Frequently Asked Questions About Family Law
When people face a family law issue, the decisions that they make can impact their daily lives and the lives of their children. This can leave them with questions about how to move forward into this new stage of their lives.
At Jackman & Kasody PLLC, we offer answers to clients throughout Oakland, Wayne, Macomb, Livingston and Washtenaw counties. Our attorneys have more than 60 years of combined experience, and our focus on family law allows us to answer the unique questions that each client has about their situation.
Should I talk to an attorney if I am separating from my spouse or considering divorce?
Even when people are not ready to start the divorce process, speaking with an experienced divorce attorney can be highly beneficial. Seeking legal guidance can help people explore their options and familiarize themselves with the divorce process before taking that first step.
An attorney can also help them identify their unique priorities so that they have a strong strategy in place at every stage of their divorce. Depending on their situation, an attorney may help people protect their rights during a trial separation, protect their interest in their marital home or document their child’s needs to lay the groundwork for a fair support agreement.
How is child custody determined?
The court will look at the best interest of the minor child(ren) and utilize the Child Custody Statute when determining what custodial arrangement would be best for the child(ren).
How is child support determined?
The Michigan Child Support Formula is, under almost all circumstances, required to be utilized to determine child support. The formula is based on the custodial parent’s net income and the noncustodial parent’s income taking into consideration expenses such as health insurance premiums and child care as well as the number of overnights each parent exercises with the child(ren).
Can I do anything about my ex relocating with our child although I am not the custodial parent?
Even if your child does not live with you, the court will often need to approve a relocation that would impact your ability to maintain a strong relationship. In Michigan, custody orders generally require parents that share legal custody to either reach an agreement or petition the court if one parent wants to move more than 100 miles from the other. Even if a move is less than 100 miles, a relocation that will prohibit a parent from following the current parenting plan may also need court involvement to create a new parenting plan.
Does my child get to choose which parent to live with?
A child may express a preference for which parent they want to live with, and the court may consider this preference when working toward a custody arrangement. However, the court will weigh that preference alongside other aspects of a child’s life like their health, their education and each parent’s ability to care for them.
If my ex does not pay child support, are they still entitled to parenting time?
While not receiving child support can be a significant challenge for parents, those parents must still provide their ex with the parenting time outlined in their custody order. However, that does not mean that they have to simply accept the lack of financial support. Because the failure to pay child support is a violation of a court order, parents can take legal action to hold them accountable while also upholding their responsibilities under their current arrangement.
Why choose Jackman & Kasody PLLC?
Because of the personal impact that family law matters can have, it is important to have an attorney with experience to help people navigate these life changes. The attorneys at Jackman & Kasody PLLC focus entirely on family law and have more than 60 years of combined experience in divorce, custody, pre- and postnuptial agreements and other concerns. This focus allows us to build personalized strategies that address each client’s unique needs and support their goals.
Contact Our Firm For Answers To Your Questions
The right guidance can be key for people facing questions about divorce, custody and other family law matters. To schedule a no-cost consultation with an experienced attorney from Jackman & Kasody PLLC, call 248-220-6963 or reach out to our firm online.