Custody

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.

What Is Legal Custody In Michigan?

January 8, 2024 By Laurie Schmitt

Legal custody means the right to make major decisions about your child’s welfare. This includes decisions about medical care, phycological care, educational, and religion. If you are awarded sole legal custody, you will make these decisions without the need to consult with the other parent. If you and the other parent are awarded (or agree to share) joint legal custody, you will make these decisions together. If you and the other parent are unable to agree on a decision, then you would need to file a motion and have the court decide the issue.

As joint legal custodians, each parent will have equal decision-making authority with respect to matters concerning the child’s health care, religious training, and education. Both parents must be fully informed with respect to the child’s progress in school and will be entitled to participate in all school conferences, programs, and other activities in which parents are customarily involved. Specifically, the term “joint legal custody” means:

a. Each party will foster, encourage and support the relationship between the minor child and the other parent;

b. Each parent will be entitled to have complete access to the minor child’s medical, psychological, school, religious and other pertinent records of the child;

c. Each parent will advise the other promptly of any illness, emergency, or other significant events concerning the minor child (including school or health problems, if any) of which the parent becomes aware;

d. The parties will consult together concerning major decisions involving health, education, religion and welfare of the minor child;

e. The parties will use their best effort to work together to ensure consistency in agreement of matter affecting the upbringing of the minor child and to work together to promote the best interests of the minor child;

f. Each party shall have full rights to receive and authorize the release of information regarding the minor child from the child’s school, mental or physical health care provider or any other source;

g. The parties shall each be entitled to be informed of all parent/teacher conferences and all other activities (including sports) and/or school programs in which the child and parents are invited to attend;

h. The parties shall each be entitled to receive copies of the minor child’s report cards, medical records and current photographs;

i. Each party shall have the right to make routine and emergency decisions regarding the minor child when the child is with him or her;

j. That each party shall keep the other party informed of their present address, telephone number and any other emergency numbers.

ACCESS TO CHILDREN’S RECORDS

Even if you have sole legal custody, both parents will still have the right to access their child’s records or information. This includes medical, dental, school, and childcare records, as well as notification about any school meetings.

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.

The Top Parenting Time Questions Answered

December 11, 2023 By Laurie Schmitt

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

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

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

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

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

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

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

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

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

If you have concerns regarding parenting time and/or custody, Schmitt Law, PLLC can assist. At Schmitt Law, PLLC, we help parents work together to create a parenting plan that is in the best interests of your children. Through mediation, collaboration, or litigation, if necessary, our knowledgeable Michigan family law attorney will be your advocate and help you through this difficult time. To schedule a consultation or learn more about our services, contact us online or call (616) 608-4634. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

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

December 4, 2023 By Laurie Schmitt

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

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

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

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

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

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

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

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

Let’s discuss the specifics of your situation. At Schmitt Law, PLLC we understand that the interests of your children always come first. Whatever your situation, Schmitt Law, PLLC is experienced, sympathetic and willing to help you achieve the best outcome for your entire family. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 45903.

What Financial Information Is Used To Calculate Child Support?

October 6, 2023 By Laurie Schmitt

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

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

WHAT IS CONSIDERED INCOME:

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

WHAT ELSE IS USED IN THE CALCULATIONS:

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

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

WHAT IS NOT USED IN THE CALCULATIONS:

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

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

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

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

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

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.

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!

Violating The Terms of Your Custody Order

August 12, 2022 By Laurie Schmitt

IT’S NOT VOLUNTARY TO FOLLOW THE TERMS OF A CUSTODY ORDER

No parent has the right to violate the term of their custody order. If you believe the terms of your custody order is no longer in the best interest of your child, then take action and ask the court to change the custody order. Ask the judge for relief before you make a unilateral decision to violate the terms of your custody order. It’s much easier to ask permission from the court then to beg for forgiveness of the court.

Just remember, judges do not look favorably at parents who take matters into their own hands and take actions that are contrary to their court orders. So, before you make decisions that conflict with the terms of your custody order, consider the consequences.

WHAT IS CONSIDERED A VIOLATION OF A CUSTODY ORDER?

Refusing to exchange the child on time.
Refusing the other parent their court awarded parenting time.
Refusing to return the child after your parenting time has ended.
Refusing to follow the rules of joint legal custody. If you share joint legal custody you must consult with the other parent and attempt to agree before major decisions are made affecting the minor child’s education, enrichment activities, camp, travel, and medical problems.
Taking action to prohibit the other parent from accessing school, psychological, dental, and medical records.
Any other action that contradicts specific terms of your custody order.

WHAT CAN HAPPEN TO ME IF I VIOLATE A CUSTODY ORDER

If you violate your custody order and are found in contempt of court, you would be subject to sanctions such as:

Being ordered to pay a fine to the court
Being ordered to give the other parent makeup parenting time
Jail

It the worst violations, or repeated violations, the court could consider a change in custody and/or parenting time.

WHAT IF THERE IS AN EMERGENCY THAT REQUIRES ME TO VIOLATE THE TERMS OF MY CUSTODY ORDER?

The court has a process to address true emergencies. They are called ex parte motions.

If an emergency has arisen, and you believe an immediate change in parenting time is required, then file an ex parte motion and request the judge for the specific relief that will temporarily protect the children. Filing an ex parte motion can be achieved quickly, so there is no need to violate your custody order. Once again, ask the court for relief before you violate the terms of your custody order, not after.

CUSTODY ATTORNEY

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.

Custody

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

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