Gormley Law Offices, PLCLivingston County MI Divorce Lawyer | Family Law Attorney2024-03-07T23:28:42Zhttps://www.gormleylawoffices.com/feed/atom/WordPress/wp-content/uploads/sites/1201316/2022/09/cropped-f-icon-32x32.jpgOn Behalf of Gormley Law Offices, PLChttps://www.gormleylawoffices.com/?p=498912024-03-07T23:28:42Z2024-03-07T23:28:42ZWhat is birdnesting?
Birdnesting is often temporary but can be a long-term way for parents to take the inherent changes that come with divorce at a slower pace. It involves keeping the family home as a permanent place for kids to live full-time while parents stay in the family home to care for their children during their parenting time. Then, when it’s not a parent’s turn to physically care for their kids, they live in a separate residence. This separate living space could be within the home if it is large enough, with a friend or family member willing to offer support or in a new apartment or home of their own.
What are the benefits of birdnesting?
At its core, birdnesting provides consistency in a child’s life. Their routines may change based on the parent caring for them, but their environment, school, sleep schedule and so much more can remain intact. It can also take a load off of parents unfamiliar with custody exchanges as it eliminates the need to pack up their child’s belongings week-to-week and schedule a drop-off time that works for both parents.
What are the downsides of birdnesting?
While it may seem like a good option on paper, birdnesting could also present challenges. It can make starting fresh difficult if parents exist within the same walls they lived in during a failed marriage. Beginning to date again may be awkward while still sharing living quarters with an ex-partner. Maintaining two households can also be expensive, depending on an individual’s financial situation.
It’s best to amicably lay out all custody and care options with your co-parent and go from there. Guidance from a legal professional can also help you reach a solution that makes the most sense for you and your little ones.]]>On Behalf of Gormley Law Offices, PLChttps://www.gormleylawoffices.com/?p=498712024-02-07T13:22:20Z2024-02-07T13:22:20ZDefinition of an unfit parent
In Michigan, an unfit parent is generally defined as someone who fails to provide proper care and guidance for their child. This state potentially endangers the child's physical or emotional health. Courts meticulously examine evidence and circumstances to ensure that any determination of unfitness is based on clear, compelling evidence of harm or risk to the child.
Factors considered in evaluating parental fitness
Michigan courts consider several factors when evaluating whether a parent is unfit. These factors include the parent's history of violence, abuse or neglect toward the child or other family members. Other factors considered include:
Chronic substance abuse that impairs parenting ability
Mental health issues that pose a risk to the child
Failure to provide adequate food, clothing, shelter or medical care.
Additionally, the court examines the parent's involvement in the child's life, including their efforts to maintain a relationship with the child and their willingness to make decisions in the best interest of the child's welfare.
Legal process and parental rights
The legal process for determining parental fitness involves thoroughly examining evidence presented by both parties in a custody dispute. Parents accused of being unfit have the right to defend themselves against these allegations, and the court considers all relevant information before making a decision. Any parent who’s facing an accusation of being unfit should ensure they obtain legal assistance to navigate this serious matter.
If a parent is found to be unfit, the court may outline specific actions the parent must take to address the issues leading to this determination, offering a path toward rehabilitation and possibly regaining parental rights. On the flip side, any parent who is deemed to be unfit must respect that determination if/until the court rules a different way. The affected child and their other parent must not be subjected to harassment or other unlawful treatment by the allegedly unfit parent.
The issue of unfit parent determinations is undoubtedly complex. Seeking legal guidance is, therefore, often helpful in such circumstances.]]>On Behalf of Gormley Law Offices, PLChttps://www.gormleylawoffices.com/?p=498582023-12-15T15:36:17Z2023-12-15T15:36:17ZUnmarried fathers have rights
The custody laws in Michigan do not specifically reference the sex of either parent. Therefore, fathers and mothers theoretically have the same rights regarding time spent with their children and important decisions about their upbringing.
The marital status of the parents can influence what steps a father must take to secure shared custody after ending a romantic relationship with the mother of his children. Often, unmarried parents have already acknowledged the man's paternity. They may have completed paperwork at the hospital to have his name included on the birth certificate. In that scenario, an unmarried father could very easily go to family court to request parenting time.
If the father's name is not currently on a child's birth certificate, then he may need to establish paternity. There is a presumption of paternity in Michigan when a married woman has children. Unmarried women need to acknowledge the father by submitting certain paperwork to add his name to the birth certificate.
If a mother will not cooperate with that process, then an unmarried may need to ask the courts to order genetic testing. A paternity test can authoritatively establish the genetic relationship between the father and his child. After paternity testing, a man can add his name to a child's birth certificate and seek shared custody rights just like any other father in Michigan.]]>On Behalf of Gormley Law Offices, PLChttps://www.gormleylawoffices.com/?p=498492023-12-08T14:38:37Z2023-12-08T14:38:37Z
Davison
Howell
Belding
Greenville
Alpena
Dowagiac
Muskegon Heights
Escanaba
Milan
Zeeland
It is important to note that these statistics and the corresponding ranking is not based on the overall divorce rate, which people will often say is around 50%. These numbers are concerned with the total percentage of divorced individuals within any population. It is, obviously, that some of the intact marriages in the communities mentioned will eventually end via divorce.
But either way, this certainly sheds some light on divorce trends in Michigan and across the United States. If you and your spouse are going to end your marriage this year, you need to know what steps to take regarding property division, parenting time and much more, regardless of where you live. Seeking legal guidance as proactively as possible can be to your benefit as a result.]]>On Behalf of Gormley Law Offices, PLChttps://www.gormleylawoffices.com/?p=498472023-11-13T15:47:21Z2023-11-13T15:47:21ZThe impacts on divorce proceedings
This tactic can significantly skew the financial landscape of a divorce. The spouse out of the loop might find themselves short-changed in terms of immediate settlement and long-term financial security. It's a manipulation of the system where the actual value of the business gets clouded by sudden, seemingly inexplicable drops in income.
How to spot and tackle SIDS
Look out for sudden changes in business performance that don't align with market trends or past performance. Work with a forensic accountant if things seem amiss. These professionals can dig into the books, uncover discrepancies and bring the accurate financial picture to light.
Some of the more common tactics to look for include:
Missing cash receipts
Odd refunds
Payments going into ghost accounts for nonexistent vendors
Payroll entries for employees who don’t exist
In most cases, a dip in income occurs a few months before the divorce. While it might seem plausible that the business isn’t as profitable as it once was, you may also find clues that something isn’t right due to intentional interference.
Protecting yourself and your business
Stay informed and proactive if you're involved in a divorce involving a family business. Understanding the concept of SIDS, keeping an eye on business finances and seeking legal guidance can make a difference in better ensuring a fair settlement.]]>On Behalf of Gormley Law Offices, PLChttps://www.gormleylawoffices.com/?p=497562023-10-12T00:06:59Z2023-10-12T00:06:59ZClear communication post-divorce can help provide a stable environment for the children, allowing them to adjust more quickly to the changes in their family structure. Being open and transparent about decisions, schedules and concerns can help to prevent misunderstandings and reduce potential conflict.
Use a parenting app
Many parenting apps are available to facilitate communication between divorced parents. These tools can assist in scheduling, updating and tracking shared responsibilities. Centralizing information allows parents to stay updated on events and other pertinent information without needing to engage in constant back-and-forth communication that can spark tension.
Remain respectful
It's crucial to remember that while your relationship with your ex-spouse has changed, you're both still parents to your children. Always speaking to and about your ex with respect can go a long way in creating a positive environment for your children. Avoid talking negatively or placing blame, as this can harm relationships and cause undue stress for your kids.
Focus on the children
Always keep the children's best interests at heart when discussing issues or making decisions. Getting caught up in personal grievances or past conflicts can be easy, but it's essential to set those feelings aside when directly dealing with your co-parent. Centering conversations around the well-being of the children ensures that decisions are made with their best interests in mind.
Disagreements are bound to happen, but how they're resolved can make all the difference. Avoid escalating situations. If a conversation becomes too heated, consider taking a step back and revisiting the topic later. Ideally, you’ll have communication and conflict resolution guidelines in your parenting plan that governs matters related to the children to help clarify your approach. The stakes of your situation are high and it’s important to treat them with thoughtful care and foresight as a result.]]>On Behalf of Gormley Law Offices, PLChttps://www.gormleylawoffices.com/?p=497522023-09-28T23:58:20Z2023-09-28T23:58:20ZThe probate courts hear contests all the time
One of the many functions of the Michigan probate courts serve is to help sort out issues with someone's testamentary documents. In scenarios where those with an interest in someone's estate question the accuracy or validity of their will, they can contest the documents in probate court. A contest involves raising claims that the documents are invalid for a specific reason.
Common grounds for will contests include claims of fraud, concerns about forgery, allegations of undue influence and a belief that someone was in a state of diminished capacity at the time of the document's creation. Provided that someone has evidence supporting their claims, they could convince the courts to set aside someone's will and either use a prior document to guide estate administration or treat the estate as though someone died without testamentary documents at all.
Will contests do not ensure changes to someone's testamentary documents, only judicial review. They are an option in almost all probate scenarios where people question the validity of the testamentary documents. The only time when it will contest would not be possible would involve someone including a no-contest clause in the will. Even then, the courts may choose not to disinherit someone if they initiate litigation in good faith and have probable cause to believe there is an issue with the will.
Learning more about Michigan's probate laws may help people better advocate for themselves as beneficiaries or their loved one who created an estate plan that may or may not have reflected their most current intentions at the end of their life. Seeking legal guidance is a good way to gain clarity about one’s rights and options.]]>On Behalf of Gormley Law Offices, PLChttps://www.gormleylawoffices.com/?p=497502023-09-11T00:22:21Z2023-09-11T00:22:21ZChanging the status of an asset
Commingling is the process of mixing assets together. For instance, if one person had an investment portfolio that was their own money, but they then mix it together with their new spouse’s investments, that portfolio has been commingled.
Comingling also frequently occurs when one person receives an inheritance, which is generally classified as a separate asset if/until they keep it in a shared account that is accessible by their spouse. Even if it was a separate asset initially, the status will likely change once it has been comingled. Once this occurs, each spouse will technically have a claim to some of its value in the event of divorce. So the way that assets are handled prior to a divorce is potentially very consequential.
What can you do?
The challenges associated with comingled assets can inspire some complicated financial questions during a divorce. What assets really need to be divided? Do they have to be split evenly? What if there is a disagreement about where an asset was stored or if it was commingled at all? Seeking legal guidance can help to clarify the answers to these consequential queries.
]]>On Behalf of Gormley Law Offices, PLChttps://www.gormleylawoffices.com/?p=497422023-08-12T01:51:20Z2023-08-12T01:51:20Z10 key tips
Fortunately, it is possible to make this conversation easier than it might otherwise be. The key is to put the children first every step of the way. Here are 10 tips that can help:
Choose the Right Time: Pick a moment when your children are relaxed and not preoccupied with other things. Make sure there are no deadlines coming up or other obligations, allowing you to talk for as long as needed.
Be Honest and Direct: Use age-appropriate language to explain that you and your partner are going to live apart.
Emphasize It's Not Their Fault: Reassure them that you both still love them unconditionally and that the divorce is in no way their fault. Do not assume that they understand this already, just because you know that the situation isn’t their fault.
Present a United Front: Talk to your children together, so they know you are in agreement about the decision.
Use "We" Language: Frame it as a mutual decision, even if it wasn't, to avoid assigning blame. Do not alienate your ex.
Address Their Feelings: Encourage them to share their emotions and concerns. Make it a two-way conversation. Do not judge and listen attentively.
Be Patient: Accept that they will need time to process the news and might react differently. They will view these circumstances in a different way than you do.
Reassure Stability: Let them know that although the family will change, they will be supported and cared for.
Be Prepared for Questions and Silence: Anticipate their inquiries and have honest, age-appropriate answers ready. Give the children a chance to talk. If they aren’t ready to talk, be prepared for that too.
Address School and Friends: Explain that they will continue to go to the same school and see their friends. If this isn’t possible, explain what will remain the same, as stability is very important for kids.
With this mindset, you can break the news to your child in a way that they can handle and process. You also show them that both you and your co-parent still love them and are there to help during this challenging time.]]>On Behalf of Gormley Law Offices, PLChttps://www.gormleylawoffices.com/?p=497392023-07-28T07:16:02Z2023-07-28T07:16:02ZThe testator has the authority
Provided that they have not fully lost their testamentary capacity and only experienced short-term medical issues, the individual who drafted the documents originally has the legal authority to override the power of attorney and make their preferences known in regard to their health care and the management of their financial resources.
The courts can also take action
When there's clear documentation that an agent has acted in their own interests rather than following the instructions, preferences and recommendations of the testator, the attorney representing the testator or members of their immediate family could take the matter to the courts. Courts can sometimes set aside otherwise valid documents when there has been an abuse of authority that undermines someone's legal rights or when there is proof that an individual has violated their fiduciary duty to the testator.
It is important not only to understand who someone has named in a position of authority in their estate planning paperwork but also the testator's personal needs and wishes so that the named individual won't be able to take advantage of that position of authority. Speaking up when it seems like someone has abused their power of attorney may benefit a vulnerable testator and anyone else who depends on them.]]>