Cuzydlo Law Group, PLLC

Can a custodial parent relocate with the children?

2023-10-03T12:23:31Z

There could be multiple reasons for needing to relocate. You may need to move for work opportunities, familial ties or a better home. Regardless, if you are the mother or father with physical custody of your children, you may need to consider a specific rule under Michigan law before deciding to relocate.

The 100-mile rule

The "100-mile rule" is a guideline in Michigan child custody law. Under that guideline, custodial parents cannot move with their children more than 100 miles from their current legal residence. This rule applies even if the parent wants to move within Michigan. It intends to ensure that noncustodial parents maintain their ability to visit and spend time with their children without disrupting their lives. There are certain scenarios where the rule might not apply, such as:

If, at the time the custody order was issued, the two parents' homes were already more than 100 miles apart
If it could potentially improve the child's and the moving parent's quality of life
If the parent-child relationship can still be maintained, even with the increased distance

Like all custody issues, the court's primary concern is the child's best interest. The move might or might not boost the child's well-being. In any case, before the court allows a parent to move the child more than 100 miles away, it must consider several things, all focused on how it could benefit the child.

The custody order

Every custody order should include a plan for handling a potential move. If no plan exists, the court will step in and include a specific statement in the order that enforces the 100-mile rule. Usually, you can only relocate your child with the court's approval or the other parent's complete agreement. As a parent, you must consider all factors and understand your rights and responsibilities when it comes to moving a child. As long as you go through the necessary steps before relocating, you can avoid undesired outcomes, such as a change in custody arrangements in extreme cases.

Contested vs. uncontested divorce: Is one easier than the other?

2023-09-08T09:18:21Z

These days, no amount of time seems enough to complete everything we have to do. Having said that, people always look for more efficient alternatives in every situation, and the same applies to divorce cases. Whether the reason is to have more time to deal with the marriage’s breakdown or to simply save costs, finding an easier and more efficient divorce option is something many parties venture into. To reach this goal, many look into whether an uncontested divorce is easier than a contested one and vice versa.

Diving into their differences in terms of ease and duration

When there are fewer issues to resolve, the process is generally quicker. Accordingly, uncontested divorces are simpler and faster compared to contested ones because parties have already agreed on the terms without needing the court to decide for them. The only thing the court would have to do is review the settled terms and approve, modify or reject the same. A contested divorce is trickier and longer since the court would have to lay all the facts down, consider all the circumstances and decide on several aspects of the marriage, such as property division, child custody and support. The duration would likely be longer if the parties continue to disagree.

There is no one right way to go about divorce

While uncontested divorces are generally quicker, it does not mean that it is the appropriate divorce method for everyone. Sometimes, a contested divorce is more suitable, given the unique circumstances of each divorce case. To determine which method is the best for you, you must look into the available factors and choose the process that would maximize benefits and protect your best interests.

What is the Michigan Child Custody Act?

2023-08-14T17:04:09Z

The Michigan Child Custody Act is the state’s law regarding child custody. It assumes it is in the child’s best interests to maintain an active and solid relationship with both parents. Parents often worry about who gets to keep the children after a divorce. They will want custody of the children, and according to the Michigan Child Custody Act, they should share it through joint custody. Therefore, the court will recommend joint custody to the parents, and if both agree, the court will order it.

What is joint custody in Michigan?

Joint custody can either be legal or physical. Joint legal custody is when both parents share the decision-making authority over their children’s lives. They must consult with each other before making significant changes or judgments regarding their children and their children’s overall upbringing. When parents share joint legal custody, they have the legal right to decide on important matters for their children, such as the following:

Education
Medical care
Religious upbringing
Extracurricular and enrichment activities

Joint physical custody is when the children reside with both parents. However, they cannot be in two places simultaneously, so the approved parenting time schedule will determine how parents share physical custody. Because an equal 50/50 physical custody split is almost impossible, the court may name one parent as the primary custodian, and the other can take the children based on their scheduled parenting time. The children will spend more nights in the home of the primary custodian, and the parent who is not the primary custodian will most likely have to pay child support.

What matters most

At the end of the day, any award or order the court will make will depend on what matters most: the children’s best interests. Of course, that is what matters most to you too. If you and your former spouse can decide on the terms and conditions of the custody arrangement, you will have greater control over how you share your time with your children and parental rights to your children.

What to do with your home after a Michigan divorce

2023-07-26T11:56:42Z

The marital home holds all of your family memories. Keeping it makes sense, but discarding it is also an option if doing so would bring up too much pain. However, Michigan uses equitable distribution to divide property which can complicate things. In most divorces, the best option is for the two parties to discuss and agree on what to do with the home.

Negotiating with your ex

Coming to an agreement with your ex-spouse may take a load off both of your shoulders as it would reduce your time in court and the expenses of litigation. You might explore the following options:

If you have children, the spouse with physical custody may want to keep the home. Divorce can be rough on children, but retaining the family home may give them some stability.
The spouse who keeps the home can “buy out” the other’s share or offer them an equally valuable marital asset.
If neither of you is interested in keeping the house, you may also elect to sell the house and divide the profits.

Whatever you decide must be put in writing through a settlement agreement and presented in court during the final divorce hearing. Now, not everyone is comfortable discussing terms with their ex. Mediation may be preferable for divorcing parties who cannot tolerate each other. Divorce mediation is a valuable tool for settling disagreements between spouses. An unbiased third party, the mediator, will facilitate the negotiation process. They can help the parties identify their issues, let them provide solutions and then steer them toward an option that satisfies everyone involved.

Letting the court decide

If you and your soon-to-be ex-spouse can't resolve house and divorce issues, a judge can decide for you. A judge will listen to arguments on both sides, question witnesses, assess evidence and consider the facts of the marriage before making a decision. Understandably, it can take a long time and cost a lot of money. Divorce trials can drag on for months or even years. Whether it is to evaluate a settlement agreement, help with trial preparation or file paperwork, a lawyer can be an invaluable resource in divorce. They can also be a powerful ally if you intend to fight for your home or believe you are not getting a fair share.

Should I aim for an uncontested divorce?

2023-07-17T17:36:10Z

There is more than one type of divorce in Michigan, and which one you use may affect how much you spend on the process and how long it takes to complete. One type of divorce many couples opt for is uncontested divorce.

What is an uncontested divorce?

Couples often discuss the terms of various legal issues, such as property division and child custody, as part of the divorce process. If they cannot agree on the terms, the court makes decisions in their stead. In an uncontested divorce, the couple agrees on the terms of their separation. This usually allows them to complete the divorce without going to trial.

Is an uncontested divorce for you?

There are several reasons you might want an uncontested divorce. Because you and your spouse generally do not have to appear in any trial, you do not rely too much on the court calendar. You do not compete with other cases, so it is usually possible to finish an uncontested divorce within months, unlike traditional divorce, which might take years to finalize. And the less time the process takes, the less money you will likely spend. However, an uncontested divorce is not for everyone. Couples who can set aside their conflict and cooperate toward an amicable separation might benefit significantly from it. However, it may not be ideal if one partner is likely unsafe or disadvantaged during negotiations, which is usually the case in couples with a history of domestic abuse. An uncontested divorce may be more flexible than a traditional divorce, but it can still be as complex. You will likely need an experienced divorce attorney’s help with paperwork and negotiating fair outcomes during your separation.

Significance of Michigan’s established custodial environment

2023-06-30T08:48:47Z

Nothing seems ever to be set in stone in a divorce, given all the variables are simultaneously in motion. So, when there is a petition to change the existing custody order filed by one or both parents, it’s bound to be far from simple. Before Michigan courts can modify or amend a previous child custody judgment, they must first consider the child’s established custodial environment. While this phrase is a bit of a complicated mouthful, it essentially means the parental environment that the child looks to for guidance, comfort, discipline and all of life’s necessities. In determining the established custodial environment, the state’s courts also look at the child’s age, the physical environment and inclination of both parent and child to have a permanent relationship. All these factors must come from the child’s perspective, and not that of parents. Thus, anything that disrupts the custody arrangement status quo must come with a considerable amount of proof.

Burden of proof

The type of proof needed to build your claim depends on whether one, both or neither parent serves as the child’s established custodial environment.

Clear and convincing evidence: If the claim is highly probable and with one or two existing parents as established custodial environment
A preponderance of the evidence: If the claim is more likely than not and without an existing established custodial environment

In some instances, the role of the established custodial environment is too significant that legal teams even request a temporary custody order first, so that the challenging parent can have the chance to make an optimal parental environment. Then, the courts look at best interest factors, which include an extensive list evaluating the parent’s overall fitness or capacity to parent, to address the accuracy of the claim.

Confronting change

Change is scary, but inevitable. At some point, your family may experience substantial changes in circumstances, which include substance abuse or routine absence and neglect. These changes impact several divorce factors that may overwhelm you. It will help to seek a legal team who can work with you on strategic solutions protecting your family’s rights, interests and future.

Divorce rates are much different from one generation to the next

2023-06-05T15:46:43Z

When you look at the overall divorce rate in the United States, it is declining. There was a period in time in which there was a massive increase in divorce cases. This happened when no-fault divorce laws were new, making it easier for couples to get divorced. Since they didn’t have to prove that it was anyone’s fault, they could split up simply because they wanted to end the relationship. That increase didn’t last for long, and now people simply view divorce differently. One interesting thing that you’ll find is that divorce rates are connected to the generation that a person is a part of. They are not at all the same from one age group to the next, so someone’s age can be as much of a predictor of divorce as anything else.

A rising divorce rate

For instance, take a look at the divorce rate for those who are 50 and older. It has been increasing, meaning that it is working against the general trend. If you’re in your 20s, your odds of divorce are shrinking. If you’re in your 50s, they’re only going up. A lot of different factors have caused this to happen. For one thing, the negative stigma around divorce has changed, which could make some older couples finally feel free to split up when they felt social pressure to stay together before. Another thing to consider is that these couples often had children who may have recently left home, meaning that they are empty-nesters. This is sometimes connected to divorce because the couple has to take a new look at their own relationship without the distraction of having children in the house. Regardless of why the divorce occurs, it’s critical that those who are involved understand their rights to property division, child custody and much more.

Factors courts consider regarding child custody

2023-05-23T17:39:36Z

When the court has to rule on how child custody should be divided, they will attempt to put the child’s best interests first. This is seen as being more important than what the parents would want. Courts must make this ruling when parents cannot agree.

For instance, parents may both seek sole custody. But this is simply because they are at odds with one another as their marriage ends. The court might determine that joint custody would actually be better for the child. Since that’s their focus, they can order the parents to share custody, even if they don’t want to do so.

10 factors to keep in mind

When deciding what would be in a child’s best interests and how they should rule, the court will consider numerous factors. Below are ten to keep in mind.

The parents’ mental and physical health, and their ability to care for the child
The child’s mental and physical health
The child’s age and gender
The proximity of other family members
The living situation both parents enjoy and can provide to the child
If the child has any special needs
If there is any evidence of abuse
The financial security that both parents have
The child’s education
Cultural, religious and societal considerations

Finally, courts will even sometimes consider a child’s own preferences. But they generally will just listen to the preferences of older children, such as teenagers. Also, the court does not have to abide by those preferences if they think something else would actually be in the child’s best interests.

Overall, this can be a complex process to sort through. Those involved need to make sure they understand all of their legal options.

How to reduce conflict during divorce

2023-05-22T00:39:13Z

The romantic relationship between you and your spouse just didn’t work out, and a divorce is on the horizon. While you may not have romantic feelings toward your spouse anymore, you also do not wish them any harm. Traditionally, divorce has been viewed as an adversarial process, and this is something that is troubling you. Thankfully, your divorce doesn’t have to evolve in this way. In fact, more and more couples are starting to realize that the less conflict that occurs during divorce, the more efficient the process will be. Outlined below are a few ways that you can reduce the conflict in your divorce.

Find common ground

If you have children, the top priority for both of you will be to ensure that they do not suffer. Their parents divorcing presents a big change for them, and a high-conflict separation can be very traumatic. If you and your spouse can put your personal differences to one side and focus on the children, not only will this benefit them, but it will also help to reduce the tension in your divorce.

Don’t rush

It’s only natural to want the divorce process to reach its conclusion. However, you need to work at a pace that doesn’t negatively impact your well-being. If you and your spouse are both in agreement that the differences in your marriage are irreconcilable, then you can pursue an uncontested divorce. You may also want to look into more collaborative approaches, which can be kept out of the courtroom, meaning that you can go at a speed that suits you. The last thing you want to do is become overwhelmed by timescales or reach a settlement that doesn’t meet your needs. It’s almost certainly going to be better for all parties if conflict can be reduced during you divorce. Having sound legal guidance can help to facilitate this goal.

4 things to do after a divorce

2023-05-04T16:11:18Z

Going through a divorce can be difficult. There’s a lot you have to consider such as asset division and child custody agreements. It’s easy to overlook some of the things you may want to do once the process is over. Here are four things to do after divorce:

1. Spend time with your kids

If you have children, you’ll likely make a child custody agreement that outlines what days and times you have for visitation. You’ll have a lot more time to spend with your children after a divorce. Your children may even need you to spend more time with them as they process new changes in their lives. During this time, you can form new memories with your children and show them that you’ll still be there for them.

2. Update your estate plan

Many people include their significant other in their estate plans. Their spouse may inherit from the testator's estate or be named power of attorney so that they can act on behalf of the testator during medical emergencies. After divorce, you may wish to reevaluate your plans and make some changes. That may mean naming your children or siblings to inherit more from you or changing your powers of attorney.

3. Create a budget

Most couples get used to the idea that their finances are intertwined. This can help couples make larger investments, such as buying a new home or car or planning for a child. After divorce, however, you’ll be limited to what you make. As such, you likely will have to consider downsizing your investments and saving up by yourself.

4. Change your online passwords

Everyone has a unique online password that shouldn’t be shared with others. But, couples often let their significant other in on their passwords or use the same passwords so that accessing bank accounts is easier. If this is something you’ve done, then you may need to consider changing all of your passwords. Your ex-spouse may not access your accounts, but it’s often better to stay on the safe side. When handling divorce matters, you may need to learn about your legal options. Having a strong understanding of asset division and child custody may help you get a desired outcome.