Custody and Parenting Time

The Uniform Child Custody Jurisdiction and Enforcement Act [UCCJEA]

This Act defines the term "the child's 'Home State' " and controls the issue of which state, of two competing states, has the authority to make "an initial custody determination" with regard to any child involved in a proceeding -- whether it's a divorce action, a paternity action, a child custody action. During the course of post-judgment proceedings, once again, the issue of which state is the child's "Home State" again controls where the contested issues will be heard and decided and court orders will be enforced or modified.

The Michigan UCCJEA is found here.

You can read the Uniform Law Commissioners Final Act together with their comments, which can  be invaluable when seeking to interpret specific terms of the Act here.

As of August 3, 2008, all but two states have enacted the UCCJEA, replacing the former Uniform Child Custody Jurisdiction Act. Only Massachusetts and New Hampshire remain. Both states had bills introduced in their legislatures in 2008 for enactment.

You can gain substantial knowledge in how to proceed on a UCCJEA case by reading this Bulletin from the Office of Juvenile Justice and Delinquency Prevention.

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Michigan's State Friend of the Court Website

The State Friend of the Court website is designed to help parents learn about parenting time and how to make the most of it. There are other valuable resources on this website: Michigan Friend of the Court Parenting Time Website. 

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Friend of the Court Parenting Time Guidelines

The Introduction of this manual explains its purpose as follows: “The Parenting Time Guideline contains information addressing many of the challenges associated with establishing and maintaining parenting time schedules. Fathers' and mothers' rights and obligations with respect to parenting time are explained.

The Parenting Time Guideline provides suggestions and recommendations to address issues relevant to the three most common parenting time arrangements: parenting time, supervised parenting time, and joint custody. The Parenting Time Guideline is intended for use by friend of the court staff and custodial and non-custodial parents. Although the Parenting Time Guideline provides information on numerous subjects, the reader is reminded that the information presented is not an exhaustive listing of the myriad of subjects and issues relevant to parenting time.”  

See Page 4 of the manual for the factors that the FOC and the Court must consider in establishing parenting time schedules. You can download the manual and store it on your hard drive or you can print it by clicking on the appropriate icon on the left hand side of the toolbar. 

Click here to access the Friend of the Court Parenting Time Guidelines.

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Friend of the Court Manual on Custody Guidelines

This 18-page booklet was developed for the use of families facing decisions about custody and parenting time. In the Introduction, its purpose is explained:

Introduction

The Custody Guideline contains information addressing many of the issues associated with establishing custody during a divorce proceeding and modifying custody after the Judgment of Divorce is entered. It also provides information relevant to the most common custody arrangements. Fathers' and mothers' rights and obligations with respect to custody are explained. Although the Custody Guideline provides information on numerous subjects, the reader is reminded that  the information presented is not a listing of all the subjects and issues relevant to custody.

Child custody is a term that refers to rights and responsibilities for each parent and child. Custody is not a term used to indicate ownership, but rather a determination of the time a child is going to be with each parent and each parent’s responsibility to make decisions on behalf of the child. Custody can be modified to accommodate significant changes in the lives of the children or the parents involved. Because it is very difficult to establish a significant change in circumstances or good cause in order to modify a prior custody order, the first custody and parenting time order issued in a case can be very important in defining each parent's right to participate in the lives of his or her children.

The judge attempts to structure custody to promote a strong relationship between children and their parents. The only time this is not true is when the judge determines that custody with a particular individual would endanger the child’s physical, mental, or emotional health.

In custody matters judges are asked to decide who will make decisions for a child and when a child is going to be with each parent. If parents in custody cases have not reached an agreement, the judge is asked to determine when a child is going to be with each parent. However, parents in custody cases who decide to work together can decide the custody agreement with the help of their attorneys, the help of the friend of the court office, and/or the process of mediation. Parents can, on their own, also work through the court system to obtain or modify custody by filing the proper paperwork.

There are several custody arrangements that can be agreed upon by parents or ordered by the judge. However, in custody disputes parents must be advised of joint custody. At the request of a parent the judge must consider awarding joint custody and must state during a hearing the reasons for granting or denying the request. The judge must decide if joint custody is in the best interests of the child. The judge could award joint custody and equally divide the time the child spends with each parent. However, the judge could also award joint custody and not equally divide the time the child spends with each parent.  For example, the judge could award joint custody, with one parent having physical custody during the school year and the other parent having physical custody during the summer vacation period.”      

See Page 3 of the booklet for the factors that the FOC and the Court must consider in establishing custody. You can download the manual and store it on your hard drive or you can print it by clicking on the appropriate icon on the left hand side of the toolbar.          

Click here to read the entire booklet:   Friend of the Court Manual on Custody Guidelines 

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Custody and Parenting Time Investigation Manual

The State Court Administrator's Office has made available a manual used by the Friend of the Court in its role as an advisor to the Court with respect to child custody and parenting time decisions made during a divorce proceeding. The FOC caseworker uses this manual when he or she investigates and makes recommendations to the Court about what the custody and parenting time decisions should be in each individual case. It is helpful for parents to know how the FOC caseworker thinks and works, and the factors that are considered in decision-making. The manual can be accessed here:   Custody and Parenting Time Investigation Manual.

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Supervised Parenting Time or Exchanges

Haven is a Supervised Visitation and Exchange Center located in Oakland County Michigan. Haven provides a safe environment for families going through a difficult time adjusting to relationship problems. At Haven, couples can exchange their children to avoid exchanges in public places and to avoid the potential for a violent confrontation in front of the children. Haven also provides supervised parenting time, which a court might order if domestic violence or abuse issues occur or if a parent has a substance abuse problem. Reunification visits can also be scheduled at Safe Haven to permit a safe and secure environment for a parent who has not had contact with his or her child for a long period of time.

There are Haven facilities in Pontiac, Farmington, Royal Oak and Bloomfield Hills, Michigan:  For more information, contact  HAVEN Administrative Offices, PO Box 431045, Pontiac, MI 48343. Tel. 248.334.1284

Michigan Child Support Formula Manual

This manual explains how the child's right to support is determined and also explains fathers' and mothers' obligations with respect to support of their child. On December 24, 2003, the Supreme Court determined that the substantive changes related to (1) determining medical support and health care coverage options, (2) setting child support before determining spousal support, and (3) deviation were to be included in the next Michigan Child Support Formula Manual. The State Court Administrative Office has published a manual which became effective on October 1, 2004. See the Supreme Court's Order >>.

Visit Craig Ross’ Marginsoft web site for more information on Support 2005, one of the best software tools for evaluating spousal maintenance/alimony claims, and one of the easiest ways for calculating child support based upon Michigan’s guidelines.

New Formula Effective Beginning October 1, 2008

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Washtenaw County Family Court Benchbook

The Washtenaw County Family Court has published a copy of its Benchbook on the Internet. This valuable resource is used by the Family Court referees and judges in making important decisions about the divorce cases before the Court. It is, thus, a valuable resource for parents so that they can understand what guidelines, laws and standards the Referee or Judge will use when making decisions about your case. Of course, the Washtenaw Family Court is applying Michigan law when making its decisions. This benchbook will explain the laws and the court process to be followed in your case. An index to the benchbook is found at this link:   Click here: Family Benchbook-Table of Contents. 

You will be able to read all about the following topics in the Benchbook. Many of these will apply to your case: Attorney Fees, Best Interests of Minor Child, Consent Judgments of Divorce - Requirements, Discovery, Emergencies, Mediation - Failure to Attend Mandatory Sessions, Minor Children - Change of Domicile from State of Michigan, Minor Children - Consent Order Appointing Parenting Facilitator, Minor Children - Custody, Motion Practice, Order Entry, Personal Protection Orders, Property Division, Referee Hearings, Spouse - Removal from Marital Dwelling, Spouse - Support, Verified Personal Statement.

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Neglect, Abuse, Delinquency, Child Protection, and Adoption

Reporting Child Abuse

Clients often ask me about child abuse and neglect. What is it? How and when does one report it? What is a protective services investigation like? Here is some detailed information for you.

1) What is Child Abuse and Neglect?

2) The Child Protection Act

3) Child Abuse & Neglect -- Potential Indicators that a Protective Services Referral Should Be Made

4) How to Make a Referral to Protective Services

5) Who Must Make a Report to Child Protective Services: Mandated Reporters

6) Mandated Reporters' Handbook

7) Form 3200 - Making a Protective Services Report

8) Child Protective Services Contact Numbers

9) What is the Role of a Protective Services Worker?

10) How Long Does an Investigation Take?

11) How is a Child Interviewed?

12) When is Protective Services Obligated to File a Petition to Terminate Parental Rights?

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State-wide CHILD PROTECTIVE SERVICES EMERGENCY CONTACT

If you suspect abuse or neglect, call 855-444-3911 any time day or night. This toll-free phone number allows you to report abuse or neglect of any child or adult to the Michigan Department of Human Services.

One number. One call. One person can make a difference.

Child Protective Proceedings Benchbook (Revised Edition 2006)

This book is available in PDF format for viewing on the internet or for downloading at the Michigan Supreme Court's website.  The Child Protective Proceedings Benchbook: A Guide to Abuse & Neglect Cases, revised in 2006, is an update of the Michigan Judicial Institute's 1999 publication. The benchbook contains discussion of recent developments in this area, including the federal Adoption & Safe Families Act, new Subchapter 3.900 of the Michigan Court Rules, and case law. Included in appendixes are the Absent Parent Protocol, an excerpt from the Lawyer Guardian ad Litem Protocol, and information on complying with the Indian Child Welfare Act.

An invaluable tool for lawyers handling child neglect cases, the benchbook contains information on the following topics:

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This book in available in PDF format for viewing, printing and/or downloading at the Michigan Supreme Court's website. It is a complete reference tool, and contains detailed discussions of the following types of proceedings involving juveniles:

In addition to the law and procedure applicable to these proceedings, this benchbook contains discussion of the costs of juvenile proceedings, appeals, and recordkeeping requirements.

An excellent article explaining how and why the court can obtain jurisdiction over a child because of the neglect or abuse of only one parent is "But I Didn't Do Anything Wrong: Revisiting the Rights of Non-Offending Parents in Child Protection Proceedings" by Vivek Sankaran, a visiting assistant clinical professor at the University of Michigan Law School. This was published in the Michigan Bar Journal in March 2006. 

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Michigan Guardian ad Litem Handbook

This handbook explains the duties of a Guardian ad Litem. In neglect and abuse cases, in delinquency cases, and sometimes in hotly contested custody cases, the Family Court will appoint a lawyer to act as a Guardian ad Litem (sometimes called GAL) or the child.

Adoption Proceedings Benchbook

The Adoption Proceedings Benchbook is a complete reference tool. It contains detailed discussions of the law and procedure involved in adoption proceedings. The benchbook contains numerous checklists and forms.

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Struggling Teens

Easily available consultants Help for troubled teens, boarding Schools for troubled teens. We offer both wilderness training and academic training for troubled teens

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Domestic Violence

There are several reference materials used by judges, prosecuting attorneys, advocates, attorneys and -- perhaps you and your spouse -- that relate to domestic violence. These are available on the Internet as PDF files that you can read, print and/or download and save to your hard drive.

Michigan Domestic Violence Benchbook

This invaluable reference explains all the laws, procedures, and standards. The benchbook contains approximately 678 pages and the 3rd edition was copyrighted in 2004. It is available in PDF format for viewing or downloading. The Index may be accessed at this link. Click here: Domestic Violence Benchbook.     The Benchbook deals with the following topics: Chap. 1: Understanding Domestic Abuse; Chap. 2: Community Domestic Violence Resources; Chap. 3: Common "Domestic Violence Crimes"; Chap 4: Promoting Safety in Criminal Proceedings; Chap. 5: Evidence in Domestic Violence Cases; Chap. 6: Issuing Personal Protection Orders - Statutory Overview; Chap. 7: Practical Considerations for Issuing Personal Protection Orders; Chap. 8: Enforcing Personal Protection Orders; Chap. 9: Statutory Firearms Restrictions in Domestic Violence Cases; Chap. 10: Case Management for Safety in Domestic Relations Cases; Chap. 11: Support; Chap. 12: Domestic Violence and Access to Children; Chap. 13: Custody Proceedings Involving Multiple Jurisdictions; Appendix A: Domestic Violence Agencies; Appendix B: Partial List of Culturally Specific Resources for Survivors of Domestic Violence and Sexual Assault; Appendix C: Batterer Intervention Standards for the State of Michigan; Appendix D: Domestic Violence and Child Abuse/Neglect Screening for Domestic Relations Mediation

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AMERICAN BAR ASSOCIATION RESOURCES

Handbook: A handbook to assist lawyers identifying and helping clients who are domestic violence victims

Tips for devising a Safety Plan: Domestic violence victims are most at risk for serious injury or death when they try to leave the abuser. The ABA has an excellent resource to help lawyers help clients figure out safety plans for exit.

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Michigan Coalition Against Domestic and Sexual Assault

Michigan Domestic Violence and Sexual Assault Organizations Comprehensive Service Providers Referral List

A resource for lawyers and clients alike, for counseling and safety planning services. Don't forget: the most dangerous time for an abused person is when he or she is trying to leave the relationship with the abuser.

Personal Protection Orders

The Michigan Supreme Court has information regarding Personal Protection Orders, which can be used as an educational and information tool during the court process. The following PDF files, provided by the Court and the Michigan Judicial Institute, provide a detailed description of PPOs, the process to obtain one, and the ramifications of this legal document.

  Issuing PPOs: A Statutory Overview

  Issuing PPOs: Practical Considerations for Issuing PPOs

  Issuing PPOs: Enforcing PPOS

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Domestic Violence Resources and Shelters in Michigan

There are many resources in Michigan whose goal is to create violence-free homes and communities by eliminating domestic violence, sexual assault and child abuse through treatment and prevention services. They provide counseling, advocacy, shelter, treatment and prevention services. All services are confidential.

Oakland County:             HAVEN (Help Against Violent Encounters Now) and Oakland County Coordinating Council Against Domestic Violence

Lansing and East Lansing:  MSU Safe Place 

Complete Listing of Shelters in Michigan

A complete list of shelters in Michigan published by the Angels in Blue - Law Enforcement Group: AIB: Domestic Violence - State Resources - Michigan

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Miscellaneous Links

  Domestic Violence Handbook: The Domestic Violence Handbook, published by the Oakland County Coordinating Council Against Domestic Violence, reaffirms its mission statement that "domestic violence should never happen to anyone," but when it does, there are people and resources that can be of help.

Family Law Advisor Articles: These provide information on all aspects of family law, especially domestic violence, and give local attorney referrals.

                           Publications from the National Center of Domestic and Sexual Violence

“Wheels” Adapted from the Power and Control Wheel Model [developed by the Domestic Abuse Intervention Project, Duluth, MN.

POWER AND CONTROL WHEEL, developed by the Domestic Abuse Intervention Project, Duluth, MN

Michigan Crime Victims: Provides victim's services, support and healing for victims of all types of violence, including domestic abuse and sexual assault.

Women's Law Initiative  is a nationwide, online resource for women and girls living with or escaping domestic violence. Click here: Womenslaw.org

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FAMILY ABDUCTION

There are many good sources of information available on the Internet to help custodial parents deal with abduction of children by the non-custodial parent. In Michigan, the parental kidnapping statute states that if a parent keeps the child from the other parent more than 24 hours after the child was supposed to be returned, then that is parental kidnapping, which is a felony bearing up to 1 year and a day sentence in prison. See the following resources that will help families and their lawyers understand the laws and resources available to them:

The United States Department of State has a Children's Passport Alert System that parents can use to prevent issuance of a passport for minor children who are the subject of custody disputes. The details can be found on the Department's website. Unfortunately, there is no subsequent tracking system available. Once the passport has been issued, the Department will not be able to prevent its use in removing a child from the United States.

Thus, parents need to know how to prevent a family abduction and also what procedures to follow if an abduction has taken place. There are many resources below to assist parents.

  When Your Child is Missing: A Family Survival Guide: Published by the Office of Juvenile Justice and Delinquency Prevention, this guide was written by parents and family members who have experienced the disappearance of a child. It contains their combined advice concerning what you can expect when your child is missing, what you can do, and where you can go for help. It explains the role that various agencies and organizations play in the search for your missing child and discusses some of the important issues that you and your family need to consider.

  Just in Case...Family Separation: Checklist of what to do if your child is missing: From the website of the National Center for Missing and Exploited Children, this article tells parents just exactly what to do.

  A Family Resource Guide on International Parental Kidnapping: This is a new, revised edition of a valuable resource for parents. Also published by the Office of Juvenile Justice and Delinquency Prevention, this guide was written by parents and family members who have experienced the disappearance of a child. The guide provides practical, detailed advice about preventing international kidnapping and increasing the chances that children who have been kidnapped or otherwise wrongfully retained will be returned. The publication also offers descriptions and realistic assessments of the civil and criminal remedies available in international parental kidnapping cases, explains applicable laws and identifies both the public and private resources that may be called upon when an international abduction occurs or is threatened, and prepares parents for the legal and emotional difficulties they may experience.

State Laws - Family Abductions: Here's a chart from the website of the National Center for Missing and Exploited Children that cites the laws of every state that apply to parental abduction.

Sometimes a non-custodial parent abducts a child and takes the child to another country, refusing return to the custodial parent. Many countries are signatories to The Hague Convention, an international compact that helps custodial parents recover children who are abducted and held in foreign countries. A valuable resource, a practitioner's guide to litigating Hague Convention cases,  has been created and is made available to the public and to practicing attorneys by the International Missing Children’s Division of the National Center for Missing & Exploited Children. The manual, “Litigating International Child Abduction Cases Under the Hague Convention,” was prepared by the law firm of Kilpatrick Stockton LLP and is a valuable resource for all attorneys litigating Hague Convention cases in U.S. federal or state courts. The manual provides guidelines and relevant case law relating to litigating a Hague Convention case for the return of or access to a child. Other valuable Hague Convention resources are available online at www.missingkids.com.

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Military Families

The military has taken a zero tolerance position on the issue of domestic violence. See, in general, the National Center on Domestic and Sexual Violence. Department of Defense and Military Services Domestic Violence Contacts.

Resources for Military Families -- Family Advocacy Program for Navy families with domestic violence issues. For more information, click here. If you need immediate assistance, contact MaryAnn at 847-688-3603 ext. 133, or Janis Brown at 847-688-3603 ext. 123.

Family Advocacy Programs for U.S. Army families can be accessed at this website. USAREC Family Advocacy Program. See also Spouse Abuse Manual. U.S. Army Family Advocacy Program. Includes information on case management, assessment, treatment, and follow-up.

Family Advocacy Programs for U.S. Air Force families can be accessed at this website. Air Force Fapnet

Military Protective Orders. Military Family Resource Center. Provides an explanation of who may issue a military protective order, as well as the provisions included in this order. See also this website.

MILITARY POWER AND CONTROL WHEEL, adapted from the Power and Control Wheel developed by the Domestic Abuse Intervention Project, Duluth, MN

See also this article: What Resources are Available to Help Military Families with Domestic Abuse Issues?

Department of Defense and Military Services Domestic Violence Contacts: Valuable links to other organizations and websites of interest to military families provided by the National Center on Domestic and Sexual Violence.

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  Servicemember's Civil Relief Act: An online judge's guide to the Act from the American Bar Association's Family Law Section. This is a good resource for anyone involved in a military divorce.  Information on Child Support Enforcement: The Family Center on the nearest military installation will be able to assist you in contacting the Legal Office. To locate the nearest Family Center, search the Program Directory

If there is an existing child support order and the parent is an active duty member:
Contact Defense Finance and Accounting Service (DFAS), Garnishment Office at 216-522-5301; OR
Contact the Office of Child Support Enforcement (DHHS) (external)

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To locate military legal assistance:

Information about military legal assistance is found on the following Web sites:

Army Legal Assistance

Navy and Marine Legal Assistance

Joint Services Legal Assistance Office (Pentagon)

Information on the benefits available to former spouses of military members and the Former Spouse Protection Act:

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Paternity Issues

Father's Rights: What Are the rights of a biological father have when the mother wants to give the child up for adoption? Read this article .

             DNA IN PARENTAGE TESTING

How DNA parentage testing is done, how the outcome is reported (The Paternity Index; the Probability of Paternity) and what the test results mean.

            DNA Testing

            FAQ:   Frequently Asked Questions about DNA Paternity Testing

            FAQ

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