Other Family Law Issues

How Is A Paternity Case Different Than A Divorce?

August 14, 2023 By Laurie Schmitt

THE LEGAL SIDE OF A PATERNITY CASE

Parents who were not married to each other at the time their child was born will be required to establish paternity. Parents who were married at the time their child was born are not required to establish paternity, as it is automatically established through the marriage. Parents can voluntarily acknowledge paternity by executing an affidavit of parentage. If one parent does not want to sign the affidavit of parentage, either parent may file a motion with the court to establish paternity.

THE EMOTIONAL SIDE OF A PATERNITY CASE

LACK OF TRUST

Parents who were not married to each other when their child was born may not have a significant relationship with each other, may not have lived together, and therefore may have no trust relationship with each other. In some cases, the parents may know very little about each other. This causes a distinct issue in paternity cases. When parents are married, they build a trust relationship. They know each other’s strengths and weaknesses as a parent. In a paternity case, there are different emotions to address. There may be no real relationship with the other parent, and this may lead to one parent believing the other parent is not equipped to appropriately care for the child. The lack of trust between the parents can also cause issues such as the belief that one parent can micromanage what takes place at the other parent’s house.

THE MOTHER’S VIEWPOINT

Mothers may feel that the father was not there during her pregnancy, or absent during the first months of the child’s life. They have resentment that the father is now stepping forward saying they want parenting time. The mother feels that they have been the primary caretaker for the child. Months or years of the child’s life could have passed, and now father says he wants to be an active part of the child’s life. Or, the father says he wants to be a part of the child’s life, the mother encourages the relationship, and father is not consistent with his relationship with the child. Therefore, mothers often question the fairness of fathers being awarded time with the child when they have been unwilling to voluntarily be a part of the child’s life.

THE FATHER’S VIEWPOINT

Fathers feel that the mother controls every aspect of the child’s life, to include whether they get to see the child, and if so when. Fathers feel that they have no access to the child and that any parenting time between the father and child is at the mercy of the mother. Fathers feel they have no say in the child’s life. It’s true that until the father has a court order determining parentage and parenting time, the mother has sole legal and sole physical custody of the minor child. Until a father is willing to step forward and establish his paternity, the mother remains in total control. The court will gladly address parentage, custody, and parenting time for fathers. But the father must be proactive and take action with the court. Fathers also believe courts are against them, and that the mother automatically gets everything she asks for in court. This simply is not the case. The family court is a court of equity and will make decisions in the best interest of the child when determining custody and parenting time.

SEEK LEGAL ASSISTANCE FOR YOUR PATERNITY CASE. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, BARRY, AND ALLEGAN COUNTY.

Paternity cases can be a frustrating for both parents. And 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 Street SW, Suite 112D, Grand Rapids, MI 49503.

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.

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?

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!

Is It Ok To Use Social Media During a Divorce or Custody Case?

April 6, 2023 By Laurie Schmitt

WHAT YOU SHOULD KNOW ABOUT SOCIAL MEDIA AND YOUR FAMILY LAW CASE.

So much of our lives seem to be documented publicly on social media. But, if you’re going through a divorce or custody battle, you need to think twice about the use of social media platforms.

GOLDEN RULE

It’s common sense! If it’s in writing, it can and will be used against you in your divorce or custody case. So, ask yourself “Do I want the judge to see this?”. “Will this hurt or help my case?”

PROTECT YOURSELF

How do you protect yourself? Simply shut down social media accounts during your divorce or custody case. If you are unwilling to do so, refrain from posting anything – anywhere! Although this advice is not favored by clients, it just makes sense.

YOUR ACCOUNT IS SET TO PRIVATE

Even if your social media accounts are set to private, you need to be extraordinarily carefully with who you trust. It won’t be the first time a “friend” leaks posts to the soon to be ex. And all of the sudden the information you thought you were sharing with “friends” has found its way to the judge.

PRIVATE FACEBOOK GROUPS

But you say you’re in a private Facebook group, and that will be ok. If you’re in a private Facebook group, these people are strangers to you. There should be no trust. You just never know who will release your private posts, and to whom your posts will be released to. Once again, if it’s in writing, it can and will be used against you in your divorce or custody case. And, if it’s in writing, it’s difficult to impossible to discredit the statement in court. Why? You put it in writing.

MY ACCOUNT WAS HACKED

And the excuse of “my account was hacked” holds little water to any judge. How much money are you willing to spend for an expert to show that your account was hacked? Remember, judges have heard it all, and this is not an original defense to inappropriate postings found on your account.

YOUR POSTINGS

Remember, posting things about your children can go viral. The judge would certainly frown upon you if you’re posting things about your children in an effort to shame the other parent. If you’re attempting to, or it appears that you’re attempting to disparage the other parent in your posts, the judge will believe you’re unable to encourage a close and loving relationship between the children and the other parent. This activity undermines co-parenting, and you may lose joint legal custody.

POSTINGS MADE BY SIGNIFICANT OTHERS

It’s true that you’re not responsible for controlling your significant other, their actions, or what they say on social media. However, if your new boyfriend/girlfriend are posting things about your divorce, or your children, don’t be surprised when you pay the price in court for their actions or statements.

YOUR CHILDREN

Lastly, do you care about your children’s feelings? Your children can be ashamed and embarrassed over your posts, so don’t’ drag your children into your divorce. Even if your children are young, it’s possible they will see your posts one day.

CONSIDERING DIVORCE? LEARN YOUR OPTIONS WITH SCHMITT LAW, PLLC. GRAND RAPIDS DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Contemplating a divorce can be one of the hardest decisions to make in life. There are many complexities involving the divorce process, making it overwhelming for most. However, know that you are not alone, and help is available. At Schmitt Law, PLLC we are here to answer your questions, ease your concerns, and protect your rights. To book a consultation, contact Schmitt Law, PLLC online or by calling (616) 608-4634.

What Is The Role Of A Mediator?

March 23, 2023 By Laurie Schmitt

In getting your divorce settled, it can be a long and expensive process. However, there is an alternative – Mediation. So, what is a mediator, what makes it better than litigation, how does it work, and will the mediator be our attorney?

WHAT IS A MEDIATOR?

A mediator is a third-party neutral that helps you and your spouse reach an agreement on your divorce issues.

WHAT MAKES MEDIATION BETTER THAN COURT?

A successful mediation is one in which you and your spouse reach an agreement on the issues in your case. Reaching an agreement in mediation saves you and your spouse time and expense of litigation.

HOW DOES MEDIATION WORK?

In a typical mediation, the parties and their attorneys are present, and the mediator works with both parties and their respective attorneys to reach an agreement. Once the parties have come to an agreement, the mediator will draft a mediation agreement. Once drafted, you and your spouse will sign the mediation agreement, and the mediation agreement now becomes a binding contract that can be upheld in court.

IS A MEDIATOR AN ATTORNEY AS WELL?

Yes, a mediator may be an attorney. However, you and your spouse should not confuse the mediator’s role in your divorce. The mediator’s is to help you and your spouse settle your divorce case. But a mediator may not be used as a shared attorney for you and your spouse.

WHAT IS A MEDIATOR ALLOWED TO DO?

A mediator may:

Assist you and your spouse with collaboration and negotiations to help you reach an agreement
Identify you and your spouse’s needs and interests
Assist you and your spouse to communicate in a productive way
Remains neutral with both parties

WHAT IS A MEDIATOR PROHIBITED FROM DOING?

A mediator, even if licensed as an attorney, may not:

Function as a “shared” attorney for you and your spouse
Must not represent either you or your spouse in your divorce
Provide you or your spouse with legal advice
Comment on the fairness of the agreement
Advise either you or your spouse if you could get more in court
Must not favor one party over the other
Cannot complete your Judgement of Divorce, child support order, or qualified domestic relations orders

GET HELP FINALIZING 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.

Can You Kick Your Spouse Out Of The House During Your Divorce?

January 13, 2023 By Laurie Schmitt

You want to file for a divorce. And the thought of living with your spouse while going through the divorce process is frightening. You want to have peace in your home while you await your final hearing, and wonder if you can make your spouse move out of the marital home. The answer to your question is “maybe”.

If you seek to have your spouse removed from the marital home, you would file a motion for exclusive use and possession of the marital home, schedule a hearing, and be heard by the judge assigned to your divorce case.

WHAT IS EXCLUSIVE USE AND POSSESSION OF THE MARITAL HOME

Exclusive use and possession of the marital home is when one spouse is granted the right to stay and live the marital home while the divorce is pending, requiring the other spouse to move out involuntarily.

WHEN MUST MY SPOUSE MOVE OUT

If you are granted exclusive use and possession of the marital home, your spouse will be required to move out immediately or by a specific date determined by the judge. Your spouse will then be prohibited from returning to the marital home for any reason.

HOW DO JUDGES MAKE THEIR DECISION

Judges will look at many factors when ruling on request for exclusive use and possession of the marital home. They look to see if there is domestic violence – if your spouse is assaulting or threatening you or your children. They are looking for behavior of your spouse that reaches a level the judge would believe to be harmful to you or your children.

WHEN YOU WILL NOT BE GRANTED EXCLUSIVE USE AND POSSESSION OF THE MARITAL HOME

You will not prevail on a motion for exclusive use and possession of the marital home simply because it is “uncomfortable” to live with your spouse. Your justification must reach a level that the judge believes there is domestic violence taking place in the home.

IF I AM GRANTED EXCLUSIVE USE AND POSSESSION OF THE MARITAL HOME CAN I CHANGE THE LOCKS

If you are granted exclusive use and possession of the marital home, you have the right to change the locks – and should do so immediately to prevent your spouse from returning to the marital home when you are not present.

WHO PAYS THE MORTGAGE OR RENT

If you are granted exclusive use and possession of the marital home, you may be required to be responsible for the expenses of the marital home (mortgage/rent, utilities, taxes, and insurance).

The judge will look at the financial situation of you and your spouse and determine who will have the financial responsibilities of payment of the expenses of the marital home through the pendency of the divorce. Be aware that there is a risk associated with a request for exclusive use and possession of the marital home, as these expenses can be assessed to you, your spouse, or a percentage allocated to both of you.

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

If you are contemplating or in the process of a divorce or separation, contact the Michigan divorce attorney, Schmitt Law, PLLC. Our office understands that family law matters often involve complex relationships and dynamics that can enhance decision-making stress. We provide clients with the security to approach these challenges with confidence. Our dedicated attorney will provide clients with individualized attention and strategic case preparation to address all parts of their cases. We invite you to contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

How Do Family Law Attorneys Charge For Their Work?

December 16, 2022 By Laurie Schmitt

Before you hire a family law attorney, you should have a clear understanding how your family law attorney will charge you for the legal service they will provide. Two of the most common ways family law attorneys charge for their work are the hourly rate and the flat rate. These billing methods are discussed below.

THE HOURLY RATE:

An hourly rate fee is one in which the family law attorney charges you for each hour (or portion of an hour) that they work on your case. When retaining a family law attorney under an hourly rate, request a written retainer agreement that specifies what their hourly rate will be, and what legal service will be provided to you. It’s also important that the written retainer agreement define if the family law attorney charges for work completed by their legal staff, and what that rate will be.

In most cases, the client will pay a retainer at the time they hire the attorney. A retainer is an advance on payment for the family law attorney’s services. A client retainer still belongs to the client until it’s earned by the attorney or used for legal expenses, and any unused portion must be returned. The amount of a retainer may be a set amount based on the law firm’s policies, or it may be determined based on the complexity of the case.

Note, that a more experienced attorney may charge more per hour than one with less experience; however, an experienced lawyer may take less time to do the same legal work. Most skilled family law attorneys will be able to provide the client with an approximate number of hours they anticipate the case to take, after discussing the case with the client and determining the legal course of action necessary.

THE FLAT RATE

A flat rate legal fee is one in which the family law attorney charges a fixed fee for your case. When retaining an attorney under a flat rate agreement, request a written retainer agreement that specifies what their flat rate retainer will include. The written retainer agreement should define if this flat rate includes attendance at hearings. It should also clearly state what takes place if your case does not settle – will the flat rate include representation at trial.

COSTS

Whether you hire a family law attorney on an hourly rate or flat rate basis, the written retainer agreement should address whether you will be responsible for payment of costs in connection with your case. Costs may include service of process charges, filing fees, publication fees associated with alternate service, expert witness fees and expenses, private investigation costs, court and deposition reporter’s fees, deposition costs, long-distance telephone charges, messenger and other overnight delivery service fees, electronic database research charges, police reports charges, photocopying and other reproduction expenses, postage, fax expenses, consultants’ fees, professional, mediator, arbitrator and/or special master fees and other similar items.

NO SUPRISES

The more detailed your written retainer agreement with the family law attorney, the less likely there will be misunderstandings about what legal service is to be provided and what the cost of that legal service will be.

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

Preparing To Attend Family Law Court and Everything You Need To Know

October 31, 2022 By Laurie Schmitt

Your trial (or hearing) is close…what do I need to do to prepare? Whether you choose to represent yourself of retain an attorney, Schmitt Law, PLLC offer the following tips to prepare for your court hearing.

PREPARE WITH YOUR ATTORNEY

In order to prepare for trial, you should be meeting with your attorney. Your attorney should review your testimony questions with you. These are the questions they intend to ask you when you are on the stand. This assists the attorney in getting the facts straight. It also helps you in knowing in advance what is going to be asked, allowing you to prepare appropriate answers. This does not mean your attorney is going to feed answers to you. It means that if the attorney knows how you are going to respond, then they are not surprised at trial. It also means that it gives you time to think about your answers before you must testify. Through this preparation process your attorney can assist you in the best way to answer difficult questions that may be presented (from either your own attorney or the opposing attorney). It will make you far more comfortable when you must take the stand.

BE PROFESSIONAL

If the judge asks you a direct question, be polite and courteous and answer their question. After all, this person is making life decisions for you. You want them to like you. Also, be mindful of your facial expressions (no matter what is being said). If you hear something that is not true, angers you, or places you in a bad light – stay calm. And never interrupt opposing counsel or the judge. You will be given your chance to speak and respond.

BE TRUTHFUL

The most important point to remember while you are on the stand presenting your testimony is this…you have taken an oath to tell the truth. So, never lie. Always tell the truth, even if the truth does not present you in the best light. Judges appreciate truth over tall tales. If you lie on the stand, and it is proven that you have lied (meaning you are impeached), you will lose all credibility with the judge. And there is no going back from a lie told under oath.

FIRST IMPRESSIONS ARE IMPORTANT

You want to make a good impression when you attend court, as you want the judge to believe you are credible. Dressing appropriately is advised, as clothing mistakes in court can lead to the judge forming opinions about you that may or may not be correct. You are not required to wear a suit, or expensive clothes – just use your common sense when selecting what to wear. The key is to look neat and professional. It is suggested that men wear dress slacks, a button-down long sleeve shirt and a tie. Women should wear a skirt and blouse, or dress slacks and blouse or sweater. Your clothing does not need to be fancy, just appropriate for court. Remember, the judge looking at you is making a judgment call about you and your case, and making decisions that may significantly impact your life. After all…first impressions are everything!

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

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

Other Family Law Issues

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