WHAT HAPPENS TO MANISTEE PARENT WHO Voluntarily Relinquished Custody
Even if a custodial parent temporarily relinquishes custody, all the circumstances must be reviewed in determining if a new custodial relationship has been established. Public policy encourages parents experiencing difficulties to transfer custody temporarily while they resolve their problems. However, a mother who gave temporary physical custody to the paternal grandparents during her divorce was later required to show by a preponderance of the evidence that returning custody to her was in the child’s best interests. Straub v Straub, 209 Mich App 77, 530 NW2d 125 (1995) (best interests factors were equal between parties, but fact that all parties had agreed that voluntary relinquishment was temporary tipped scales in favor of mother). see http://www.attorneybankert.com
In Theroux v Doerr, 137 Mich App 147, 357 NW2d 327 (1984), no custodial environment was created when the custodial parent agreed to place the children with the father for nine months after he objected to her taking the children out of state for nine months. It is in the children’s best interests to encourage a parent to relinquish custody temporarily when he or she feels unable to provide for the children.
In contrast, a mother’s established custodial environment was successfully challenged in Hall v Hall, 156 Mich App 286, 401 NW2d 353 (1986), where the mother voluntarily relinquished physical custody of the child to her parents. The father sought and was awarded temporary custody, and petitioned for permanent custody. The court found that there was no longer an established custodial environment with the mother, where the father had provided a stable environment for 17 months. see http://www.dumpmyspouse.com
In Sedlar v Sedlar, 165 Mich App 71, 419 NW2d 18 (1987), a mother who relinquished custody was unsuccessful in challenging the father’s custodial environment. It was not persuasive that the mother thought the order was temporary, especially when that was not stated in the custody order.
Permanent custody was granted to the father in Moser v Moser, 130 Mich App 97, 343 NW2d 246 (1983), even though the mother claimed they had a verbal agreement that the father would return custody to her once she was financially ready. The court of appeals stated that it did not matter how the father had established the custodial environment, as long as he had.
If you have financial problems see http://www.beingbrokenojoke.com
Thursday, April 21, 2011
Thursday, April 1, 2010
If the Divorce were in Manistee!
COULD SANDRA BULLOCK SEEK GUARDIANSHIP AND THEN CUSTODY OF THE CHILD OF JESSE JAMES. ?
Jesse James Once Again In Child Custody Battle With Ex-Wife[1]Manistee Divorce Attorney Terry Bankert comments on the Family Law applicable if Jesse James Custody case was in Michigan.
CHILD CUSTODYThe Press released recently, Motorcycle builder Jesse James is once again in fights with ex-wife Janine Lindermulder over their child . James is now married to Sandra Bullock as of July 2005, but the fight over custody with his ex-wife returns in light of the now alleged scandal.[1]Jesse James has Custody of his daughter.In Michigan and Manistee Divorce Courts the Child Custody Act demands an assessment of the ability of individual parents to care for their children. The act standardizes the criteria for the best interests of the child and creates a comprehensive framework for decisions regarding child custody. Wealton v Wealton, 120 Mich App 406, 327 NW2d 493 (1982).
CHANGE IN CHILD CUSTODYThe porn star ex-wife of Sandra Bullock's hubby has reportedly decided to take him to court to get custody of their daughter. [2]In Michigan and Manistee Divorce Court a child custody order is never unchangeable. The Child Custody Act allows a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. MCL 722.27(1)(c).There is a lot of proper cause here.
DAD HAS CUSTODY OF DAUGHTERJames currently has full custody of Sunny since Lindermulder lives in a halfway house after being found guilty of tax evasion, TMZ reported.[2]Sources told the celebrity site that Lindermulder knew she didn't stand a chance of gaining even partial custody from James…[2] In Michigan and Manistee Divorce Court the court must consider three issues before modifying a custody order: (1)Has the petitioner carried the initial burden of establishing either “proper cause shown” or a “change of circumstances”? (2) Is there an established custodial environment? and (3) Is the modification in the best interests of the child?The requirement to find a change of circumstance or proper cause and not changing an established custodial environment without clear and convincing evidence—are intended to “erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders
NON CUSTODIAL EX PORN STAR MOM IS IN HALF WAY HOUSE AFTER PRISON.Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]If this were a Manistee Divorce Court cause the burden will be on Lindermulder to show a change in circumstances.The Manistee Divorce Courts first issue will be to considered whether the biological mother has shown the requisite “proper cause” or “change of circumstances” directed by MCL 722.27(1)(c). Vodvarka v Grasmeyer, 259 Mich App 499, 675 NW2d 847 (2003). The existence of proper cause or a change of circumstances is a threshold matter in any consideration of a change to a prior custody order. The biological mother here has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists before the trial court can consider whether an established custodial environment exists (thus establishing the burden of proof) and conduct a review of the best interests factors. Id. at 509.
MOM ADMITS SHE CANNOT PROVIDE STABILIZING ENVIRONMENTLindermulder previously believed, say sources, that she would have a difficult time getting even partial custody of Sunny because Bullock was considered "a stabilizing family influence." [1]A Michgian Manistee Divorce Court must follow the Michigan Child Custody Act which contains a strong policy statement that “the best interests of the child” must be the court’s controlling guide in custody disputes. MCL 722.25. MCL 722.23 defines the “best interests of the child” . Stability is directly addressed in section (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
IS DAD CURRENT MARITAL ISSUES ENOUGH TO CHANGE CUSTODY?Now, sources state, in light of the scandal, Lindermulder hopes she has a better chance of getting her daughter back.[1]GREAT STEP MOTHERBefore the scandal broke, Bullock had stated her joy in helping to raise Sunny, even having helped James get custody of the girl.[1]
MOTHERHOODIn her Oscar acceptance speech for The Blind Side, Bullock said, "I would like to thank what this film is about for me, which are the mom’s that take care of the babies and the children no matter where they come from. Those moms and parents never get thanked."
CAN ESTRANGED WIFE AND STEP MOTHER GET CUSTODY?However, Bullock isn't through with her stepdaughter Sunny, Bradley said. US has reported that she's looking to get custody of the 6-year-old girl, Bradley said. [3]Jacobs said on "The Early Show," "Think about it, Sandra's been married to Jesse for five years and they have raised this girl together. Her mother, her biological mother, is in a halfway house, she was a former porn star, she's an admitted drug addict. [3]So basically Sandra has been this girl's mother. [3]Now she wants to divorce Jesse, but she still wants to raise Sunny.[3]It's an interesting legal question, because Sandra, of course, is not the biological (mother) or (has any) legal claims to this girl. But she basically is her mother." [3]Bullock's representatives have denied the star is seeking custody. [3]
IF THIS WAS A MICHIGAN CASE SANDRA BULLOCK COULD SEEK GUARDIANSHIPJames is currently in a rehabilitation facility for sex and drug addiction, according to Radar Online and US Weekly. [3]Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]In Michigan and Manistee a minor guardianship is a mechanism to give a person other than a custodial parent power to make decisions on behalf of a minor. A custodial parent may join the armed forces, enter drug treatment, be sent to prison, be too young to handle parenting responsibilities, or simply disappear. If the child is left with a person without legal authority a guardianship may be sought.A full guardianship could be found in a Michigan court if it were the proper jurisdiction,which it is not, based on the following.The parent or parents have permitted the minor to reside with another person and have not provided that person with legal authority for the care and maintenance of the minor. MCL 700.5204(2)(b). These circumstances must exist at the time the petition is filed.
AFTER STEP MOM GETS GUARDIANSHIP SHE CAN SEEK CUSTODY.A guardian or limited guardian of a child can bring an action for custody of the child. MCL 722.26b; see also Walterhouse v Ackley, 459 Mich 924, 589 NW2d 780 (1998) (statutory provision that gives limited guardians standing to seek custody may be applied to guardianships in place before statute’s 1990 effective date). MCL 722.26b.
Posted here byTerry Bankert
http://www.attorneybankert.com/
See.[1]http://tmdcelebritynews.com/headlines-jesse-james-once-again-in-child-custody-battle-with-ex-wife/05194[2]http://www.nypost.com/p/news/national/bullock_hubby_in_renewed_child_custody_FrIVidsBvn8TdJjBnE3jKK[3]http://www.cbsnews.com/stories/2010/03/31/earlyshow/leisure/celebspot/main6350168.shtml
Jesse James Once Again In Child Custody Battle With Ex-Wife[1]Manistee Divorce Attorney Terry Bankert comments on the Family Law applicable if Jesse James Custody case was in Michigan.
CHILD CUSTODYThe Press released recently, Motorcycle builder Jesse James is once again in fights with ex-wife Janine Lindermulder over their child . James is now married to Sandra Bullock as of July 2005, but the fight over custody with his ex-wife returns in light of the now alleged scandal.[1]Jesse James has Custody of his daughter.In Michigan and Manistee Divorce Courts the Child Custody Act demands an assessment of the ability of individual parents to care for their children. The act standardizes the criteria for the best interests of the child and creates a comprehensive framework for decisions regarding child custody. Wealton v Wealton, 120 Mich App 406, 327 NW2d 493 (1982).
CHANGE IN CHILD CUSTODYThe porn star ex-wife of Sandra Bullock's hubby has reportedly decided to take him to court to get custody of their daughter. [2]In Michigan and Manistee Divorce Court a child custody order is never unchangeable. The Child Custody Act allows a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. MCL 722.27(1)(c).There is a lot of proper cause here.
DAD HAS CUSTODY OF DAUGHTERJames currently has full custody of Sunny since Lindermulder lives in a halfway house after being found guilty of tax evasion, TMZ reported.[2]Sources told the celebrity site that Lindermulder knew she didn't stand a chance of gaining even partial custody from James…[2] In Michigan and Manistee Divorce Court the court must consider three issues before modifying a custody order: (1)Has the petitioner carried the initial burden of establishing either “proper cause shown” or a “change of circumstances”? (2) Is there an established custodial environment? and (3) Is the modification in the best interests of the child?The requirement to find a change of circumstance or proper cause and not changing an established custodial environment without clear and convincing evidence—are intended to “erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders
NON CUSTODIAL EX PORN STAR MOM IS IN HALF WAY HOUSE AFTER PRISON.Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]If this were a Manistee Divorce Court cause the burden will be on Lindermulder to show a change in circumstances.The Manistee Divorce Courts first issue will be to considered whether the biological mother has shown the requisite “proper cause” or “change of circumstances” directed by MCL 722.27(1)(c). Vodvarka v Grasmeyer, 259 Mich App 499, 675 NW2d 847 (2003). The existence of proper cause or a change of circumstances is a threshold matter in any consideration of a change to a prior custody order. The biological mother here has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists before the trial court can consider whether an established custodial environment exists (thus establishing the burden of proof) and conduct a review of the best interests factors. Id. at 509.
MOM ADMITS SHE CANNOT PROVIDE STABILIZING ENVIRONMENTLindermulder previously believed, say sources, that she would have a difficult time getting even partial custody of Sunny because Bullock was considered "a stabilizing family influence." [1]A Michgian Manistee Divorce Court must follow the Michigan Child Custody Act which contains a strong policy statement that “the best interests of the child” must be the court’s controlling guide in custody disputes. MCL 722.25. MCL 722.23 defines the “best interests of the child” . Stability is directly addressed in section (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
IS DAD CURRENT MARITAL ISSUES ENOUGH TO CHANGE CUSTODY?Now, sources state, in light of the scandal, Lindermulder hopes she has a better chance of getting her daughter back.[1]GREAT STEP MOTHERBefore the scandal broke, Bullock had stated her joy in helping to raise Sunny, even having helped James get custody of the girl.[1]
MOTHERHOODIn her Oscar acceptance speech for The Blind Side, Bullock said, "I would like to thank what this film is about for me, which are the mom’s that take care of the babies and the children no matter where they come from. Those moms and parents never get thanked."
CAN ESTRANGED WIFE AND STEP MOTHER GET CUSTODY?However, Bullock isn't through with her stepdaughter Sunny, Bradley said. US has reported that she's looking to get custody of the 6-year-old girl, Bradley said. [3]Jacobs said on "The Early Show," "Think about it, Sandra's been married to Jesse for five years and they have raised this girl together. Her mother, her biological mother, is in a halfway house, she was a former porn star, she's an admitted drug addict. [3]So basically Sandra has been this girl's mother. [3]Now she wants to divorce Jesse, but she still wants to raise Sunny.[3]It's an interesting legal question, because Sandra, of course, is not the biological (mother) or (has any) legal claims to this girl. But she basically is her mother." [3]Bullock's representatives have denied the star is seeking custody. [3]
IF THIS WAS A MICHIGAN CASE SANDRA BULLOCK COULD SEEK GUARDIANSHIPJames is currently in a rehabilitation facility for sex and drug addiction, according to Radar Online and US Weekly. [3]Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]In Michigan and Manistee a minor guardianship is a mechanism to give a person other than a custodial parent power to make decisions on behalf of a minor. A custodial parent may join the armed forces, enter drug treatment, be sent to prison, be too young to handle parenting responsibilities, or simply disappear. If the child is left with a person without legal authority a guardianship may be sought.A full guardianship could be found in a Michigan court if it were the proper jurisdiction,which it is not, based on the following.The parent or parents have permitted the minor to reside with another person and have not provided that person with legal authority for the care and maintenance of the minor. MCL 700.5204(2)(b). These circumstances must exist at the time the petition is filed.
AFTER STEP MOM GETS GUARDIANSHIP SHE CAN SEEK CUSTODY.A guardian or limited guardian of a child can bring an action for custody of the child. MCL 722.26b; see also Walterhouse v Ackley, 459 Mich 924, 589 NW2d 780 (1998) (statutory provision that gives limited guardians standing to seek custody may be applied to guardianships in place before statute’s 1990 effective date). MCL 722.26b.
Posted here byTerry Bankert
http://www.attorneybankert.com/
See.[1]http://tmdcelebritynews.com/headlines-jesse-james-once-again-in-child-custody-battle-with-ex-wife/05194[2]http://www.nypost.com/p/news/national/bullock_hubby_in_renewed_child_custody_FrIVidsBvn8TdJjBnE3jKK[3]http://www.cbsnews.com/stories/2010/03/31/earlyshow/leisure/celebspot/main6350168.shtml
Tuesday, October 14, 2008
Manistee Temporary restraining order, divorce
Manistee County :DIVORCE TEMPORARY RESTRAINING ORDER
What is a temporary restraining order from a Manistee County County Family Court?
Requirements for a Manistee County Divorce Attorney seeking and the court granting a temporary restraining order (TRO): Manistee County Fathers Rights , Childrens Rights and Manistee County Mothers Rights equally apply.
It clearly appears from specific facts, as Prepared by a Manistee County Divorce Lawyer, shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.
The applicant’s Manistee County Attorney certifies in writing any efforts to give notice and why notice should not be required.
A permanent record , By A Manistee County Family Court Judge, is made of non written evidence, arguments, or representations supporting the application. A record is what is done in front of a Manistee County Family Court Judge after the case is called. The record is produced by ordering transcripts.
The order, prepared by your Manistee County Divorce attorney, must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.
Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.
Motions for Temporary Orders as prepared by your Manistee County Divorce Lawyer outline follows;
A Manistee County Lawyer will prepare your Motions for temporary orders . Manistee County attorney pleadings typically concern Manistee County child custody and Manistee County support, Manistee County parenting time adjustments, marital restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Manistee County attorney fees.
A Manistee County Lawyer’ s motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. MCR 3.207©)(2).
The motion may be made , by your Manistee County Legal Counsel, at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested. MCR 3.207©)(1).
Other provisions regarding the Manistee County Divorce temporary order include the following:
The Manistee County Divorce order may be modified at any time, following a hearing and on a showing of good cause.
The Manistee County Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.
The Manistee County Divorce order remains in effect until modified or until entry of the final judgment or order.
The Manistee County Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearage that have been assigned to the state.
MCR 3.207©)(3)–(6).
Your Manistee County Judge may not grant exclusive use of the marital home to one party in the absence of evidence of abusive conduct, a risk of physical harm, or conduct detrimental psychologically or emotionally to the children. That the petitioner is "uncomfortable" with the living arrangement probably does not justify depriving the other party of a residence.
At any time, a Manistee County Divorce party may request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a Manistee County post judgment proceeding. The motion must allege facts sufficient to show that the petitioner is unable to bear the expense and that the other party is able to pay. Alternatively, the motion must allege facts sufficient to show that the fees and expenses were incurred because the other party was able to comply with a previous court order but refused. MCR 3.206©).
Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com
What is a temporary restraining order from a Manistee County County Family Court?
Requirements for a Manistee County Divorce Attorney seeking and the court granting a temporary restraining order (TRO): Manistee County Fathers Rights , Childrens Rights and Manistee County Mothers Rights equally apply.
It clearly appears from specific facts, as Prepared by a Manistee County Divorce Lawyer, shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.
The applicant’s Manistee County Attorney certifies in writing any efforts to give notice and why notice should not be required.
A permanent record , By A Manistee County Family Court Judge, is made of non written evidence, arguments, or representations supporting the application. A record is what is done in front of a Manistee County Family Court Judge after the case is called. The record is produced by ordering transcripts.
The order, prepared by your Manistee County Divorce attorney, must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.
Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.
Motions for Temporary Orders as prepared by your Manistee County Divorce Lawyer outline follows;
A Manistee County Lawyer will prepare your Motions for temporary orders . Manistee County attorney pleadings typically concern Manistee County child custody and Manistee County support, Manistee County parenting time adjustments, marital restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Manistee County attorney fees.
A Manistee County Lawyer’ s motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. MCR 3.207©)(2).
The motion may be made , by your Manistee County Legal Counsel, at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested. MCR 3.207©)(1).
Other provisions regarding the Manistee County Divorce temporary order include the following:
The Manistee County Divorce order may be modified at any time, following a hearing and on a showing of good cause.
The Manistee County Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.
The Manistee County Divorce order remains in effect until modified or until entry of the final judgment or order.
The Manistee County Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearage that have been assigned to the state.
MCR 3.207©)(3)–(6).
Your Manistee County Judge may not grant exclusive use of the marital home to one party in the absence of evidence of abusive conduct, a risk of physical harm, or conduct detrimental psychologically or emotionally to the children. That the petitioner is "uncomfortable" with the living arrangement probably does not justify depriving the other party of a residence.
At any time, a Manistee County Divorce party may request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a Manistee County post judgment proceeding. The motion must allege facts sufficient to show that the petitioner is unable to bear the expense and that the other party is able to pay. Alternatively, the motion must allege facts sufficient to show that the fees and expenses were incurred because the other party was able to comply with a previous court order but refused. MCR 3.206©).
Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com
Monday, October 13, 2008
No Fault divorce Manistee Michigan
What is a no-fault divorce?
In Manistee County A no-fault divorce is one in which neither spouse (husband or wife) blames the other in court documents for the breakdown of the marriage. You should consult an attorney / lawyer for your divorce. To find an attorney contact dumpmyspouse , or attorneybankert ( Terry Bankert). Just google these names. Your Manistee Attorney will tell you no accusations or need to prove "guilt" or cause of the breakdown are required. Your Manistee Lawyer will tell you A common basis for a no-fault divorce is "irreconcilable differences" or "irretrievable marriage breakdown." In a simple divorce or a contested one ,As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. You may have a legal separation or an informal one. Your Manistee Michigan Divorce Attorney will advise: Another common basis for no-fault divorce is the parties living separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent. Fault can be used to decide who get what property.
In Manistee County A no-fault divorce is one in which neither spouse (husband or wife) blames the other in court documents for the breakdown of the marriage. You should consult an attorney / lawyer for your divorce. To find an attorney contact dumpmyspouse , or attorneybankert ( Terry Bankert). Just google these names. Your Manistee Attorney will tell you no accusations or need to prove "guilt" or cause of the breakdown are required. Your Manistee Lawyer will tell you A common basis for a no-fault divorce is "irreconcilable differences" or "irretrievable marriage breakdown." In a simple divorce or a contested one ,As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. You may have a legal separation or an informal one. Your Manistee Michigan Divorce Attorney will advise: Another common basis for no-fault divorce is the parties living separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent. Fault can be used to decide who get what property.
Sunday, September 28, 2008
Manistee County
Manistee
http://www.allianceforeconomicsuccess.com/
415 Third StManistee, MI 49660(231) 723-2146
Area: 544 smEst: 1855Pop: 24,527Pop/sm: 45.1Seat: Manistee
http://www.allianceforeconomicsuccess.com/
415 Third StManistee, MI 49660(231) 723-2146
Area: 544 smEst: 1855Pop: 24,527Pop/sm: 45.1Seat: Manistee
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