Key Issues
Child Support, Custody, Domestic Violence, Divorce, False Allegations, Federal Laws, Marriage / Divorce, Parental Alienation, Paternity, Visitation / Parenting Time
CHILD SUPPORT
Child Support
Calculators from All Law
www.alllaw.com/calculators/Childsupport
Child support calculators for various states and a
variety of legal resources.
Child Support
Guideline - Michigan
www.courts.michigan.gov/scao/services/focb/mcsf.htm#notice
The Child Support Guideline Manual & and the FOC
Child Support Calculator software are available on
the SCAO Webpage at this web address.
Michigan Electronic Disbursement of Child Support
2004 Public Act 548 (codified at MCL 400.236[4]) requires the Michigan State Disbursement Unit (MiSDU) to disburse child support payments electronically. In November 2005, three Michigan counties (Marquette, Muskegon, and Shiawassee) piloted the electronic distribution of child support. During 2006, the remaining Michigan counties will begin distributing child support electronically. After that transition, child support payments sent by check payable to a child support recipient will occur only in special-need cases.
Understanding the Uniform Interstate Family Support Act and How it Affects Parents in Michigan
The answer to the question of how a move affects child support enforcement is found in the Uniform Interstate Family Support Act (UIFSA). UIFSA is a uniform model act that establishes how states should work with one another when there are child support obligations involving residents in each. The key concept of UIFSA is that only one state has jurisdiction to decide the amount of child support. This eliminates the possibility of multiple orders changing support at the same time. To achieve this goal, UIFSA specifies criteria for determining which order is the controlling order when there are multiple support orders, and which state has continuing exclusive jurisdiction to modify the support amount. [See MCL 552.1231].
The following are common questions about how UIFSA affects the enforcement of a Michigan child support order.
- What happens if a child support payee moves from Michigan but the child support payer remains in the state?
- What happens if a child support payer moves and the child support payee remains in Michigan?
See the Pundit for more information.
CUSTODY
Child
Custody Act of 1970
The Child Custody Act is the law adopted by most states
in determining child custody.
Child
Custody - Best Interest of the Child Factors
These are the 12 factors used in custody determination.
A significant change of circumstances is required to
change custody, therefore it is best to establish a
good custody or parenting time arrangement in the beginning
with a strong parenting plan. See Legal Resources and
Parenting Plan.
Child
Custody Coach
Hints and tips on child custody.
Child Custody Factors Defined
The provides further description of the 12 custody factors.
Michigan
Custody Guidelines
This document outlines the guidelines for the Michigan
courts and FOC in determining custody.
The
Heritage Foundation Issue Bulletin
How Congress can protect the rights of parents to raise
their children.
Domestic Violence
Defined
Domestic violence is very liberally defined and can
be construed in very vague terms. Almost any aggressive
behavior can be construed as domestic violence. Domestic
violence does not have to be physical. Emotional violence
(shouting, threats, creating fear, and even silence
or not talking are classified as domestic violence in
the current guidelines). Hearsay evidence is allowed,
meaning someone's claim of domestic violence is considered
fact. Judges must assume that it did, in fact, occur.
The following documents are essential
reading for anyone faced with a claim of domestic violence:
Respecting Accuracy in Domestic
Abuse Reporting
http://www.mediaradar.org/
RADAR - Respecting Accuracy in Domestic Abuse Reporting - is
a network of concerned men and women around the country
who are working to assure that the media present the
hidden side of domestic violence.
RADAR Proposal to the United Nations
The attached press release will be going to 17,000 media outlets
FALSE
ALLEGATIONS
False
Allegations – Dean Tong
http://www.abuse-excuse.com/
A variety of resources to defend against false allegations.
Rosenberger's
complaint filed in Federal Court can be viewed here:
http://www.cflap.org/dl/challenge.pdf
Rosenberger raises one cause of action:
NEW YORK STATE CHILD SUPPORT STATUTES BASED ON PARENTAL
INCOME (NEW YORK STATE FAMILY COURT ACT §413, DOMESTIC
RELATIONS LAW §240) IMPERMISSIBLY INFRINGE THE
U.S. CONSTITUTION FOURTEENTH AMENDMENT RIGHT TO PRIVACY
IN THE PRIVACY PROTECTED ZONE OF PARENTING
As
relief Rosenberger seeks a declaratory judgment that
New York State Family Court Act 413 and Domesti Relations
Law 240 provisions impermissibly infringe the Federal
Right to Privacy and Property Interest (Due Process)
clause of the Fourteenth Emendment and as such are null
and void.
MARRIAGE
AND DIVORCE
Dads Divorce
http://www.dadsdivorce.com/
Cordell & Cordell is dedicated to helping divorced
and divorcing fathers maximize their role in their
children's lives.
Divorce Abilities
http://www.divorceab.com/divorcemichigan/
This web site provides divorce resources in a variety
of states.
Divorce Online
http://www.divorceonline.com/
Welcome to Divorce Online, an electronic resource
for people involved in, or facing the prospect of,
divorce. Divorce Online provides free articles and
information on the financial, legal, psychological,
real-estate, and other aspects of divorce. Additionally,
you can turn to the Professional Referral section
of Divorce Online to locate professional assistance
near you.
Divorce Resource Center
http://divorce-resource-center.com/
Divorce Source
http://www.divorcesource.com/archives/custody.shtml
A variety of divorce resources.
What
We Have Learned from 30 Years of Research on Families
in Divorce
http://www.dadsdivorce.com/mag/research.php/0126conflict.html
The following is a summary of highlights of the text,
Divorce Wars, Interventions with Families in Conflict,
(APA Books, 2000).
PARENTAL
ALIENATION SYNDROME
Parental
alienation varies in the degree of severity, as seen
in the behaviors and attitudes of both the parents
and the children. The severity can be of such little
consequence as a parent occasionally calling the other
parent a derogatory name; or it could be as overwhelming
as the parent's campaign of consciously destroying
the children's relationship with the other parent.
Most children are able to brush off a parent's off
hand comment about the other parent that is made in
frustration. On the other hand, children may not be
able to resist a parent's persistent campaign of hatred
and alienation.
Courtesy
of Glen Sacks
Allred vs. Tong--Is Parental
Alienation Syndrome a Father's Rights Hoax?
Parental
Alienation:
Getting It Wrong in Child Custody Cases*
PsyCare:
Parental Alienation Page
http://www.parentalalienation.org/default.htm
One of the goals of PsyCare is to promote education
and research on contemporary issues facing today's families.
We are beginning our undertaking by offering information
about what we have learned in the past ten years about
parental alienation.
See the following book at divorcesource.com
for more information. http://www.divorcesource.com/info/alienation/alienation.shtml
Fathers United Against Parental Alienation is a web-based
organization, which is dedicated to the free exchange
of information regarding the rights and responsibilities
of biological fathers. We live and work in a society
that has become decidedly biased against fathers. Our
media portrays us either as clueless imbeciles incapable
of understanding our children or spouses or as violent
threats to the peace and safety of our families. http://www.fathersunite.com/
For more information on parental alienation or to join
our Policy Analyst team on PAS email info@dadsofmichigan.org.
PATERNITY
Paternity issues and paternity testing have become
an increasingly important legal issue for divorced
parents and unwed parents. A Mother is presumed to
be the custodial parent in Michigan for unwed parents.
A paternity test will allow a biological Father to
exert more of his rights as a Father. The paternity
form signed at birth states that the Father understands
that he acknowledges Michigan law that the Mother
is presumed to be the parent. It is recommended that
a paternity test be performed for all unwed parents
and that a detailed parenting plan be prepared even
if the parents are cohabitating.
A child born during a marriage is presumed to be the
child of the married parents. The paternal Father
is considered the Father even if the marriage soon
ends in divorce due to an extramarital affair and
pregnancy.
A Mother is not required to identify the biological
Father in many instances. This may have severe medical
consequences to a child having medical conditions.
However, Michigan courts and medical institutions
are not compelled to assert action to reveal the biological
Father.
A debated issue is whether a child should be compelled
to have a relationship with a non-biological Father.
A child can be excluded from having a relationship
with the biological Father. Child support issues become
a central focus to continue litigation compelling
a non-biological Father to pay child support, while
denying visitation and parenting time.
Accurate DNA Testing
http://dnaexams.com/
Recent legislation makes it easier to confirm or disprove
one as being the actual father through DNA testing
and have it stand up in court. Knowing who is the
rightful father, or who isn’t, is very important
for both you and the child - not only for child support
but also for medical reasons and peace of mind.
Citizens
Against Paternity Fraud
http://www.paternityfraud.com/
This website is dedicated to helping Children and
Men discover who's the biological father, assisting
deceived, scammed and hustled paternity fraud victims
regain their constitutionally protected freedom and
their lawful assets.
CLASP (Center for Law and Social
Policy)
Policy
Brief - No minor matter
Memorandum-
Paternity Disestablishment Case Update
LexisNexis™
Academic
Old-Fashioned Pregnancy, Newly-Fashioned Paternity
Paternity by Choice
http://paternitybychoice.com/
he ambition seeded in Paternity by Choice is to create
and promote a civilized educational environment on
legislative matters concerning consensual sex, unilateral
post-conception family planning, and social dependency.
The essence here is to be mature and active minded;
welcome, encourage, and uphold the integrity of absolute
equality, liberty, and diversity in America. In short,
Paternity by Choice wishes to be in active, bipartisan
participation of finding the absolute truths surrounding
these issues, therefore discovering and implementing
the best, self-evident social solution accordingly.
VISITATION
/ PARENTING TIME
Parenting
Plans
Parenting plans are a detailed schedule and document
that outline the parenting time arrangements. DADS
and MOMS of Michigan in cooperation with universities
and other experts has prepared the sample parenting
plan below. Additional information may be found under
Legal Resources and Parenting Plans. We recommend
that you provide a copy to the other parent, complete
this document, and discuss with a counselor or arbitrator
before discussing this with legal counsel.
Title
20, Chapter 31, Subchapter II, Part 4, § 1232g.
Family educational and privacy rights
This
Federal law entitles noncustodial parents access to
a child's educational records.
Parenting Time and Custody
http://courts.michigan.gov/scao/services/focb/focb.htm
Michigan is unique among the states because the same office that provides child support
services also provides services related to custody and parenting time. Anecdotal evidence
suggests that there is a strong link between custody and parenting time and the payment of
support. The State Court Administrative Office website offers a variety of custody and
parenting time publications to assist parties and attorneys. Here are brief descriptions of
those publications found at the web site http://courts.michigan.gov/scao/services/focb/focb.htm
Michigan Custody Guideline
The Michigan Custody Guideline addresses issues associated with establishing and
modifying custody and describes the most common custody arrangements. This publication
also provides general information about the child custody factors, friend of the court evaluations,
the role of the judge, mediation, and how child custody orders are modified.
http://courts.michigan.gov/scao/resources/publications/manuals/focb/custodyguideline.pdf
Michigan Parenting Time Guideline
The Michigan Parenting Time Guideline explains how parents, judges, and the friend
of the court establish and maintain parenting time schedules. The guideline provides
suggestions and recommendations about the three most common parenting time arrangements:
standard parenting time, supervised parenting time, and joint custody. This publication is
intended for use by friend of the court staff and by both custodial and non-custodial parents.
http://courts.michigan.gov/scao/resources/publications/manuals/focb/pt_gdlns.pdf
Parenting Time Website
What is parenting time and how can parents make the most of it? This website answers
frequently asked questions. It also features useful links to other resources for those who
want additional information about parenting time.
http://courts.michigan.gov/scao/services/focb/parentingtime/Home.htm
Custody and Parenting Time Investigation Manual
This manual lists and explains each child custody factor. The manual also addresses issues
about established custodial environment, third party custody, and change of domicile, and
includes summaries of published appellate court decisions. Its practice tips may help friend
of the court investigators to gather information on the statutory factors. Although this manual
was developed for court staff, it can help parents involved in a custody or parenting time
dispute understand how the courts address custody and parenting time.
http://courts.michigan.gov/scao/resources/publications/manuals/focb/cpinvmnl.htm
Model Friend of the Court Handbook
This handbook summarizes the friend of the court’s duties and procedures, the parties’ rights
and responsibilities, and basic court procedure in domestic relations cases. Much of the
information concerns custody and parenting time issues. These and other SCAO publications can be viewed at:
http://courts.michigan.gov/scao/services/focb/focb.htm
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