Category Archives: Child Custody

All You Need To Know About Michigan’s Child Abuse And Neglect Central Registry

When CPS does an investigation the outcome of their investigation falls into 1 of 5 categories:

  • Category I-Cases in which the department determines that there is a preponderance of evidence of child abuse or neglect and a court petition is needed and/or required. Services must be provided by CPS (or foster care), in conjunction with community-based services.
  • Category II-Cases in which the department determines that there is a preponderance of evidence of child abuse or neglect and the risk assessment indicates a high or intensive risk. Services must be provided by CPS, in conjunction with community-based services.
  • Category III-Cases in which the department determines that there is a preponderance of evidence of child abuse or neglect and the risk assessment indicates a low or moderate risk. A referral to community-based services must be made by CPS
  • Category IV-Cases in which a preponderance of evidence of child abuse or neglect is not found. The department must assist the child’s family in voluntarily participating in community-based services commensurate with risk level determined by the risk assessment (structured decision making tool)
  • Category V-Cases in which CPS is unable to locate the family, no evidence of child abuse or neglect is found or the court declines to issue an order requiring family cooperation during the investigation

Category I and II cases are considered the most severe. If a case is placed in the level I or II category the perpetrator’s name will be added to the CPS Child Abuse and Neglect Central Registry List.

If your name has been placed on this list CPS is required to notify you. This written notification will include,

  • Information on the individual’s right to review the case record.
  • Information on the individual’s right to appeal the decision to place their name on the Central Registry.
  • Instructions on how to file an appeal.
You have the right to be notified that  your name is being listed on the Central Registry, who can view your name and why you are being listed.

Being listed can prevent you from adopting a child, licensing a daycare center or even working at a school.

The Central Registry is a document that is internal to the government and not available to the public, however there are a few people who do have access to it. The following is a list of some of these people:

  • A physician treating a child suspected to have been abused or neglected
  • Law enforcement or a child protective agency investigating a report of known or suspected child abuse or neglect
  • The person listed as the perpetrator of child abuse or neglect
  • The victim of child abuse or neglect, so long as that victim is an adult
  • A court or grand jury, when the information is necessary to decide an issue
  • An adoption agency or foster care placement agency

If you are currently listed on the Michigan Central Registry and would like to be removed, you may request the Michigan Department of Human Services amend an inaccurate CPS report or record. You may also request that the Michigan Department of Human Services expunge your record, meaning they remove your name and the evidence against you from the Central Registry if they find that it is in the best interest of the child to do so. If the Michigan Department of Human Services refuses your request for amendment or expungement, or fails to act within 30 days of your request, they must hold a hearing regarding the proposed amendment or expungement. You may also appeal their decision if you do not agree with it.

For more information on Michigan’s CPS read our article ALL YOU NEED TO KNOW ABOUT MICHIGAN’S CPS 

If you would like assistance in removing your name from Michigan’s Central Registry contact Aida Spahic at (248) 624-5500
For more updates and links to CPS information add us on facebook
Advertisements

1 Comment

Filed under Child Custody, CPS, Uncategorized

Michigan Medical Marijuana And Child Custody

Julie Bosca is the ex-wife of a Vincent Bosca, who is accused of holding several teens against their will in retaliation for a marijuana theft. Bosca and two other men are charged with extortion and unlawful imprisonment for the alleged actions against six teens aged 14 and 15 whom they suspected of stealing marijuana from Bosca’s Canal Road home the prior Friday. Bosca is a licensed to grow medical marijuana.  On Friday, Judge Mary Chrzanowski of Macomb County Circuit Court in Mount Clemens granted Julie Bosca short-term custody of her two children with Vincent Bosca at least until a hearing takes place June 30.  The PPO Julie Bosca filed against her ex-husband was rejected for now, but also will be addressed at that hearing. Vincent Bosca posted a $500,000 bond, according to sheriff’s office records, and will be confined by a tether.  Vincent Bosca said in court Wednesday his 2-year-old daughter lived with him.  Read the full story here.

Should a parent lose custody of their child for legally growing or consuming medical marijuana?

Wherever you stand on the issue, Michigan law actually protects a parent from being denied custody or visitation of a child solely for their legal medical marijuana related activities.  Specifically, the Michigan Medical Marihuana Act states in Section 4(c) that:”A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.”

Samantha@ambroselawgroup.com
If you have a family law or medical marijuana question contact Ambrose Law Group at (248) 624-5500 or visit our website
Ambrose Law Group specializes in medical marijuana cases in Oakland County Michigan. Please contact us and let us help win your case today!
For more information on Michigan marijuana laws click here 

 

 

Check out a testimonial from one of our marijuana victories below!

2 Comments

Filed under Child Custody, Family Law, Medical Marijuana

Friend of The Court Can Help During Your Divorce or Custody Case

The Family Division of the Circuit Court was created by Public Act 388 in 1996.  On January 1, 1998, the Friend of the Court became a unit in the Family Division of the Circuit Court.  The Friend of the Court provides services to parties with minor children involving divorce, family support, interstate and paternity cases.  Friend of the Court is responsible for investigating and making recommendations in regards to child custodysupport and parenting time (when ordered by the judge) in contested cases. Once the Court enters an order pertaining to those issues, the Friend of the Court assists in enforcing the Court’s written orders.

The Friend of the Court:

  • Secures financial information for support recommendations
  • Conducts investigations for custody and parenting time recommendations;
  • Strives to settle disputes without Court intervention
  • Schedules cases for Courts
  • Holds referee hearings and mediation sessions
  • Finds absent parents
  • Arrests and arraigns persons when bench warrants are issued for failure to appear at enforcement hearings

Find out all you need to know on the divorce proces here.

If you questions about your divorce contact David Lutz at 248-624-5500 or visit our website
Samantha@ambroselawgroup.com

1 Comment

Filed under Child and Spousal Support, Child Custody, David Lutz, Family Law

Basic Info On Child Custody

 

There are two types of jurisdictions:

1. Personal and

2. Subject matter.

Personal is over the parties. Long arm statue.

Subject matter: one party needs to be a resident for 180 in the state and 10 days in the county where they are filing.

Someone cannot be a resident if they are here because they have a F1 visa.

Custody Case

Any time parties want a divorce with children. What will happen to the children. Remember that the worst custody arrangement is better than a custody battle. Think o f the outcome, financially. Make sure you consider what’s good for the kids.

3 types of custody: legal, physical and parenting time.

Legal is joint 99% of the time. Jail/physical abuse is the exception to having a parent having legal custody.

Physical- there is no significance.

MOST IMPORTANT IS PARENTING TIME

3 types of Parenting Time

1. School, start with this first in your case

2. Vacation/holidays during the school year

3. Summer vacation- you can try different times during this period:

Reverse times, extended vacations, non consecutive.

Vacation/holiday time use alternating holidays/vacation. This year dad has Thanksgiving, next year mom has Thanksgiving. Be specific in the divorce documents and schedule places and times for exchanges. Usually the best parenting schedule is the lease said.

If parties cannot decide on custody?

Joint legal custody unless legal is not appropriate.

Award physical to one party

Let Judge decide.

There are 12 factors to determine BEST INTEREST OF CHILD  MCLA 722.23

A. love and affection- bond between child and adult.

B. Capacity- to give child guidance and parent’s disposition.

C. Provide food and Clothing- how does parent interact with child.

D. Length of time child is stable

E Permanence of existing home

f. Moral fitness of each parent

Depends on situation and does it affect the children

g. Mental and physical health of parents—very important

either parent can assert privilege but court looks against that

K home school community

i. reasonable preference of the child. Court can do this.

j. Willingness to have child and parents get a long.

Is one parent talking badly about the other parent in front of the children.

L Domestic Violence – either directed at or witnessed by the child.

ESTABLISHING CUSTODIAL ENVIRONMENT

If one parent moves out it becomes defacto that the one that stays becomes the custodial parent.

If you have questions about child custody contact David Lutz at 248-624-5500

Leave a comment

Filed under Child Custody, David Lutz, Divorce

Are You Required to Pay Child Support after Involuntary Termination of Parental Rights?

On March 4, 2010, the Michigan Court of Appeals made a ruling in the case of In re Beck Minors, which required the father to continue child support payments even after his rights were terminated by the court.

The court stated that the duty to pay survives a termination of parental rights and advances the goal of creating stability and permanency in the child’s life.

The court also stated that if the parent was not required to pay child support after a termination of rights, it may force the one parent to avoid reporting any abusive or neglectful behavior of the other parent in order to preserve financial support.

However, this case has not been finalized.  The Michigan Supreme Court  has granted leave to appeal.

What do you think about this?  What do you think the Michigan Supreme Court will rule?

If you have questions about your parental rights contact David Lutz at (248) 624-5500 or visit our website www.ambrosefamilylawattorney.com

1 Comment

Filed under Child and Spousal Support, Child Custody, David Lutz, Family Law

Child Custody: How courts determine the best interest of the child

When courts are hearing custody disputes, the court looks at what is in the “best interest of the child.”  The court weights 12 factors to determine if placing the child in a certain environment will be within that child’s best interest.  M.C.L. 722.23 defines what the 12 best interest factors as follows:

(1) The love, affection, and other emotional ties existing between the parties involved and the child.

(2) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

(3) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(4) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(6) The moral fitness of the parties involved.

(7) The mental and physical health of the parties involved.

(8) The home, school, and community record of the child.

(9) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(10) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

(11) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(12) Any other factor considered by the court to be relevant to a particular child custody dispute.

If you have any questions on child custody please contact David Lutz at (248) 624-5500 and visit our website at www.ambrosefamilylawattorney.com

Leave a comment

Filed under Child Custody, David Lutz, Family Law

Types Of Child Custody In Michigan

Legal Custody: If a parent has legal custody, that means that he/she has authority to make important decisions that affect the welfare of the child or children. For example: educational decisions, non-emergency health care decisions, and religious decisions.

1. Sole Legal Custody: This is where one parent has the authority to make all the decisions concerning the welfare of the child.

2. Joint Legal Custody: Joint legal custody means that both parents share authority in making important decisions that affect the welfare of the child.

Physical Custody:If a parent has physical custody, that means that the child is physically staying in the home with that parent

1.   Sole Physical Custody: This is where only one parent has physical custody of the child.  However, the parent who does not have physical custody can still be alloted “parenting time.”  Parenting time is time set aside by the court for the parent and child to spend tim together.

2.  Joint Physical Custody: In a joint physical custody situation, parents share actual physical custody of the child or  children. (For example, an arrangement where the child alternates staying with one parent or the other every-other week)

Sole Custody: According to the Michigan Custody Guideline,  “sole custody occurs when primary physical custody and legal custody are given to one parent.”

If you have questions on Child Custody please call David Lutz at (248) 624-5500 and visit our website www.ambrosefamilylawattorney.com

Leave a comment

Filed under Child Custody, David Lutz, Family Law