Thursday, April 21, 2011

Changing child custody in Michigan what are the best interest factors (810) 235-1970.

The Statutory Factors that a court will use to decide the best interest of a child.

No one factor indicates how custody should be awarded. The best interests of the child means the sum total of the following 12 factors to be considered, evaluated, and determined by the court:
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(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved. see http://www.dumpmyspouse.com/



(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(l) Any other factor considered by the court to be relevant to a particular child custody dispute.MCL 722.23.
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Monday, October 13, 2008

No Fault Divorce

What is a no-fault divorce?

In Michigan -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 Michigan Attorney will tell you no accusations or need to prove "guilt" or cause of the breakdown are required in a Michigan Divorce.

Your Michigan 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 Michigan 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 gets what property.

By Terry Bankert

Thursday, October 2, 2008

UNDERSTANDING DIVORCE

UNDERSTANDING THE DIVORCE PROCESSBy Attorney Terry Ray Bankert 810 235-1970My firm offers family law services: DIVORCE, child support, parenting time, child custody and Grand Parents rights. These Services through mediation are offered state wide.Divorce litigation is offered in Genesee County Michigan. We get our message to market through, FindLaw, Terry R. Bankert P.C. Blog, dumpmyspouse, AttorneyBankert,facebook, FlintTalk,Blogging for Michigan,myspace, Flint Talk radio, Flint Journal Community blogs, CPS Courier, and WFLT 1420 am radio.We use the internet venues to present our service to market. For instance the venue " dumpmyspouse " firm offers billboard placement and a .com address thats remembered. Our site is rich in detail with articles on Divorce, divorce law, divorce forms. I describe my services as a divorce attorney / divorce lawyer, your divorce rights, divorce custody, divorce parenting time, and the procedures of divorce in Flint Michigan and the State of Michigan.My theory is to approach divorce and domestic actions through the eyes of the children when applicable and always from a sense of fairness and equity. State wide I offer divorce mediation services for your privacy and development of a divorce judgement both of you want not a judge.See http://attorneybankert.com/ for Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/Do you need help now? Call 810 235-1970 !Date 10/2/2008Where to File for DivorceState courts have power (or "jurisdiction") over divorce proceedings, here it will be the Genesee County Circuit Court , so the spouse seeking a divorce files an initial document called a divorce "complaint".Michigan has a specific family court division where the divorce petition is filed and the case is heard.Do I have to live in a state to get a divorce there?All states require a spouse to be a resident of the state -- often for at least six months , Michigan, and sometimes for as long as one year -- before filing for a divorce there. Someone who files for divorce must offer proof that he or she has resided there for the required length of time.Only three states -- Alaska, South Dakota and Washington -- have no statutory requirement for resident status.If you think that your spouse will file for divorce in another state, it may be prudent to spend the money up front and file first -- in your home state.Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere you could rack up a lot of traveling expenses.Also, any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support , must be filed in the original state. This could keep you traveling out of state for years to come, especially if you have children with your spouse.Can one spouse move to a different state or country to get a divorce?If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else. The courts of all states will recognize the divorce.If you receive documents from a foreign country, you may want to consult an attorney to advise you of whether your state court or the foreign court governs the issues. This depends on many factors, such as which particular country is involved, where the parties lived and for how long and, of course, whether children are involved.Filing and Serving the Divorce/Dissolution PetitionThe divorce/dissolution Complaint is a legal document that is filed in court by a spouse who seeks a divorce. Also called the "petition" in some states, the complaint informs the court of the filing spouse's desire to end the marriage, and its filing with the court signifies the initiation of the divorce process.Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun (more on serving the petition below).Contents of the Divorce Complaint: Information and RequestsWhile specific requirements and formats vary from state to state, the divorce/dissolution petition typically contains the following information:Identification of the spouses by name and address;Date and place of marriage;Identific ation of children of the marriage;Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;Grounds for divorce;There has been a breakdown in the Marital relationship and the bonds of matrimony have been broken. Specific fault does not have to be stated.Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.Contents of the Divorce/Dissolution Petition: Temporary OrdersIn addition to the information described above, the divorce complaint may ask the court to put temporary "orders" in place on certain family and financial issues while the divorce process is ongoing.If approved, these orders usually stay in effect until the divorce becomes final.These temporary orders may pertain to issues such as:Which spouse will have primary (physical) custody of the child(ren);Child visitation schedule for the non-custodial spouse;Payment of child support;Payment of spousal support;Which spouse will live in the couple's house or primary residence;Payment of bills and other financial concerns*****By Attorney Terry Ray Bankert 810 235-1970http://attorneybankert.com/Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/

Tuesday, September 30, 2008