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Posts Tagged ‘custody’

How Joint Custody Works in Michigan

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In today’s society, the majority of families have shifted from the “traditional” man goes to work and woman stays home to dual-income households. When these “modern” couples file for divorce, it’s only natural to expect that the ways and means surrounding child custody have changed with the times as well. Enter: joint custody.

Divorcing couples have made a push for joint custody rather than agreeing to one party having sole physical custody and the other having reasonable parenting time. There are caveats, however, to every arrangement. Jacob Femminineo, a lawyer in Macomb County, Michigan, explains in this video what joint custody really means, what’s involved in determining joint custody, and how parents can get creative about making their new family units work.

What Are Motions in the Michigan Divorce Process?

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Motions can be brought before the court to deal with any and all issues surrounding a divorce, from child custody to child support, parenting time to bill payment. Essentially, if two parties can’t come to an agreement on a major issue, they can file a motion asking the court to decide for them. This can happen during the divorce process and after the divorce has been finalized.

In this video, divorce attorney Jacob Femminineo talks about the jurisdiction of the judge in a divorce case and why this is important to understand when it comes to motions. He also spends some time on what happens with motions specifically in Macomb County.

Fast fact: Motions are the busiest days in court. Watch this video to find out the best days to file your motion in Macomb County, Oakland County, or Wayne County.

How to Split Parenting Time in a Michigan Divorce

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In a divorce case involving child custody, what was once referred to as “visitation” is now called “parenting time.” Michigan divorce law defines “standard” custody to be when one party has sole physical custody of the child (or children) and the other party – known as the non-custodial parent – has reasonable parenting time to spend with their child. In other words, the parent without sole custody gets to see their kids on weekends, holidays, and in the summer.

This weekend-holiday-summer arrangement isn’t set in stone though. Jacob Femminineo gets into the specifics of parenting time in this video and describes the many, many ways that parenting time can be divided between divorced parents. Naturally, the goal is to consider what is in the best interest of the child – but there is a way to get to a “magic number” so that both parents can get equal quality parenting time with their kids.

The Differences Between Physical Custody and Legal Custody in Michigan

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Custody issues in a divorce case can easily become controversial and complicate the divorce process. While there are a variety of elements concerning custody, in this video Michigan lawyer Jacob Femminineo delves more deeply into two aspects of the matter: physical custody and legal custody.

Physical custody is, simply enough, where the child lives. Whether the child ultimately resides with the mother or father or is split between both parents’ homes will be decided during the divorce process. Typically, there is usually one parent who has sole physical custody.

The concept of legal custody is more involved. This type of custody takes into account all the major decisions regarding the child such as care, education, religion, and health. Michigan divorce cases involving children almost always end with joint legal custody. Watch this video to find out why, to get specific examples of situations involving legal custody, and to find out what circumstances will have a judge getting involved.

We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.

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The information presented within this website is for general information purposes and is NOT and should not be considered as being "legal advice". You should not act on any information presented herein without the verifying same with your attorney.

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