Category Archives: Family Law

New Controversial Michigan Bullying Law May Be Changed

State Senate Democrats are keeping pressure on Republican lawmakers at the other end of the Capitol to restore some cuts to an anti-bullying bill, telling them “the people of Michigan would be watching closely.”

Senate Minority Leader Gretchen Whitmer, D-East Lansing, said Monday that the state House of Representatives is expected to this week take up the Senate’s bill.

A statement from House Speaker Jase Bolger’s Twitter account indicated he didn’t agree with the Sentate’s bullying bill, mandates that school districts create an anti-bullying policy, but it says that policy cannot punish “a statement of a sincerely held religious belief or moral conviction of a school employee, school volunteer, pupil, or a pupil’s parent or guardian.”

“Bullying is wrong and the reason for bullying should not make it worse nor excused,” wrote Bolger, R-Marshall, on his account on Saturday.

Whitmer acknowledged Bolger’s statement about the bill, which she calls “license to bully,” but said she wants him “to do the right thing” by making a House bill more comprehensive.

“The Senate Republicans chose to play politics with this critically important issue that resulted in a bill that would actually leave Michigan’s students less protected than they already are,” Whitmer wrote in a release. “I’m calling on Speaker Bolger to not only fix their mistake, but bring Michigan up to date with what other states are already doing in passing comprehensive anti-bullying legislation that protects all of our students from bullying.”

Whitmer said the Senate vote has attracted nationwide attention. A video of her speaking out against the bill logged more than 350,000 hits worldwide and the story was posted on several national news sites, she said.

Senate Majority Leader Randy. Richardville “saw what happened when you try to pull one over on Michigan’s students that have been calling for real anti-bullying legislation. I certainly hope Speaker Bolger doesn’t make the same mistake because people from around the world will be watching.”

The Democrats have found some unlikely allies, with StudentsFirst.org, a school reform organization, also speaking out against the vote.

“StudentsFirst believes that a safe learning environment is fundamental to ensuring every child – whether that child is gay or straight – receives the high-quality education he or she is entitled to,” wrote Hari Sevugan, the organization’s vice president for communications. “That is why we support anti-bullying efforts that would accomplish that goal. Unfortunately, as it’s currently written, Matt’s Safe School Law does not provide meaningful protections against bullying, and thus we cannot support it. In fact, not only does the bill fail to protect students who are bullied, it would actually provide legal protections to those doing the bullying. That is simply unacceptable”.

Sevugan said the group is working “with friends and allies on both sides of the aisle to address changes made in the amendment process to make the law accomplish what it set out to do – provide a safe learning environment for every child.”

 

While reading through blogs and other social media this weekend it was obvious that people across the country and not just in Michigan were upset by this new bill.  I do not believe there should ever be an excuse for bullying and I’m interested to see how this gets resolved – Holly

 

If you have a legal question contact Daniel Ambrose at 248-624-5500

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Filed under Family Law, Juvenile Crime

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!

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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

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

Is Your Husband Being A “Weiner”

Many of you have probably heard about the sex scandal that is burning up Washington, D.C. and New York.  Congressman Anthony Weiner (D), a married man and soon-to-be father, was caught posting lewd photos on the internet of himself and another woman whom he was having a torrid affair with.  He is now being asked to step down from his position, but Weiner refuses.  Here is a link to the full story:

http://news.yahoo.com/s/nm/pl_nm/us_usa_politics_weiner

We’ve blogged before about how texting and other forms of social media can affect your marriage or a divorce case check out our articles below:

http://ambrosecriminallawblog.com/2011/03/22/michigan-man-charged-with-polygamy-after-posting-pic-of-new-wife-on-facebook/

http://ambrosecriminallawblog.com/2010/12/09/how-facebook-might-hurt-your-divorce-case/ 

            If you have a significant other who is being unfaithful, please call David Lutz  at the Ambrose Law Group at (248) 624-5500

www.ambrosefamilylawattorney.com

John@ambroselawgroup.com

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Filed under Divorce, Family Law

Man Arrested For Owing $214,647 In Child Support

A man who allegedly owes $214,647 in child support to five women was charged Friday in the city’s 36th District Court. Tyrease Hicks, 41, was arrested by Detroit Police last week at an eastside home on warrants for five separate felony charges of failure to pay child support.

He was arraigned earlier on two charges and faced the remaining charges Friday. Although Hicks was granted a personal recognizance bond, he’s been held in the Wayne County Jail since last week to assure his appearance in court.

A preliminary examination on all five charges is set to be held in the district court June 21. Detroit Police were tipped to Hicks’ location last week by the Attorney General’s Child Support Division.

Failure to pay child support in Michigan is considered a felony punishable by up to 4 years in prison.

In order to bond out before the arraignment, you will be required to post a bond of 25% of the arrearage or at least $500.00, whatever amount is higher.  If you are unable to do so, the court will address the issue of bond at the arraignment and preliminary examination.  Unless good cause is show on the record, the court has to order the bond to continue at the amount of 25% of the arrearage or at least $500.00, whatever amount is higher.

If convicted the court may suspend your sentence if you file with the court a bond with the amount and sureties the court requires.  At minimum, the bond must be conditioned on your compliance with the support order.

If the court does suspend your sentence, but you do not comply with the support order or another condition of the bond, the court may have a show cause hearing where you will have to appear and show cause why the court should not impose the sentence and enforce the bond.  After the hearing, the court may enforce the bond, impose the sentence, both, or may permit the filing of a new bond and again suspend the sentence.

This felony child support statute is one of strict liability, this means that a defendant cannot assert a defense at trial of the inability to pay.
If you have questions about child support in Michigan contact Ambrose Law Group at 248-624-5500 or visit our website

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Filed under Child and Spousal Support, Family Law

Michigan Man Charged With Polygamy After Posting Picture of New Wife on Facebook

A Grand Rapids man, excited about his new marriage decided to post some pictures of his new wife on his facebook page.

Not excited about his new marriage was his first wife – who he was still legally married to. Yikes. She turned him in and he was arrested a short time later.

The two-timing husband now faces up to four years in jail

Read the full story here

This is another example why it’s important to be mindful of what information you’re posting on your social media pages, especially facebook.

Want more reasons? Check out our previous blog posts:

How Facebook Might Hurt Your Family Law Case

Warren Juror Gets Fine and Homework For Her Facebook Post

Facebook Friend? Or F.B.I Foe?

If you have a family law question contact Ambrose Law Group at 248-624-5500 or visit our website at www.ambrosefamilylawattorney.com

Holly@ambroselawgroup.com

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Filed under Divorce, Family Law, Holly Valente, Internet Laws

How Facebook Might Hurt Your Family Law Case

Social media outlets can give Family Law attorneys and their clients the ammo they need to fight their opposition.  Anywhere from pictures to status messages, this evidence can be used against you in court.

If you are in a child custody dispute and use social media websites like Facebook or Myspace, make sure that you are careful when you post pictures and comments.  Do not post anything you would not want a judge to see.  Use privacy settings to minimize who has access to your profile and your information.

If you are a blogger, be careful what you blog about.  Your words may come back to haunt you.  Avoid even the implication that you are attacking the other parent’s character or parenting style.

There are cases all over the country where social media evidence was introduced to the Judge and the Judge heavly weighed that evidence against the parent.  Be careful what you post!

If you have questions about your family law case please contact David Lutz at 248-624-5500

or visit our website www.ambrosefamilylaw.com

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Filed under David Lutz, Family Law, Internet Laws, Uncategorized

All You Need To Know About Annulments

Britney Spears filed for an annulment after her Las Vegas wedding to childhood friend Jason Allan Alexander

Some people believe that you can get an annulment if you are married for a short amount of time.  This is a common misconception.  The length of the marriage is not a factor when it comes to an annulment.  An annulment is a legal decree that a marriage was invalid from the beginning.  To qualify for annulment, you would have to show that you did not enter into a valid marriage according to state law.

Marriages that qualify for annulment are marriges where:

1- One spouse is already married and enters into a new marriage without divorcing previous spouse.

2- One spouse has a physical disability which is adversely affecting the other spouses married life.

3- Relatives were married in violation of Michigan law

4- One of the spouses were under the age of 16 regardless of parents’ consent unless both parties have remained together after they turned 18.

5- One of the spouses were between 16 and 18 and did not recieve a parent’s consent unless both parties have remained together after they turned 18.

6- The marriage occurred under fraud.

7-One spouse lacked the mental capacity to enter into a marriage contract.

8- Marriage was entered as a result of theat, force, or duress.

It is important to note that an annulment isn’t necessarily quicker or easier than a divorce.  The paperwork and procedures are similar to divorce.  However, for an annulment you must prove that the marriage is invalid.  There are limitations and exceptions to annulments and each persons situation is different.

If you have questions regarding your specific situation, please contact the Ambrose Law Group at (248) 624-5500

 

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Filed under Annulments, Family Law

Skip Teacher-Parent Conference Go to Jail

Wayne County Prosecutor Kim Worthy made it into the headlines this week when she introduced a proposal that would mean jail time for parent’s who don’t attend parent-teacher conferences.  The new law would require at least one parent to attend at least one conference per school year, if a parent failed to attend they could face up to three days in jail.  The proposal has faced mixed reviews throughout the state.

Read the full article here

What do you think?

holly@ambroselawgroup.com

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Filed under Family Law, Holly Valente

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

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