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.

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.

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

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.

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.

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.

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

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.

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!

Divorce Fears – Part 2

May 8, 2023 By Laurie Schmitt

Whether you’ve chosen to end your marriage, or your spouse decided to file for divorce, it may be difficult to imagine how your life will be after the divorce is finalized. In Divorce Fears – Part Two, we will continue to discuss fears that you and many others encounter while going through your divorce.

THE MARITAL HOME AND CUSTODY

You may be concerned that if you’re unable to keep the marital home in after the divorce, you won’t be able to retain custody of the children. Fear not.

Judges understand that in every divorce, one or both of the parties will be required to relocate. Even if you can’t keep the marital home, it doesn’t reflect on your ability to provide a stable and loving home for your children. If you have to sell the marital home, or your spouse retains it, you can find a new home that will keep your children in the same school district. This would offer stability to your children. And perhaps you find a new home closer to your support structure (friends and family) that can lend assistance to you and your children during this transition period.

LOST RELATIONSHIPS WITH YOUR CHILDREN

You worry you will lose your daily connection with your children. It’s true you won’t be able to see your children every day. But there are ways to navigate this issue such as zoom, skype, texting, and calls. Even small daily check-in’s can make this transition smoother for you and your children. And know that you and your spouse are experiencing the same fear of not being able to see the children daily after your divorce is finalized. It may feel lonely when you don’t have the children. However, this may be the time to focus on yourself, new friendships, and new interests. And when your children are with you, devote yourself to being the best parent you can be.

FEARS OF YOUR CHILDREN

Let’s not forget your children have divorce fears of their own. They may be concerned with who they will live with, if they have to choose between you and your spouse, if they have to attend a new school, if they have to move to a new home, if they have to lose their friends, and if they will still be able to participate in their extracurricular activities.

Your children maybe struggling emotionally, and you need assist them through this process. How can you help them? As parents, it’s our obligation to answer our children’s questions honestly, and age appropriately. This is not to say you should talk to your children about the details of your divorce. But you need to reassure them that you both still love them and are co-parenting to make good decisions on their behalf.

You and your spouse need to set your differences aside, learn to co-parent, and come up with a plan that works for everyone (including your children). This is the time to look out for your children and keep their best interests in mind at all times.

HELPING PEOPLE START THE NEXT CHAPTER OF THEIR LIVES

At Schmitt Law, PLLC, 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.

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.

Can You Control Lifestyle Differences In Your Ex’s House?

April 17, 2023 By Laurie Schmitt

Courts don’t adjudicate values for your children. They leave that for parents. If you and your spouse are getting divorced or are already divorced, you may not share the same values or lifestyles. So, what can you do when you and your ex have different rules and lifestyles in your homes for your children?

You need to find a way to accept that you and your ex are ending or have ended your marriage for a reason. And you need to accept the reality that each of you have the right to make different decisions and implement different rules for the children while the children are in your care. You need to manage your expectations now, for what’s about to come: each parent having the right to control their homes during their parenting time.

If it’s not illegal, considered neglect or abuse, or putting the children in danger, the court will not get involved in micromanaging you or your ex’s lifestyle and decisions regarding your children.

Even if you and your ex disagree on decisions for the children, you and your ex get to decide what takes place in your respective homes. These are just a few examples of decisions parent gets to make when the children are in that parent’s care:

What the children may eat
What clothes the children may wear
What bed times the children will have
The children’s access, use, duration and choices of tv, video games, cell phone use, internet access, and social media platforms
What activities they will participate in
How they will wear their hair

These are just a few issues the court will not involve themselves in:

Mom/dad lets me stay up later
Mom/dad lets me play that video game
Mom/dad lets me listen to that music
Mom/Dad said I could at their house

Ask yourself, if your ex’s decisions are negatively impacting the health, safety, or welfare of your children? Your inclination may be to jump to the answer yes, of course their decisions are bad for the children. But will the court agree with you?

FINAL TIP: You may not approve of your ex’s decisions nor would you make the same choices at your house. But that’s the very definition of lifestyle differences. So, before you litigate lifestyle differences, ask yourself if you can show the court that a health, safety, or welfare issue is involved. Disagreements, conflicts, and differences about lifestyles will not be enough to convince a court to micromanage your ex’s life.

PROVIDING SOLUTIONS FOR FAMILIES.GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, 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.

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