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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

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.

 

FEDERAL LAWS

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 isnt, 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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