The Stability of the relationship between parent and child in Charlevoix is important in a custody decision.
The facts regarding the stability of the parent-child relationship were examined in the following circumstances to determine whether there was an established custodial environment:
No established custodial environment was created with the mother where the father maintained frequent parenting time with the children and was the primary caretaker. Mazurkiewicz v Mazurkiewicz, 164 Mich App 492, 417 NW2d 542 (1987).
The mother did not establish a custodial environment where the conduct and attitude of the parents and the children did not show a desire for the arrangement to continue. The children did not look solely to the mother for guidance, discipline, the necessities of life, and parental comfort. Vander Molen v Vander Molen, 164 Mich App 448, 418 NW2d 108 (1987).
Repeated changes in the children’s physical custody and uncertainty because of the custody trial destroyed an established custodial environment. Hayes v Hayes, 209 Mich App 385, 532 NW2d 190 (1995).
Where the trial court found that the children looked to both their mother and father, with the same frequency, for guidance, discipline, and the necessities of life, it was an abuse of discretion not to find an established custodial environment with both parents. Foskett v Foskett, 247 Mich App 1, 634 NW2d 363 (2001).
Thursday, April 21, 2011
Thursday, April 1, 2010
If Sandra Bullock lived in Charlevoix County could she get Jesee James Daughter.
COULD SANDRA BULLOCK SEEK GUARDIANSHIP AND THEN CUSTODY OF THE CHILD OF JESSE JAMES ?
*****
Find Your Michigan Family Law Attorney http://www.dumpmyspouse.com
*****
Jesse James Once Again In Child Custody Battle With Ex-Wife[1]Charlevoix Divorce Attorney Terry Bankert comments on the Family Law applicable if Jesse James Custody case was in Michigan.
CHILD CUSTODYThe Press released recently, Motorcycle builder Jesse James is once again in fights with ex-wife Janine Lindermulder over their child . James is now married to Sandra Bullock as of July 2005, but the fight over custody with his ex-wife returns in light of the now alleged scandal.[1]Jesse James has Custody of his daughter.In Michigan and Charlevoix Divorce Courts the Child Custody Act demands an assessment of the ability of individual parents to care for their children. The act standardizes the criteria for the best interests of the child and creates a comprehensive framework for decisions regarding child custody. Wealton v Wealton, 120 Mich App 406, 327 NW2d 493 (1982).
CHANGE IN CHILD CUSTODYThe porn star ex-wife of Sandra Bullock's hubby has reportedly decided to take him to court to get custody of their daughter. [2]In Michigan and Charlevoix Divorce Court a child custody order is never unchangeable. The Child Custody Act allows a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. MCL 722.27(1)(c).There is a lot of proper cause here.
DAD HAS CUSTODY OF DAUGHTERJames currently has full custody of Sunny since Lindermulder lives in a halfway house after being found guilty of tax evasion, TMZ reported.[2]Sources told the celebrity site that Lindermulder knew she didn't stand a chance of gaining even partial custody from James…[2] In Michigan and Charlevoix Divorce Court the court must consider three issues before modifying a custody order: (1)Has the petitioner carried the initial burden of establishing either “proper cause shown” or a “change of circumstances”? (2) Is there an established custodial environment? and (3) Is the modification in the best interests of the child?The requirement to find a change of circumstance or proper cause and not changing an established custodial environment without clear and convincing evidence—are intended to “erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.
NON CUSTODIAL EX PORN STAR MOM IS IN HALF WAY HOUSE AFTER PRISON.Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]If this were a Charlevoix Divorce Court cause the burden will be on Lindermulder to show a change in circumstances.The Charlevoix Divorce Courts first issue will be to considered whether the biological mother has shown the requisite “proper cause” or “change of circumstances” directed by MCL 722.27(1)(c). Vodvarka v Grasmeyer, 259 Mich App 499, 675 NW2d 847 (2003). The existence of proper cause or a change of circumstances is a threshold matter in any consideration of a change to a prior custody order. The biological mother here has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists before the trial court can consider whether an established custodial environment exists (thus establishing the burden of proof) and conduct a review of the best interests factors. Id. at 509.
MOM ADMITS SHE CANNOT PROVIDE STABILIZING ENVIRONMENTLindermulder previously believed, say sources, that she would have a difficult time getting even partial custody of Sunny because Bullock was considered "a stabilizing family influence." [1]A Michgian Charlevoix Divorce Court must follow the Michigan Child Custody Act which contains a strong policy statement that “the best interests of the child” must be the court’s controlling guide in custody disputes. MCL 722.25. MCL 722.23 defines the “best interests of the child” . Stability is directly addressed in section (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
IS DAD CURRENT MARITAL ISSUES ENOUGH TO CHANGE CUSTODY?Now, sources state, in light of the scandal, Lindermulder hopes she has a better chance of getting her daughter back.[1]GREAT STEP MOTHERBefore the scandal broke, Bullock had stated her joy in helping to raise Sunny, even having helped James get custody of the girl.[1]MOTHERHOODIn her Oscar acceptance speech for The Blind Side, Bullock said, "I would like to thank what this film is about for me, which are the mom’s that take care of the babies and the children no matter where they come from. Those moms and parents never get thanked."
CAN ESTRANGED WIFE AND STEP MOTHER GET CUSTODY?However, Bullock isn't through with her stepdaughter Sunny, Bradley said. US has reported that she's looking to get custody of the 6-year-old girl, Bradley said. [3]Jacobs said on "The Early Show," "Think about it, Sandra's been married to Jesse for five years and they have raised this girl together. Her mother, her biological mother, is in a halfway house, she was a former porn star, she's an admitted drug addict. [3]So basically Sandra has been this girl's mother. [3]Now she wants to divorce Jesse, but she still wants to raise Sunny.[3]It's an interesting legal question, because Sandra, of course, is not the biological (mother) or (has any) legal claims to this girl. But she basically is her mother." [3]Bullock's representatives have denied the star is seeking custody. [3]
IF THIS WAS A MICHIGAN CASE SANDRA BULLOCK COULD SEEK GUARDIANSHIPJames is currently in a rehabilitation facility for sex and drug addiction, according to Radar Online and US Weekly. [3]Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]In Michigan and Charlevoix a minor guardianship is a mechanism to give a person other than a custodial parent power to make decisions on behalf of a minor. A custodial parent may join the armed forces, enter drug treatment, be sent to prison, be too young to handle parenting responsibilities, or simply disappear. If the child is left with a person without legal authority a guardianship may be sought.A full guardianship could be found in a Michigan court if it were the proper jurisdiction,which it is not, based on the following.The parent or parents have permitted the minor to reside with another person and have not provided that person with legal authority for the care and maintenance of the minor. MCL 700.5204(2)(b). These circumstances must exist at the time the petition is filed.
AFTER STEP MOM GETS GUARDIANSHIP SHE CAN SEEK CUSTODY.A guardian or limited guardian of a child can bring an action for custody of the child. MCL 722.26b; see also Walterhouse v Ackley, 459 Mich 924, 589 NW2d 780 (1998) (statutory provision that gives limited guardians standing to seek custody may be applied to guardianships in place before statute’s 1990 effective date). MCL 722.26b.
Posted here byTerry Bankert
http://www.attorneybankert.com/
See.[1]http://tmdcelebritynews.com/headlines-jesse-james-once-again-in-child-custody-battle-with-ex-wife/05194[2]http://www.nypost.com/p/news/national/bullock_hubby_in_renewed_child_custody_FrIVidsBvn8TdJjBnE3jKK[3]http://www.cbsnews.com/stories/2010/03/31/earlyshow/leisure/celebspot/main6350168.shtml
*****
Find Your Michigan Family Law Attorney http://www.dumpmyspouse.com
*****
Jesse James Once Again In Child Custody Battle With Ex-Wife[1]Charlevoix Divorce Attorney Terry Bankert comments on the Family Law applicable if Jesse James Custody case was in Michigan.
CHILD CUSTODYThe Press released recently, Motorcycle builder Jesse James is once again in fights with ex-wife Janine Lindermulder over their child . James is now married to Sandra Bullock as of July 2005, but the fight over custody with his ex-wife returns in light of the now alleged scandal.[1]Jesse James has Custody of his daughter.In Michigan and Charlevoix Divorce Courts the Child Custody Act demands an assessment of the ability of individual parents to care for their children. The act standardizes the criteria for the best interests of the child and creates a comprehensive framework for decisions regarding child custody. Wealton v Wealton, 120 Mich App 406, 327 NW2d 493 (1982).
CHANGE IN CHILD CUSTODYThe porn star ex-wife of Sandra Bullock's hubby has reportedly decided to take him to court to get custody of their daughter. [2]In Michigan and Charlevoix Divorce Court a child custody order is never unchangeable. The Child Custody Act allows a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. MCL 722.27(1)(c).There is a lot of proper cause here.
DAD HAS CUSTODY OF DAUGHTERJames currently has full custody of Sunny since Lindermulder lives in a halfway house after being found guilty of tax evasion, TMZ reported.[2]Sources told the celebrity site that Lindermulder knew she didn't stand a chance of gaining even partial custody from James…[2] In Michigan and Charlevoix Divorce Court the court must consider three issues before modifying a custody order: (1)Has the petitioner carried the initial burden of establishing either “proper cause shown” or a “change of circumstances”? (2) Is there an established custodial environment? and (3) Is the modification in the best interests of the child?The requirement to find a change of circumstance or proper cause and not changing an established custodial environment without clear and convincing evidence—are intended to “erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.
NON CUSTODIAL EX PORN STAR MOM IS IN HALF WAY HOUSE AFTER PRISON.Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]If this were a Charlevoix Divorce Court cause the burden will be on Lindermulder to show a change in circumstances.The Charlevoix Divorce Courts first issue will be to considered whether the biological mother has shown the requisite “proper cause” or “change of circumstances” directed by MCL 722.27(1)(c). Vodvarka v Grasmeyer, 259 Mich App 499, 675 NW2d 847 (2003). The existence of proper cause or a change of circumstances is a threshold matter in any consideration of a change to a prior custody order. The biological mother here has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists before the trial court can consider whether an established custodial environment exists (thus establishing the burden of proof) and conduct a review of the best interests factors. Id. at 509.
MOM ADMITS SHE CANNOT PROVIDE STABILIZING ENVIRONMENTLindermulder previously believed, say sources, that she would have a difficult time getting even partial custody of Sunny because Bullock was considered "a stabilizing family influence." [1]A Michgian Charlevoix Divorce Court must follow the Michigan Child Custody Act which contains a strong policy statement that “the best interests of the child” must be the court’s controlling guide in custody disputes. MCL 722.25. MCL 722.23 defines the “best interests of the child” . Stability is directly addressed in section (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
IS DAD CURRENT MARITAL ISSUES ENOUGH TO CHANGE CUSTODY?Now, sources state, in light of the scandal, Lindermulder hopes she has a better chance of getting her daughter back.[1]GREAT STEP MOTHERBefore the scandal broke, Bullock had stated her joy in helping to raise Sunny, even having helped James get custody of the girl.[1]MOTHERHOODIn her Oscar acceptance speech for The Blind Side, Bullock said, "I would like to thank what this film is about for me, which are the mom’s that take care of the babies and the children no matter where they come from. Those moms and parents never get thanked."
CAN ESTRANGED WIFE AND STEP MOTHER GET CUSTODY?However, Bullock isn't through with her stepdaughter Sunny, Bradley said. US has reported that she's looking to get custody of the 6-year-old girl, Bradley said. [3]Jacobs said on "The Early Show," "Think about it, Sandra's been married to Jesse for five years and they have raised this girl together. Her mother, her biological mother, is in a halfway house, she was a former porn star, she's an admitted drug addict. [3]So basically Sandra has been this girl's mother. [3]Now she wants to divorce Jesse, but she still wants to raise Sunny.[3]It's an interesting legal question, because Sandra, of course, is not the biological (mother) or (has any) legal claims to this girl. But she basically is her mother." [3]Bullock's representatives have denied the star is seeking custody. [3]
IF THIS WAS A MICHIGAN CASE SANDRA BULLOCK COULD SEEK GUARDIANSHIPJames is currently in a rehabilitation facility for sex and drug addiction, according to Radar Online and US Weekly. [3]Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]In Michigan and Charlevoix a minor guardianship is a mechanism to give a person other than a custodial parent power to make decisions on behalf of a minor. A custodial parent may join the armed forces, enter drug treatment, be sent to prison, be too young to handle parenting responsibilities, or simply disappear. If the child is left with a person without legal authority a guardianship may be sought.A full guardianship could be found in a Michigan court if it were the proper jurisdiction,which it is not, based on the following.The parent or parents have permitted the minor to reside with another person and have not provided that person with legal authority for the care and maintenance of the minor. MCL 700.5204(2)(b). These circumstances must exist at the time the petition is filed.
AFTER STEP MOM GETS GUARDIANSHIP SHE CAN SEEK CUSTODY.A guardian or limited guardian of a child can bring an action for custody of the child. MCL 722.26b; see also Walterhouse v Ackley, 459 Mich 924, 589 NW2d 780 (1998) (statutory provision that gives limited guardians standing to seek custody may be applied to guardianships in place before statute’s 1990 effective date). MCL 722.26b.
Posted here byTerry Bankert
http://www.attorneybankert.com/
See.[1]http://tmdcelebritynews.com/headlines-jesse-james-once-again-in-child-custody-battle-with-ex-wife/05194[2]http://www.nypost.com/p/news/national/bullock_hubby_in_renewed_child_custody_FrIVidsBvn8TdJjBnE3jKK[3]http://www.cbsnews.com/stories/2010/03/31/earlyshow/leisure/celebspot/main6350168.shtml
Tuesday, October 14, 2008
Charlevoix County Temporary restraing order, divorce
Charlevoix County :DIVORCE TEMPORARY RESTRAINING ORDER
What is a temporary restraining order from a Charlevoix County County Family Court?
Requirements for a Charlevoix County Divorce Attorney seeking and the court granting a temporary restraining order (TRO): Charlevoix County Fathers Rights , Childrens Rights and Charlevoix County Mothers Rights equally apply.
It clearly appears from specific facts, as Prepared by a Charlevoix County Divorce Lawyer, shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.
The applicant’s Charlevoix County Attorney certifies in writing any efforts to give notice and why notice should not be required.
A permanent record , By A Charlevoix County Family Court Judge, is made of non written evidence, arguments, or representations supporting the application. A record is what is done in front of a Charlevoix County Family Court Judge after the case is called. The record is produced by ordering transcripts.
The order, prepared by your Charlevoix County Divorce attorney, must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.
Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.
Motions for Temporary Orders as prepared by your Charlevoix County Divorce Lawyer outline follows;
A Charlevoix County Lawyer will prepare your Motions for temporary orders . Charlevoix County attorney pleadings typically concern Charlevoix County child custody and Charlevoix County support, Charlevoix County parenting time adjustments, marital restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Charlevoix County attorney fees.
A Charlevoix County Lawyer’ s motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. MCR 3.207©)(2).
The motion may be made , by your Charlevoix County Legal Counsel, at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested. MCR 3.207©)(1).
Other provisions regarding the Charlevoix County Divorce temporary order include the following:
The Charlevoix County Divorce order may be modified at any time, following a hearing and on a showing of good cause.
The Charlevoix County Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.
The Charlevoix County Divorce order remains in effect until modified or until entry of the final judgment or order.
The Charlevoix County Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearage that have been assigned to the state.
MCR 3.207©)(3)–(6).
Your Charlevoix County Judge may not grant exclusive use of the marital home to one party in the absence of evidence of abusive conduct, a risk of physical harm, or conduct detrimental psychologically or emotionally to the children. That the petitioner is "uncomfortable" with the living arrangement probably does not justify depriving the other party of a residence.
At any time, a Charlevoix County Divorce party may request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a Charlevoix County post judgment proceeding. The motion must allege facts sufficient to show that the petitioner is unable to bear the expense and that the other party is able to pay. Alternatively, the motion must allege facts sufficient to show that the fees and expenses were incurred because the other party was able to comply with a previous court order but refused. MCR 3.206©).
Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com
What is a temporary restraining order from a Charlevoix County County Family Court?
Requirements for a Charlevoix County Divorce Attorney seeking and the court granting a temporary restraining order (TRO): Charlevoix County Fathers Rights , Childrens Rights and Charlevoix County Mothers Rights equally apply.
It clearly appears from specific facts, as Prepared by a Charlevoix County Divorce Lawyer, shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.
The applicant’s Charlevoix County Attorney certifies in writing any efforts to give notice and why notice should not be required.
A permanent record , By A Charlevoix County Family Court Judge, is made of non written evidence, arguments, or representations supporting the application. A record is what is done in front of a Charlevoix County Family Court Judge after the case is called. The record is produced by ordering transcripts.
The order, prepared by your Charlevoix County Divorce attorney, must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.
Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.
Motions for Temporary Orders as prepared by your Charlevoix County Divorce Lawyer outline follows;
A Charlevoix County Lawyer will prepare your Motions for temporary orders . Charlevoix County attorney pleadings typically concern Charlevoix County child custody and Charlevoix County support, Charlevoix County parenting time adjustments, marital restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Charlevoix County attorney fees.
A Charlevoix County Lawyer’ s motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. MCR 3.207©)(2).
The motion may be made , by your Charlevoix County Legal Counsel, at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested. MCR 3.207©)(1).
Other provisions regarding the Charlevoix County Divorce temporary order include the following:
The Charlevoix County Divorce order may be modified at any time, following a hearing and on a showing of good cause.
The Charlevoix County Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.
The Charlevoix County Divorce order remains in effect until modified or until entry of the final judgment or order.
The Charlevoix County Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearage that have been assigned to the state.
MCR 3.207©)(3)–(6).
Your Charlevoix County Judge may not grant exclusive use of the marital home to one party in the absence of evidence of abusive conduct, a risk of physical harm, or conduct detrimental psychologically or emotionally to the children. That the petitioner is "uncomfortable" with the living arrangement probably does not justify depriving the other party of a residence.
At any time, a Charlevoix County Divorce party may request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a Charlevoix County post judgment proceeding. The motion must allege facts sufficient to show that the petitioner is unable to bear the expense and that the other party is able to pay. Alternatively, the motion must allege facts sufficient to show that the fees and expenses were incurred because the other party was able to comply with a previous court order but refused. MCR 3.206©).
Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com
Monday, October 13, 2008
Charlevoix No fault Divorce
What is a no-fault divorce?
In Charlevoix County A no-fault divorce is one in which neither spouse (husband or wife) blames the other in court documents for the breakdown of the marriage. You should consult an attorney / lawyer for your divorce. To find an attorney contact dumpmyspouse , or attorneybankert ( Terry Bankert). Just google these names. Your Charlevoix Attorney will tell you no accusations or need to prove "guilt" or cause of the breakdown are required. Your Charlevoix Lawyer will tell you A common basis for a no-fault divorce is "irreconcilable differences" or "irretrievable marriage breakdown." In a simple divorce or a contested one ,As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. You may have a legal separation or an informal one. Your Charlevoix Divorce Attorney will advise: Another common basis for no-fault divorce is the parties living separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent. Fault can be used to decide who get what property.
In Charlevoix County A no-fault divorce is one in which neither spouse (husband or wife) blames the other in court documents for the breakdown of the marriage. You should consult an attorney / lawyer for your divorce. To find an attorney contact dumpmyspouse , or attorneybankert ( Terry Bankert). Just google these names. Your Charlevoix Attorney will tell you no accusations or need to prove "guilt" or cause of the breakdown are required. Your Charlevoix Lawyer will tell you A common basis for a no-fault divorce is "irreconcilable differences" or "irretrievable marriage breakdown." In a simple divorce or a contested one ,As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. You may have a legal separation or an informal one. Your Charlevoix Divorce Attorney will advise: Another common basis for no-fault divorce is the parties living separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent. Fault can be used to decide who get what property.
Sunday, September 28, 2008
Charlevoix
Charlevoix
http://www.charlevoixcounty.org/
203 Antrim StCharlevoix, MI 49720(231) 547-7200
Area: 417 smEst: 1869Pop: 26,090Pop/sm: 62.6Seat: Charlevoix
http://www.charlevoixcounty.org/
203 Antrim StCharlevoix, MI 49720(231) 547-7200
Area: 417 smEst: 1869Pop: 26,090Pop/sm: 62.6Seat: Charlevoix
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