Other Family Law Issues

5 Things To Do During A Child Custody Case

August 14, 2024 By Laurie Schmitt

Divorce is difficult enough, and when children are involved — things become exponentially more difficult. If you are preparing for a child custody case, here are a few things you should do to ensure the best outcome for you and your children.

Navigating a child custody case can raise a number of questions that can overwhelm any parent. From helping your child understand their situation to establishing an agreed upon parenting schedule, it’s easy to get lost in a list of to-do’s when beginning your custody battle.

Here are five things you should do during a child custody case:

Hire An Attorney: Each custody case is different, but one thing is for certain — you do not have to endure it alone. As soon as you know you will be facing a child custody case, contact an experienced attorney to help. Attorneys can provide helpful insight to your situation while helping you prepare for your case and understanding the possible outcomes.
Prioritize Your Child: Remember that your custody case is not a tool to hurt your ex, but a way to help your child maintain structure and ensure they are in their best possible living situation. Take time to put your custody battle aside and spend time with your child and remind them that everything will be okay.
Turn Off Social Media: It can be tempting to use social media as a personal way to vent your frustrations during your custody case, but don’t. Any and all social media posts can be used against you in court and can actually hurt your chances of winning your custody case. Likewise, it is also a good idea to refrain from sending negative text messages to your ex that can be saved for later use.
Watch What You Say: No matter your personal feelings toward your ex, it’s important to watch what you’re saying about them to other people, especially your children. Hearing their parents talk poorly about the other parent can confuse your child and put unnecessary stress on them during this time.
Tell The Truth: When it comes to your child custody case, be honest with your attorney and be honest with the court with everything they ask. Hiding facts or lying about your situation can only hurt your credibility and result in an unfavorable hearing.

For more information about child custody cases from the experts at Schmitt Law, PLLC, please contact us online to arrange a consultation or call us directly at 616.608.4634. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Who Will Make Your Life’s Most Important Decisions?

March 25, 2024 By Laurie Schmitt

If you’re going through a contested divorce, and are unable to come to an agreement with your spouse, who are you going to leave the decision making up to? The judge?

If you’ve attempted to resolve the outstanding issues in your divorce with your spouse, and have been unable to come to a full resolution, now’s the time to balance your risk at trial. The plain truth is the judge doesn’t know what you know about your life. The judge doesn’t care as much as you do about your family. And the judge has little time to hear the smallest of details of your life. Leaving your life’s most important decisions to the judge may be unwise.

What are your options? Compromise. But what does that mean to you? It doesn’t mean give in to all of your spouse’s demands. But compromise does mean to come to an agreement by mutual concession. You need to be willing to meet in the middle by finding a resolution between your demands and your spouse’s demands. You may need to reduce your demands or change your opinion on what you believe is a fair resolution in order to reach an agreement. And ask yourself, can you live with the terms your spouse is offering? Are the terms an equitable and fair resolution of your divorce issues? It’s not about either of you walking away “happy” but walking away being able to live with the deal.

Our family law judges are overworked and have little time to dedicate to each case. They don’t know your family, and the needs of your family like you and your spouse do. And they will never know the details of your life like you and your spouse do. Compromise is the best course of action, even if you don’t like all of the outcome of your agreement. It’s about being satisfied with the outcome, not thrilled with it.

Before you give the ultimate power to the judge, stop, and consider the outcome you may receive at trial. The outcome may not be in the best interest of you, or your family. Maintain control of your future. Take a look at the issues you and your spouse don’t agree to. Are the outstanding issues really worth going to trial? Or is there still some room for movement on your part? Can you find a compromise?

And perhaps your answer to these questions is there is no more room for movement or compromise, and the judge will need to decide the outcome of your divorce. And if trial is what is necessary in your case, the judge will listen to both you and your spouse and make the decisions for you. Just remember, once you walk into that courtroom, you have relinquished all control of the outcome. Do all that you can do to come to a peaceful resolution outside of court. It most cases, settlement is better than trial.

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

Divorce is a painful and emotionally stressful time for everyone. That’s why more couples are turning to the collaborative divorce process. A highly trained team of professionals work together with you to develop a fair, open and child centered resolution. If you want to avoid going to court, reach your own agreement, and promote positive co-parenting post-divorce, the collaborative divorce process may be an alternative for you.

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 settlements so they can move forward with their life.

Contact Laurie online or by calling (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

How Does The Supervised Parenting Time Process Work?

March 22, 2024 By Laurie Schmitt

Have you or the other parent’s time with the children been ordered to be supervised? If so, the following explains how the supervised parenting time process works in Grand Rapids, Kent County, Michigan.

HOW DO YOU REQUEST SUPERVISED PARENTING TIME?

One parent will be required to file a motion with the court requesting the judge enter an order requiring the other parent’s parenting time be supervised at an agency. If the judge agrees with your request, an order is prepared by the judge.

WHAT AGENCIES ARE AVAILABLE IN GRAND RAPIDS, MICHIGAN?

In Kent County, there are two supervising agencies: Journies, Inc. and Safe Connections. Either parent may request either agency. Or, either parent may request both agencies be used simultaneously. If both agencies are used simultaneously, then the parent with supervised visits may exercise parenting time at each agency, each week.

JOURNIES, INC.

If you are referred to Journies, Inc., your parenting time will be for one hour every week, depending on the availability of the parents and Journies, Inc. Payment for these visits can be assisted with the use of a grant. However, the judge must sign an order of “Access and Visitation Grant”, authorizing the grant to be used. The grant will pay up to $800, if funding is available. Payments for visits can be court ordered as follows:

$30 per hour from either parent, with $30 per hour from the grant
$15 from each party and $30 from the Grant
Other: whatever the judge believes to be appropriate

If grant funding is no longer available, payment will be as follows:

100% payment from father
100% payment from mother
50% from each party

SAFE CONNECTIONS

If you are referred to Safe Connections, all supervised parenting time will be according to the frequency and direction determined by the YWCA (typically one hour each week). Application of a sliding fee schedule will be applied by the YWCA to determine the cost of this service, to be paid in advance of each parenting time session. Safe Connections will work with both parties to determine the parenting time schedule based on the availability within the program schedule.

Safe Connections also offers safe exchanges for parenting time, meaning they assist in the exchange process for the purpose of keeping all parties safe during the exchanges of the child(ren).

ARE THERE OPTIONS FOR SUPERVISED PARENTING TIME?

Yes, you can ask the court to grant your request for supervised parenting time. However, supervised parenting time doesn’t have to be at an agency. You and the other parent can agree on a supervisor such as a family member, or mutual friend, and then all parenting time would be supervised by the selected third party. This saves you and/or the other parent from paying an agency to supervise the visits. And using a family member or friend allow for flexibility for the parent in visitation days and times.

If you believe supervised parenting time should be ordered in your case, contact Schmitt Law, PLLC to discuss your concerns.

HELPING FAMILIES MOVE FORWARD.

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

When confronted with any family law matter, there are personal and financial issues unique to each individual and family. In an effort to achieve the best possible outcome, we are committed to providing you with accurate information, outlining your options and providing thorough, effective and efficient representation. At the initial consultation, we will seek to understand your personal needs and your family’s needs, to help you move forward.

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

What Are The Steps Of A Divorce? Part IV

January 2, 2024 By Laurie Schmitt

In this multi-part blog series “What are the steps of a divorce” we continue our journey into the divorce process.

You have now obtained temporary orders. What’s next in your divorce case?

DISCOVERY PROCESS
DISCOVERY: WHAT IS IT?

Discovery is part of the pre-trial phase of the case where each party requests documents and information from the other side. This process allows both parties to obtain information necessary to reach a fair and equitable settlement. If a settlement is unsuccessful, the information exchanged will be used at trial.

DOCUMENTS REQUIRED FOR THE DISCOVERY PROCESS

The following is a checklist of documents you should compile for your attorney. This checklist may not contain everything your attorney will need, as the discovery process is tailored to the specific facts of each case. Here is the most basic checklist of documents used in most divorce cases:

List of all bank accounts. Provide account numbers, current balances, and statements for the last three months for each account. (savings, checking, CD’s, credit unions)
Copies of titles and registrations for all vehicles, boats. etc.
Blue book values on all vehicles and boats. Print reports for private party values for each vehicle and/or boat.
Warrant Deed and statements reflecting mortgage balances owed for all real estate.
Copy of Appraisal for home (if within last 3 years).
Copies of life insurance policies.
Most recent property tax statement and any recent appraisal reports for all real estate.
Retirement account statements (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
Statements for investments (stocks, bonds, mutual funds, etc.). Information for inheritance received during the marriage.
List all credit cards and other debts (mortgages, car loans, home equity lines of credit) indicating whether joint or individual, and balance owed, and provide copies of statements for the last three months for each.
Documents for all other indebtedness.
Any financial statements recently prepared (ex: for loan applications).
Recent pay-stubs for both spouses.
Recent credit report to ensure that all debt is accounted for in your settlement.
The last three years’ tax returns with W-2’s and schedules attached.
Business interests, corporate stock certificates, etc.
Franchise agreements.
Employment Contracts.
Lease agreements.
Copy of household budget if used.
Prenuptial or post nuptial agreements.
If you have children under 18:
- Verification of yearly daycare costs
- Information on, or copy of, current health care cards
- Cost of employer provided health insurance with breakdown for costs for self and cost for self with family

DISCOVERY: WHAT DOES IT CONSIST OF?

INTERROGATORIES:

Interrogatories are written questions produced to your spouse that must be answered truthfully under oath, under penalty of perjury. Interrogatories can be on a wide range subject matters including finance, standard of living, work history, parenting time, education, the identification of witnesses, exhibits and their position concerning custody and visitation of children.

REQUESTS FOR ADMISSION:

A request for admission is when one party requests the other party to admit or deny the accuracy of a specific statement, and this admission or denial is done under oath. If your spouse fails to respond timely to a Request to Admit, all of the facts set forth in the request will be deemed admitted, and can be used as evidence during the course of litigation.

REQUEST FOR PRODUCTION OF DOCUMENTS:

A request for production of documents is a formal request to your spouse to produce specific documents related to your divorce such as pay stubs, statements for bank accounts, credit cards, auto loans, and investment and retirement accounts. Additional examples of items requested can be (1) written reports and documents for expert witnesses, (2) written, recorded, or signed statements of any party (including you and your spouse, investigators, friends, family members or employers), (3) photographs, videotapes or audiotapes, emails, surveys or other graphic representations of information, (4) documents received pursuant to a subpoena request from any party, and (5) financial documents (tax returns, pay stubs, bank statements, retirement account statements), child-related documents, and social media posts.

DEPOSITIONS:

Depositions are sworn testimony from your spouse or witnesses. This testimony can be used in court to refresh your spouse or a witness if they provide testimony that contradicts statements made in their deposition. Depositions take place in an attorney’s office under oath, with a court reporter present recording the testimony. After the deposition is complete, the parties may order a deposition transcript from the court reporter. If distance of a witness is an issue, a video deposition may be taken instead.

WHY IS DISCOVERY IMPORTANT TO YOU?

Discovery allows for transparency between you and your spouse. Discovery can provide you with the peace of mind that you have all of the necessary information required to reach a fair and equitable agreement in your divorce case.

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

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. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

To read Part I of this series please click the link : https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-one/
To read Part II of this series please click the link: https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-two/
To read Part II of this series please click the link: https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-3/

Name Change After A Divorce-The List

December 14, 2023 By Laurie Schmitt

If your Judgment of Divorce contains a provision for name change, you may change your name if you wish to do so.

Before you begin the process of changing your name, obtain a certified copy of your Judgment of Divorce. A certified copy of your Judgment of Divorce may be obtained at the clerk of court in the county in which you were divorced. Often, you may order a certified copy from the clerk of court online, pay the fee online, and they will mail you the certified Judgment of Divorce. If an online service is not available with your clerk of court, you may appear in person to obtain a copy. You may also contact the clerk of court via telephone and obtain instructions on how to order it over the phone or via mail.

Once you have your certified copy of your Judgment of Divorce, it’s time to update all your official records. Here are a few of the most important places to update your name change:

SOCIAL SECURITY ADMINISTRATION: you will need a certified copy of your Judgment of Divorce, identification, birth certificate or passport, and original social security card. You should change your name with the Social Security Administration first before attempting to change your name elsewhere.

MOTOR VEHICLE OFFICE: to change your driver’s license or state ID card. You will need a certified copy of your Judgment of Divorce, identification, birth certificate or passport, and new social security card (showing your new last name), and proof of residency.

STATE DEPARTMENT: to change your US passport.

DEPARTMENT OF VETERANS AFFAIRS: in the event you are receiving any veterans’ benefits

VOTER REGISTRATION: to change your name for your state voter registration card

SOCIAL SERVICE OFFICE: in the event you are enrolled in any state benefits programs and receiving any public benefits such as Medicaid, Medicare, food stamps, etc.

TAX OFFICE: if you own a home, notify the city or county property tax office of your name change for the purposes of your property taxes

FINANCIAL ACCOUNTS: this includes all financial institutions that you have an account with. Accounts include checking, savings, IRA, CD’s, 401K, pensions, any other retirement accounts.

UTILITIES: to include you electric, gas, water, garbage,

MONTHLY ONLINE SUBSCRIPTIONS

CELL PHONE SERVICE PROVIDERS

CABLE/INTERNET PROVIDER

LOYALTY PROGRAMS: this includes airlines, hotels, department stores, etc.

EMAIL ACCOUNTS

GET HELP WITH YOUR DIVORCE. GRAND RAPIDS DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Divorce in Michigan is a complicated procedure with long-term implications. It’s important to understand your rights and duties at each stage of the proceeding so that you will be in the best position to move forward during and after the divorce. Advice from an experienced divorce 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 Street SW, Suite 112D, Grand Rapids, MI 49503.

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.

Does Michigan Recognize Common Law Marriage?

November 16, 2023 By Laurie Schmitt

As the marriage rate declines, more people are making the decision to live together without the benefit of marriage. And many people believe if they have a long-term live-in situation with their significant other, they will be able to rely on common law marriage to seek division of mutual assets acquired during their relationship if their relationship ends. Unfortunately, if you are in a long-term live-in relationship in Michigan, and you wish to end that relationship, you may not be able to fall back on common law marriage to protect you.

The following information will aid you in determining if your union can be recognized in Michigan as a common law marriage.

MICHIGAN ABOLISHED COMMON LAW MARRIAGE

Michigan abolished common law marriage in 1957. However, Michigan will recognize a common law marriage if the parties can prove they entered into a common law marriage in Michigan prior to 1957.

MICHIGAN RECOGNIZES COMMON LAW MARRIAGE FROM OTHER STATES

Michigan will recognize a common law marriage from another state if the parties can prove the union was established in a state that allows common law marriage, and that their union meets that state’s specific requirements for a common law marriage.

REQUIREMENTS IN MICHIGAN TO PROVE A COMMON LAW MARRIAGE

If you wish for Michigan to recognize your union as a common law marriage, you will need to establish the following:
You established your union in a state where common law marriages are still valid
You established your union in Michigan before 1957
You and your significant other meet the requirements for a common law marriage in the state in which you are claiming it was established
You and your significant other lived together in the state where you claim the common law marriage was established

DIVORCE AND COMMON LAW MARRIAGE

If Michigan recognizes your union as a valid common law marriage, then ending your union will require you to file for a divorce. Prior to filing your divorce, you will need to be a resident of Michigan for 180 days and lived in the county of filing for 10 days prior to the filing.

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

Divorce can be emotional and messy, and it’s natural for anyone going through a divorce to want to protect their financial interests. Maintaining an objective view of the situation can be difficult when you are struggling with complex emotional issues and personal tensions in your divorce. As an experienced Michigan divorce lawyer, Schmitt Law, PLLC can help you maintain control over your property in divorce, and against taking on responsibility of debt that may not be marital. We will provide detailed guidance and support throughout every step of the process. The right attorney can increase the likelihood of you securing a favorable outcome to property and debt division in your divorce.

Laurie Schmitt of Schmitt Law, PLLC has years of experience representing clients in a wide range of difficult divorce cases. We understand the financial concerns our clients often have regarding their property ownership rights and the doubts they often experience when it comes to property division in divorce.

If you are seeking a divorce, contact us today to schedule a consultation. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Other Family Law Issues

Here are five things you should do during a child custody case:

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