. So, even if you didn’t agree to your child participating in an extra-curricular activity, and it lands on your parenting time, there may be value in allowing them to participate versus fighting with your ex about it.

Disclaimer: Many of the answers to the above questions are judge dependent. The true answer is “It just depends” on your specific judge.  The outcome to all extra-curricular activity disputes can be very different based on your judge. If you’re having issues with your ex related to extra-curricular activities for your children, call Schmitt Law, PLLC to see how we can assist.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES.  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to understand your unique situation, so as to best advise you on the steps you should take. Whatever stage your life is at, you can trust Schmitt Law, PLLC to guide you through the legal process with expertise and compassion, because we understand that family comes first. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Filed Under: Issues Concerning Children Tagged With: Activities, Children, Extra-Curricular

How Should You Act During Your Custody Case?

April 10, 2023 By Laurie Schmitt

CUSTODY AND THE COMMON-SENSE RULES.

You’re in the midst of a custody case, and suspect it may turn into a battle. Or your case has taken a turn for the worse, and everything you say and do seems to get back to the judge. What should you do?

Ask yourself “What type of parent am I”?  Will the judge conclude you are a good parent when they look at the evidence?  Do your decisions reflect a parent that puts the needs of their children ahead of themselves?  It’s important to understand that your day-to-day decisions will be scrutinized by the judge when your case goes to trial. 

WHAT JUDGES REVIEW IN A CUSTODY CASE

Custody and Parents Behavior

Judges are concerned with your moral character, and your ability to make good decisions as a parent. Judges make custody determinations based off evidence presented in court. The following are tips to win your custody case:

  • STAY ACTIVE WITH YOUR CHILDREN’S EDUCATION.  Attend all parent/teacher conferences.  Stay in contact with the teachers (through email, telephone or in person). Address issues your children are having in school. Make it important to attend all extra-curricular and school activities of your children. It’s all about making your children’s education important.
  • OBTAIN COUNSELING FOR YOUR CHILDREN, IF NECESSARY.  Each child copes with divorce and change in their own way. Children benefit from having a neutral third party they can talk to and need a safe place to express their feelings. Children feel your anxiety and frustration. So, pay attention to their mental health needs.
  • NO DATING.  Dating while divorcing shows the court you’re placing your emotional needs ahead of your children’s needs, and shows poor judgment on your part. 
  • IF YOU MUST DATE.  And if you must date, don’t introduce your children to your significant other, or have your significant other spend the night when you have custody of your children. Be mindful that your children are struggling emotionally with the breakup of their family. And if this relationship extends past the divorce, an introduction can take place after the divorce.
  • DATING…CONTINUED.  If you were never married to the other parent and are in the middle of a custody battle, having multiple new people in and out of the children’s lives is not healthy or appropriate. So, stop doing it, or don’t start it! 
  • NO OVERNIGHTS. Unless you need to spend the night away for business purposes, refrain from spending the night away from home. And be prepared to document these trips as business trips. Staying the night away from home can show your needs come before your children’s needs. And, even if they are business trips, it can be misconstrued as a possible affair. 
  • JUST STOP!  Don’t engage in name calling, arguing, or use of foul language with your ex while in front of your children. Your children are already conflicted, and don’t benefit by seeing you act badly towards your ex. These behaviors show a lack of discretion and places your children on the front line of the war. 
  • NO FIGHTING AT EXCHANGES.  You and your ex are there to exchange the children, not engage in battle with the other parent. If you’re having issues with the other parent’s behavior at exchanges, you may want to document the exchanges via video
  • TAKE THE BATTLE OUT OF IT.  Don’t engage in text/email wars. Anything you put in writing can and will show up in court. Make sure that your communications are necessary and relevant regarding your children. If you send it, the judge may read it.  So, take a moment before you hit the “send” button. Ask yourself, “do I want the judge to see this”? 
  • NO BAD TALK.  When the children are with you, focus your activities around them.  Don’t spend your quality time with your children disparaging your ex. It just puts your children in the middle.    
  • RELIGION. If you’ve always attended church with the children, continue to do so.  However, if you and the children have no real religious history prior to the custody case, don’t manufacture an interest in religion to make yourself look better to the court.
  • DO YOU WANT A PERSONAL PROTECTION ORDER FILED AGAINST YOU? Don’t stalk, harass, or repeatedly call the ex. It may cause your mental health and character may be called into question by the judge. And worse yet, you may find yourself receiving a PPO.
  • NO ILLEGAL ACTIVITY OR ARRESTS.  If you can’t refrain from participating in illegal activity or getting arrested during a custody case, you will not be awarded custody. 
  • DON’T DRIVE WITHOUT A LICENSE. If your license has been revoked or suspended, don’t drive with your children in the car.   Doing so shows complete disregard for the law. 
  • DRUGS/ALCOHOL: If there are allegations of drug use and excessive drinking, then you need to stop. Nothing worse than failing a court ordered drug or alcohol test.
  • ARE YOUR ACTIVITIES BEING DOCUMENTED. It’s not uncommon for private investigators to be hired in custody cases. Who knows your habits better than your ex?  And what better way to make you look bad than to get video footage of you drunk at the bar. So, refrain from going to bars during your custody case. 

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

Custody is a sensitive topic in divorce cases. Child custody mediation will put your child first and set you up for a healthy co-parenting relationship. With an experienced attorney and mediator like Laurie Schmitt, you will be able to navigate your new family dynamic with clear understanding and communication. Looking for a professional and experienced family law attorney, contact us online or give us a call at (616) 608-4634. At Schmitt Law, PLLC our commitment is to you!

Filed Under: Issues Concerning Children Tagged With: Behavior, Children, Collaborative Divorce, Custody Case

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Laurie K. Schmitt
Attorney, Mediator, and Collaborative Lawyer

401 Hall Street SW
Suite 112D
Grand Rapids, MI 49503

Phone: 616.608.4634

Visa and MasterCard Accepted
Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce.

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Member in Good Standing - 2023 - Collaborative Practice Institute of Michigan

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