Ann Arbor Family Law

Ask A Legal Question

Do You Have A Ann Arbor Family Law Question?

Family Law

Welcome to Ann Arbor Legal Line!

Call the 24/7 free Legal Line:

877-378-3525

Michigan doesn't have no-fault divorce laws like many states; the state's statutes require that legal cause for divorce be shown and that there is no reasonable hope of the marriage being recovered or salvaged.  Michigan also provides for legal separation (or "separate maintenance") if there's no claim or counterclaim for divorce.  Though it's not required, the state can provide third-party mediation in matters of child custody or parenting. The court can also require alimony or child support from either party in a divorce case. 

Child support comes into play through high school age for the child, but in no case is a parent liable for child support once the child is past the age of 19.  Various mechanisms for enforcing child support are available, including garnishment or withholding of wages. The court may be called on to make the final call on the split of property in a divorce; though Michigan is an "equitable distribution" state, the court still has a great deal of latitude in this process. 

Ann Arbor ANNULMENT

In Michigan, annulments are not granted on the basis of time (as in, under a month as in some states). Annulments can only be granted in cases of fraud, bigamy, physical incapacity, incest, mental incapacity or foreign law violations.  Religious annulments may still apply after a divorce and be recognized in the eyes of the law.

Ann Arbor CHILD CUSTODY

Michigan encourages joint custody in divorces, but the state's system realizes that other factors might intervene and make joint custody disputable.  In such cases, the following are taken into account in determining custody:

  • Love, affection and emotional ties between the parties and children
  • Capacity of the parties to keep the love, affection and emotional ties
  • Capacity of both parties to keep the child provided with food, clothing, medical care and other necessities
  • Length of time the child has been in a stable environment
  • Future prospects for a stable environment, and permanence of the new situation
  • Moral fitness of both parties
  • Mental and physical health of both parties
  • School, community and home record of the child

Reasonable preference of the child, if the court deems the child to be old enough to make a preference. Here it's worth noting that "reasonable preference" is only a consideration in the eyes of the law; the courts will not allow a child to make that decision until age 18.  It's unlikely, however, that the police would return a 16-year-old to a parent with whom the child doesn't want to live.

Any history of domestic violence, whether it was directed toward the child or witnessed by him/her

Willingness of the parent to keep a relationship with the child and the other parent both

Ann Arbor CHILD ABUSE LAWS

Michigan's child abuse laws encompass any situation where a child is in harm's way due to "non accidental physical or mental injury, sexual abuse or exploitation, or maltreatment."  Police, health professionals, teachers, counselors, social workers, child care professionals and many others are considered "mandatory reporters"; failure to report is a misdemeanor punishable by $100 fine or 93 days in jail. 

Ann Arbor CHILD NEGLECT LAWS

Michigan's child neglect laws carry similar penalties to child abuse offenses.  Child neglect is loosely defined as harm or threatened harm to a child's health or welfare by any person responsible for that child.  The letter of the law is as follows:

  • Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care. Placing a child at an unreasonable risk to the child's health or welfare by failure of the parent, legal guardian, or other person responsible for the child's health or welfare to intervene to eliminate that risk when that person is able to do so and has, or should have, knowledge of the risk.

Ann Arbor DOMESTIC VIOLENCE

Michigan stresses the fact that domestic violence is not a personal, family matter -- it's a criminal offense.  Domestic violence can occur between spouses, in dating relationships, between a child and elder, between siblings or between a parent and child.  An entire range of actions of physical abuse, sexual abuse, emotional and psychological abuse or economic abuse are all considered domestic violence in the state.  Michigan has an ongoing effort to encourage reporting and action in cases of abuse, and educating people about what constitutes domestic violence or abuse in the first place. It's considered a serious offense, a misdemeanor punishable by 93 days in jail and/or a $500 fine.

Examples of domestic violence might include being:

  • Punched, shoved or kicked
  • Slapped or bitten
  • Threatened with a weapon
  • Denied help if injured or ill
  • Locked out of one's house
  • Forced to have sex or watch sexual acts
  • Forced to dress more provocatively than one would wish
  • Threatened with harm
  • Convinced you are to blame for problems
  • Stalked
  • Denied access to bank accounts or money
  • Denied access to health or dental care. 


Ask Your Family Law Question Below.







Explanations and Instructions.



medical malpriactice lawyer
Ann Arbor Family Law

Ann Arbor Family Law Questions

Ask A Legal Question

Recent Sample Questions to the Legal Line

  • I am currently awaiting a settlement in my Ann Arbor divorce case however my ex has refused to comply with the court rendering. My credit was going to be damaged not ruined. I am no longer able to be caught up on anything and am getting up to 15 calls a day from people I owe money to yet they all know I am awaiting the settlement. My home is in a short sale status yet due to actions by my ex may be now going into foreclosure. I owe the IRS both feds and state and am petrified I will be sent to jail. My utilities are going to be shut off as I am only able to pay my car payment, auto insurance and cell phone. I need to work so I need the car and have to have the insurance and since my place of work I won't do personal business over their phones have to be able to be contacted by my divorce attorney. I need help to know if I can even try for bankruptcy. It’s a mess and too long to write out. By the time I get done paying fees/fines/etc., there is nothing left of what I make per month.
  • If my son's biological father was not even listed on his birth certicate and has never seen him do I still have to have his rights severed before my husband can adopt or we can change his name.
  • I am 14 and when my parents got divorced I decided I wasn’t going to visit my mom because I didn't agree with what she did. Very recently I was told by my mom that if I didn't go with her then she can make me go to juvenile court? My question is - can she do this, and if she can what are my options?
  • I found out that my exhusband is a convicted sex offender from 15 years ago, so if I decide to let him have visitation with our 2 sons would that be considered child endangerment
  • My husband had an affair and the woman said he was the father of her unborn child. Now that the child has arrived we have tried to establish paternity, but she said "don't worry about it - you all live your lives and I will live mine". So my question is can she later come and try to get back child support?
  • Can a spouse, signing up for and getting info on singles sites, be considered a reason for adultery?
  • My husband and I been separated since Sept 2009 and I'm curious, does it matter who files first? We have 1 minor child together and no property.
  • My exgirlfirend will be going to court to establish custody and parenting time of our son. If there is no dispute of paternity, do I still have to fill out the paternity establishment papers for the court
  • I have paid all my child support and $10,000 on the interest. I need to file paperwork and go back to Ann Arbor divorce court to get the rest of the child support interest stopped. I am unable to work and need to get this paperwork filed as soon as I can.
  • I was adopted. Six years ago my parents decided I wasn't going be a part of their life anymore. I was curious if I had any rights regarding their estate when they pass.
  • My husband and I have been separated for 5 months, I live in Ann Arbor and he is in Kentucky. I am wondering if I have to file in the state we last resided in together.
  • What’s the cost of a divorce in Ann Arbor? My husband and I haven't been together since 2004. We’ve established child support through juvenile court and we’ve also been to class - ordered thought the Ann Arbor court. I just want to know the cost at this time.
  • I would like to know if I have an established child support order for one child, and then get another order for a different child - would the first child support payment be lowered due to the fact that I would be paying for two others in a new order? What are the Ann Arbor child custody rules on something like this?
  • According to child custody law in Michigan, how long after a ruling of a child modification court hearing is the time between when the judge ruled and the next available year that you can be taken back to court? Is there a grace period where I can’t be taken back to court?

     

*Always consult a legal professional in person before taking any legal action related to your case or situation.

Do You Have A Family Law Question?







Explanations and Instructions.



Family Law