Jesse James, Sandra Bullock, adultry, and sex addiction. What results if this was a Flint Michgian Divorce?

Flint Divorce Lawyer Terry Bankert comments on the Michigan Family Law that would apply if Sandra Bullock and Jesse James lived in Flint Michigan.

ADULTRY AND HUMILATION IN DIVORCE

Divorce is a Family Law option as the parade of tattooed tarts continues, Sandra Bullock has concluded that her marriage was a lie and she's done being publicly humiliated.See[1]

Michigan and Flint Divorce court is a “no fault” divorce state.

But fault , in a Flint Divorce, such as adultery charges between a divorcing couple still have impact on the divorce outcome. Michigan and Flint Family Law deals with Divorce property allocation, child support or spousal support, and how much parenting time , or child custody. In a Flint Divorce fault like adultery and sex addiction may become an active part in dealing with these issues.

A Divorcing spouses indiscretions ,like the Adultry and self described sex addiction of Jessse James , will work against them when these decisions are being made.

Flint Divorce Court and all Michigan Family Courts have one ground for divorce: “There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

In Flint Divorce Court when placing a judgement “on the record“, some judges require only a recital of this assertion. No details need to be provided until there is a fight over the issues listed above.

“Fault” and Equitable Division

“Fault” may be a factor in dividing property—it must not be the only factor. Kenbeek v Kenbeek, unpublished opinion per curiam of the Court of Appeals, issued July 31, 2008 (Docket No. 277359):

“In reaching our conclusion we note that a trial court may consider fault when determining how to divide the marital property, although it may not be the sole factor. Sparks, supra at 158.”
“Fault” is a valid consideration in dividing marital assets; was the conduct “more of a reason” for the breakdown of the marriage?[5]

In determining ‘fault’ as one of the factors to be considered when fashioning property settlements, courts are to examine ‘the conduct of the parties during the marriage.’” Welling v Welling, 233 Mich. App. 708, 711; 592 N.W.2d 822 (1999), quoting Sparks v Sparks, 440 Mich. 141, 157; 485 N.W.2d 893 (1992). The issue is whether “one of the parties to the marriage [wa]s more at fault, in the sense that one of the parties’ conduct presented more of a reason for the breakdown of the marital relationship than did the conduct of the other.”
　
　
SEX ADDICTION AND DIVORCE

Jesse James reportedly is seeking professional help to deal with "personal issues" after a cheating scandal that has put his nearly five-year marriage to Sandra Bullock on the line with the possibility of divorce.See[2]

( Jesse James ) Sexual Addiction - What is it?Sexual addiction is, in its simplest form, a normal sex drive that has become obsessive, to the point that behavior is out of control. Sexual addiction is referred to as a 'process' addiction, as opposed to a substance addiction like alcohol or drugs. In a process addiction, the euphoric feeling (or "high") comes from chemicals released into the brain, rather than from an external source. As the mind becomes accustomed to the release of these chemicals, it searches out for continued sources of that high. This could be from eating, the adrenaline rush of competition, putting yourself in dangerous situations, or from sexual stimuli. Sexual addiction can take on many forms, from the use of pornography and masturbation to repeated sexual affairs, patronizing prostitutes, and voyeurism. In extreme cases, sexual addiction can involve molestation, rape, and even murder. The many forms of sexual addiction have one thing in common, the behavior is done in secret, and the sex addict becomes skilled in hiding this secret life from those closest to him. [4]

(Jesse James ) Sexual Addiction - What Causes it?Sexual addiction is rarely caused by only one factor, but is more likely a build up of conditions over time. ... causes for sexual addiction can include traumatic experiences in their childhood such as physical and/or sexual abuse, abandonment, or emotional trauma. . [4]

( Jesse James ) Sexual Addiction - What's the Problem, it's only Sex?One of the most serious problems with sexual addiction is the way it affects our relationships. ...Closeness in a marriage is a combination of the physical, emotional, and spiritual aspects of the relationship. Unfortunately, when one aspect of the relationship starts to break down, the others tend to suffer as well. ...sex addiction, at its core, is all about selfishness. The sex addict becomes obsessed with meeting his own needs at the expense of those around him. And selfishness in any form is damaging to a marriage relationship. [4]

The other major problem with sexual addiction is its progressive nature. While lingerie ads and R-rated movies can be visually exciting to a teenager, that excitement doesn't continue for the sex addict. The need for more and more stimulation leads into more explicit, hard-core pornography, adult movies and websites, and eventually into acting out the fantasies that are formed in the mind. The first consequence of this acting out is that the wife ceases to be a unique person, worthy of honor in the relationship. Instead, she becomes an object of sexual gratification. Eventually, this too becomes mundane, and the sex addict seeks thrills of an increasingly illicit nature. [4]
　
STEP MOTHERS RIGHTS TO CHILDREN IN DIVORCE

Sandra Bullock has access to Jesse James's children, a US report said.
Jesse James reassured the blind-sided star she can see his three children, including a six-year-old stepdaughter she raised as her own.See[3] She has no special rights to see the minor children after divorce unless the biological parents agree.

Posted here by,
Terry R. Bankert
http://www.attorneybankert.com/
For state wide mediation or how to find your Court see
http://www.dumpmyspouse.com/
　
　
　
[1]
http://www.philly.com/philly/entertainment/20100331_Tattle__Here_s_a_shocker__Sandra_reportedly_splitting.html
[2]
http://abcnews.go.com/Entertainment/wireStory?id=10246739
[3]
http://www.monstersandcritics.com/people/news/article_1544908.php/Jesse-James-reassures-Sandra-Bullock-she-can-see-kids
[4]
http://www.allaboutlifechallenges.org/sexual-addiction.htm

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What is next for downtown Flint!

We all should thank the efforts of Mott Foundation, Uptown Reinvestment, DDA,GFAC, Regional Chamber of Commerce, City Councils, and Mayors.

We are at a good place for downtown Flint. Its fun, lively and a good place to be.

There is plently of parking and it is safe. We are at an earliy rung of Flints assent to being a college town.

I live near downtown,my expanding office is downtown. My wife and I invested significant capital in an effort last year with others. So with some first hand authority I can they have done well to bring Downtown Flint forward.

But where do we go from here? Possibly the dynamic that brought us this far cannot drive the rest of the journey.

What are the little business and activities that breath life into a downtown. Its the free market system that will finish the work downtown driven by the small independant business person and individual decision to move there.

How ironic I would make this argument.

What do Flinites want? What do college students want? Heck if I know. My grandfather could not tell me what I wanted. I shall not try to tell them.

I do observe that cheap rent with parking access and few governmental barriers may just work. So to the economic powers to be ,do not over price downtown.

Cheap rent code compliant sites for business and residental may be all that you can organize for the future. Let the Free market work out the details. HA! I said it again :)
http://www.mlive.com/living/flint/index.ssf/2010/03/investor_flint_residents_must.html#comments

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Ceaser Chavez and the struggle continues.

Seldom are we honored to have among us great people.

In our history, and that of working men and women ,Ceasar Chavez was a "Great" person.

His recognition in Flint brings honor to his life and recognition of the fight of organized labor to build the middle class in America.Chavez was born on March 31, 1927.

The son of...... migrant laborers, Chavez founded the National Farm Workers Association (NFWA) and later the United Farm Workers (UFW).

He led a five-year nonviolent boycott against California grape growers, protesting poor working conditions and the use of pesticides harmful to farm workers.

The boycott became a cause celebre and was finally successful in winning new rights for workers. In 1994 Chavez was posthumously awarded the nation's highest civilian honor, the Presidential Medal of Freedom. Cesar Chavez passed away on April 23, 1993.Our world is better because Cesar Chavez was in it.

He deserves to be honored and Flint is a fitting place.
The fight goes on.

I attended on Sat a Flint Meeting of the Michigan Democratic Caucus Hispanic Latino Caucus. My Video follows, in will be updated through the weekend.Several candidate spoke to the group.http://www.flickr.com/photos/30366181@N05/sets/72157623591109583/show/

It was an honor to attend their meeting.
We are one community within the Democratic Party.
But nobody gives you position, you have to take it!

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MOM'S IMMMORALITY NOT A BIG DEAL SAYS TWO COURTS!

DAD LOSES A CHANGE OF CUSTODY ATTEMPT.

FLINT Divorce Attorney Terry R. Bankert discusses here several issues:
Motion to change custody; Brown v. Loveman; Powery v. Wells; Foskett v. Foskett; The best interest factors (c), (d), (e), and (f); Pierron v. Pierron; Truitt v. Truitt

Flint Divorce Lawyer Terry Bankert observes if they were residents of Michigan these Divorce laws would apply to Tiger Woods and Sandra Bullock as they do to you in your Family Laws conflicts.

THIS POST
http://goodmorningflint.blogspot.com/2010/03/moms-immmorality-not-big-deal-says-two.html

This unpublished Family law opinion was recently released by the Michigan Court of Appeals
The Divorce Case Name is Chrivia v. Chrivia. The article was circulated by e-Journal Number: 45369. The Judges who decided the case are Judge(s): Per Curiam - Servitto, Bandstra, and Fort Hood. The case is UNPUBLISHED and released on March 18, 2010. The Appellate Court number is v No. 293702. The local Family alw court was Lapeer Circuit Court Family Division. The lower court Divorce case number is LC No. 04-034925-DM

Flint Divorce lawyer Terry Bankert observes the Michigan Court of Appeals found no abuse of discretion in the Lapeer Family Courts balancing of the best interest factors.
Family law Attorney Bankert also observes Lapeer also did not error in finding the plaintiff-father failed to prove by clear and convincing evidence it was in the minor child's best interest to grant his motion for change of custody.

MOM AND DAD MARRIED IN 1989 SPLIT IN 2004

Plaintiff and defendant married in 1989 and divorced in 2004.

THERE IS ONE CHILD

The marriage produced one child (J), born in 2000.

JUDGMENT OF DIVORCE GRANTED JOINMT LEGAL AND PHYSICAL CUSTODY
The parties entered into a consent judgment of divorce granting them joint legal and joint physical custody.

DADS PLANNED MOVE TO WEST VIRGINIA

In 2007, the defendant-mother, concerned over plaintiff's imminent move to West Virginia, sought sole physical custody.

MOM GRANTED PRIMARY PHYSICAL CUSTODY

She was instead granted primary physical custody, and plaintiff was granted permission to move to West Virginia.

CHILD VISITS DAD WHO THEN PLAYS GAMES BY SEEKING PROTECTIVE ORDER

In January 2009, while J was with plaintiff in West Virginia, he sought and received in West Virginia courts an emergency protective order and temporary custody of J.

MOM SEEKS PROTECTION OF LAPEERR COURT

Meanwhile, defendant filed a motion in the Lapeer Circuit Court for J's return.

LAPEER SAYS IGNORE THIS NONSENSE IN WEST VIRGINIA AND GET THIS CHILD BACK TO MICHIGAN

The trial court informed plaintiff the temporary custody granted in West Virginia was without effect and he was required to return J to defendant, and attend a hearing in the trial court.

DAD COMES B ACK TO LAPEER WITH HIS TAIL BETWEEN HIS LEGS

Plaintiff complied, and on the date of the hearing filed a motion for change of custody.

DAD GETS A REFEREE NOT THE JUDGE

The FOC referee heard plaintiff's motion, taking testimony from plaintiff, defendant, and plaintiff's wife. The referee also interviewed J in camera.

DAD LOSES IN FRONT OF REFEREE

The referee recommended plaintiff's motion be denied, and made findings of fact on the record.

MOM LETS BOYFRIENDS LIVE IN CONFUSING THE MINOR CHILD. MOMS LUST ALLOWED DAD THE CHANGE IN CIRCUMSTANCES NECESSARY TO GET CUSTODY BACK INTO COURT. ROUND 1 DAD WINS

The referee found defendant having had two live-in boyfriends in the space of two and a half years was both a sufficient change of circumstances and a proper cause to allow a change of custody.

MOM HAS THE CUSTODIAL ENVIRONMENTROUND 2 DAD LOSES

The referee found there was an established custodial environment based on the length of time defendant had primary physical custody.

DAD PRESENTS HIS BEST INTEREST ARGUMENT. ROUND 3 DAD LOSES

Plaintiff's arguments were aimed at best interest factors (c), (d), (e), and (f). The referee explained plaintiff prevailed on factor (c) due to his higher income, but noted both parties were "struggling," and neither party was "suffering." Because the disparity in income was not dramatic, the referee did not give it great weight. With respect to factors (d) and (e), the referee expressed concerns about defendant's two live-in boyfriends.

LAPEER FAMILY COURT , YES THERE WERE CONCERNS BUT NO ENOUGH TO US. ROUND 4 DAD LOSES

The trial court agreed there were "certainly legitimate concerns about the Defendant's lifestyle and her manner of involvement of male companions in the child's life." The referee's and the trial court's concerns on the impact of defendant's decision to have her boyfriends live in the home with J did not impact the stability and prospects for stability of the home. Thus, there was no error in the handling of these factors.

MOMS LUST IN BRINGING MULTIPLE SEX PARTNERS INTO THE HOME WITH THE CHILD NON PER SE IMORAL?SAY WHAT?

The referee found the parties were equal as to factor (f), specifically rejecting plaintiff's argument cohabitation outside of marriage was per se immoral under case law. Affirmed.,

TOO BAD FOR DAD.

High Court supported the decision of the Lapeer Court. Nice try but too bad for Dad, again.

THE LAW APPLIED
　
BECAREFUL WHO YOU ELECT AS YOUR LOCAL FAMILY COURT DIVORCE JUDGE

The Michigan Court of Appeals will buy into any decision of the Lapeer Court unless the
court “made findings of fact against the great weight of evidence or committed a palpable abuse
of discretion or a clear legal error on a major issue.” MCL 722.28; Brown v Loveman, 260 Mich
App 576, 591-592; 680 NW2d 432 (2004).

IN FLINT FAMILY COURT AND ALL MICHIGAN DIVORCE COURTS CHANGE HAS TO BE FOUND TO ALTER AN OLD CUSTODY ORDER

The first step in deciding a motion for change of custody is determining whether proper
cause or change of circumstances merits such a change. MCL 722.27(1)(c); Powery v Wells, 278
Mich App 526, 527; 752 NW2d 47 (2008).

DAD HAD A HEAVY LOAD HERE

The party seeking the change bears the burden of establishing this by a preponderance of the evidence. MCL 722.27(1)(c).

MOM HAD THE IMMORAL CUSTODIAL ENVIRONMENT SAID DAD

The next inquiry is whether there is an established custodial environment. Powery, 278
Mich App at 528.

There was an established custodial environment based on the length of time defendant had primary physical custody. This finding is not against the great weight of the evidence. See Foskett v Foskett, 247 Mich App 1, 8; 634 NW2d 363 (2001).

THERE WAS CAUSE, CUSTODIAL ENVIRONMENT NOW WHAT IS IN THE CHILD BEST INTEREST

Having established that there is proper cause or a change in circumstances, and that there
is an established custodial environment, what remains to examine is whether plaintiff established by clear and convincing evidence that the change in custody is in the best interest of J. Powery, 278 Mich App at 528.

JUDGES HAVE TO FOLLOW OUR LAW.

The Legislature has enumerated the following 12 factors to be
considered when making the best interest determination:

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

(b) 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.

(c) The capacity and disposition of the parties involved to provide the
child with food, clothing, medical care or other remedial care recognized and

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

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

(f) The moral fitness of the parties involved.

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

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

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

(j) 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.

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

(l) Any other factor considered by the court to be relevant to a particular
child custody dispute. [MCL 722.23.]
　
JUDGES CAN PICK AND CHOOSE THE BEST INTEREST THEY WANT TO USE TO REACH THEIR OBNJECTIVE.

While the best interest factors must be considered, a trial court need not give each factor equal
weight. Pierron v Pierron, 282 Mich App 222, 261; 765 NW2d 345 (2009).

DID DAD PICK THE WRONG FACTORS TO MAKE A BIG DEAL ABOUT?

It appears as though plaintiff’s arguments are aimed at best interest factors (c), (d), (e),
and (f). The referee explained that plaintiff prevailed on factor (c) due to his higher income, but
noted that both parties were “struggling,” and that neither party was “suffering.” Because the
disparity in income was not dramatic, the referee did not give it great weight. With respect to
factors (d) and (e), the referee expressed concerns about defendant’s two live-in boyfriends. The trial court agreed that there were “certainly legitimate concerns about the Defendant’s lifestyle
and her manner of involvement of male companions in the child’s life.” The referee’s and the
trial court’s concerns on the impact of defendant’s decision to have her boyfriends live in the
home with Joshua does impact the stability and prospects for stability of the home. Thus, there
was no error in the handling of these factors below.

The referee found that the parties were equal with respect to factor (f), specifically
rejecting plaintiff’s argument that cohabitation outside of marriage was per se immoral under
case law. See Truitt v Truitt, 172 Mich App 38, 46; 431 NW2d 454 (1988)).

DAD DID NOT GET A HEARING INFRONT OF THE JUDGE

In sum, the referee considered all of the statutory factors, weighed them, and found that
the factor on which defendant prevailed outweighed the two factors on which plaintiff prevailed.
The trial court, reviewing the testimony, came to the same conclusion.

THE MICHIGIAN COURT OF APPEALS FINDS AGAINST THE FATHERS INTEREST

Posted here by
Terry Bankert
http://www.attorneybankert.com/
Check out our Statewide post
http://www.dumpmyspouse.com/

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TELL GOOGLE WE WANT THEM.

LET GOOGLE KNOW YOU WANT THEM TO SEIZE THE OPPORTUNITY IN FLINT MI!

The story from the Flint Area Convention and Tourist Bureau. Changing perceptions of Flint. 3/16/10
"
GOING TO GREAT LENGTHS FOR GOOGLE!

A press conference was held 8:30 A.M. TODAY in the "Genesee Regional Chamber of Commerce lobby to discuss the plans of a group of volunteers spearheading efforts to win the Google Fiber for Communities project for Genesee County."

"Here are some reasons to bring Google here:

• Fastest internet speeds in the world ... 100 X faster.• Network would be open for use to all ISP providers, which lowers prices.

• Increases the choices of communities’ internet access.

• Bring jobs to Genesee County. SAS Software as Service.

• Increase capacity of rural and suburban users.

• Increase the ability of rural communities to telecommute or be a tele-student.

• Increase the ability of gamers.

• Allow businesses to source parts for manufacturing and increase their bandwidth.

• Increase the ability of residents to innovate and create businesses and applications over the new network.

• Make Genesee County one of the few places in the world with this type of capacity.

• Give the business community access to Google business docs and online software. This will eventually make downloading software to your computer obsolete. We will be able to use software over the Internet.

• Flint has available to it funds from the American Reinvestment and Recovery Act that can be used in this capacity.

• This technology will push World Wide Web interactive media."

"This type of technology is revolutionary and will change the face of whatever community it's in. Let's make it Genesee County!"

"How can you help?

Take a few minutes to nominate Genesee County and help make ultra high speed Internet access a reality for our community.

You can go to this site and get involved today.
http://flintareabroadband.net/ "

"Then click on "Take Action." Nominate Genesee County today and encourage your family, friends and co-workers to do the same. The nomination form must be completed by Friday, March 26."

The show Google your support link
http://flintareabroadband.net/

TRB video
http://www.flickr.com/photos/30366181@N05/sets/72157623632274922/show/

TRB thumbnail
http://www.flickr.com/photos/30366181@N05/sets/72157623632274922/

Posted here by
Terry Bankert
http://www.dumpmyspouse.com

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POW-WOW, Racisim and a Question

GOOD MORNING FLINT!
03/14/10
By Terry Bankert, a Flint Divorce Lawyer sharing his opinion.

I attended several events yesterday. Following are my pictures and the story of the people who look like me. They do not preach separation, division, victimization just the purity of the earth, the human spirit, community and self determination.

My Pictures.
http://www.flickr.com/photos/30366181@N05/sets/72157623614697532/show/
　
The story.
http://www.mlive.com/news/flint/index.ssf/2010/03/native_american_tribes_honor_t.html

I attended the Environmental Racism conference. Pastor Bobbie Jackson and another were beacons of love compassion and mutual objectives.

The Detroit Operation were merchants of division , hate, and disappointing.

A question was raised as a result of a discussion with an agent of an institution I talked about several weeks ago.

Q; What is the responsibility of a hobby blogger to be factually correct. I am not a reporter. My comments are spontaneous reflection of the thoughts I have based upon in front of me, articles, comments, meetings.

This is filtered through my background and limited ability to write. No novels here. What is the responsibility of a hobby blogger to check out the facts like a reporter?

Posted here by
Terry Bankert
http://www.flintfamilylaw.com/

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FREE SOCIAL MEDIA WORKSHOP

GOOD MORNING FLINT!
03/13/10
by
Terry Bankert a Flint Divorce Lawyer sharing his opinion.

FYI, YOU ARE INVITED!

Social Media is Free and Our Sponsors are making it Free for you to learn how to utilize social media to enhance your business , public advocacy , community group, non-profit or political campaign.

Tuesday March 30, 2010 from 6:00 to 8:00 PM

Held at:

The Flint Area Chamber of Commerce
927 S. Saginaw Street
Flint, MI 48502

http://www.newflintchamber.com/

Sponsors
:::: Mc2 Technology :::
::: Law Office of Terry Bankert :::
::: Flint Area Chamber of Commerce
:::Instructors:::
Terry Bankert,
Scott McAuley,
JJ Roth,
Nick Singelis

For those of us who missed this boat during our college days, maybe because we majored in some other area, or because people still took notes with pen and paper during our university years (cough, cough), or maybe some of us didn't go the college route, there are some interesting things going on in universities today when it comes to learning the ins and outs of social media.

Today, you will find Communications and Marketing majors heavily involved in learning to use new media to their advantage.

The end result of these classes is going to be a wide range of young professionals entering the business world with tricks up their sleeve that some of the the old pros have no idea (or only a vague idea) about. Professionals will be on hand to help you every step of the way.

Just bring your Laptop or Netbook.

For more info call: 810 701 5227

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Become a Powerful Precinct Delegate

GOOD MORING FLINT!
03/12/2010
By Terry bankert
A Flint Divorce lawyer sharing his opinion

The foundation of power allocation in a major political party such as the Michigan Democratic Party is the Precinct Delegate.
http://www.michigandems.com/

All authorization for any action of the Michigan Democratic Party and its subset of Congressional District and County Political parties flows from the election of precinct delegate.

Traditionally the precinct delegates would file with their county clerk by May 11 2010. Your name would be on the ballot in August. After that would be County Conventions determining who from the county can attend the State Convention. Counties would send people to participate on the Michigan State Convention Committees.

The Counties no matter the number of people sent would have a pro rata share of a Congressional District representation at the State Convention.

Congressional District Delegations are comprised of precinct delegates from the counties in the congressional district. If you want an individual, or organizational voices like unions or caucus of like minded people you start by being a precinct delegate.

For instance if you are a union member and you want unions to dominate the Michigan Democratic Party you start by getting as many precinct delegates elected sympathetic to your cause.

The same holds for individual who wish to bring new life to the Michigan democratic Party you begin with getting as many like minded people to become Michigan Democratic Precinct Delegates.

There is a massive but quiet effort under way for some to preserve power by some and others to gain power in the Michigan Democratic Party.

This is done by recruiting and getting elected as many like minded people as yourself to the position of Precinct Delegate. I like everybody. It will strengthen the party to broadening the base of people who choose to participate within the Democratic Party as a precinct delegate. I am sure the current party leadership would agree. Plus its just a lot of fun , a unique experience and you meet a lot of new people.

Please consider running for the position of Michigan Democratic party precinct Delegate.

If you would wish to join in my efforts to promote Precinct Delegate elections and my efforts within the Independent caucus in the Democratic party contact me at terry@attorneybankert.com .

Filing requirements:

A person who wishes to seek a precinct delegate position must file an Affidavit of Identity with the clerk of his or her county, city or township of residence no later than 4:00 p.m. on May 11, 2010. Petition signatures are not required. (MCL 168.624)

Such candidates will appear on the August 3, 2010 primary ballot. A precinct delegate candidate may hold or seek any other public office in Michigan. As a consequence, a precinct delegate candidate may appear as a candidate for another office on the August 3, 2010 primary ballot.

An Affidavit of Identity form designed exclusively for use by precinct delegate candidates can be obtained through any county, city or township clerk’s office.

The Affidavit of Identity form is also available on the Michigan Department of State’s Web site: www.Michigan.gov/sos .

The availability of the precinct delegate Affidavit of Identity form does not preclude a precinct delegate candidate from filing with the standard Affidavit of Identity form if desired.

The following link takes you to your Affidavit of Identity. http://www.michigan.gov/documents/Aff-ID_Precnt_139901_7.pdf

Fill out this form get it notarized and turn in to your County Clerks Office. For most county Clerks office address please use the map at www.dumpmyspouse.com

Filing requirement for Michigan Precinct Delegate http://www.michigan.gov/documents/sos/Filing_Req_For_Precinct_Del_265309_7.pdf

Questions:
If you have any questions, please do not hesitate to contact the Michigan Department of State’s Bureau of Elections. Michigan Department of State Bureau of Elections Richard H. Austin Building – 1st Floor 430 West Allegan Lansing, Michigan 48918 Phone: (517) 373-2540 Fax: (517) 373-0941
Email: elections@michigan.gov

Posted here without fear or favor by
Terry Bankert
www.attorneybankert.com
Michigan County Map with County Cerk Address and Phone numbers at www.dumpmyspouse.com

Flint Talk Post http://flinttalk.com/viewtopic.php?p=54029#54029

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LAPEER MOM CAN MOVE 1000 MILES AND NOT AFFECT DADS RELATIONSHIP WITH THE CHILDREN

100 Mile rule! Thoughts from a Flint Divorce Lawyer.

Issues Discussed here by Terry Bankert a Flint Divorce Attorney:
Child custody;

Motion for a change of domicile; Brown v. Loveman; Mogle v. Scriver; Shulick v. Richards; MCL 722.31; Factors a, b, and c; Spires v. Bergman

From Court: Michigan Court of Appeals (Unpublished)
The Case Name: Woodward v. Woodward
Reviewed first at e-Journal Number: 45255
Michigan Court of Appeals Judge(s): Per Curiam - Servitto, Bandstra, and Fort Hood
When did the lower court release this? March 4, 2010, No. 294441,
Where did this case begin? Lapeer Circuit Court,LC No. 08-040752-DM

DID YOU KNOW

In My Flint Divorce and Statewide mediation practice often one parent wants to move. Did you know that when parents share joint legal custody of their children and one parent proposes to
relocate more than 100 miles away, a motion for change of domicile is governed by MCL
722.31. Spires v Bergman, 276 Mich App 432, 436-437; 741 NW2d 523 (2007); Rittershaus v
Rittershaus, 273 Mich App 462, 465; 730 NW2d 262 (2007). That statute provides, in pertinent
part: Before permitting a legal residence change. . . , the court shall consider
each of the following factors, with the child as the primary focus in the court’s
deliberations:

(a) Whether the legal residence change has the capacity to improve the
quality of life for both the child and the relocating parent.

(b) The degree to which each parent has complied with, and utilized his or
her time under, a court order governing parenting time with the child, and whether
the parent’s plan to change the child’s legal residence is inspired by that parent’s
desire to defeat or frustrate the parenting time schedule.

(c) The degree to which the court is satisfied that, if the court permits the
legal residence change, it is possible to order a modification of the parenting time
schedule and other arrangements governing the child’s schedule in a manner that
can provide an adequate basis for preserving and fostering the parental
relationship between the child and each parent; and whether each parent is likely
to comply with the modification.

(d) The extent to which the parent opposing the legal residence change is
motivated by a desire to secure a financial advantage with respect to a support
obligation.

(e) Domestic violence, regardless of whether the violence was directed
against or witnessed by the child. [MCL 722.31(4).]

IN THIS CASE

The Lapeer County Family court decision to grant the plaintiff-mother's motion for change of domicile was not an abuse of discretion. dad thought it was a bad decision. He was wrong.

IMPROVING THE CHILDS LIFE

These parents shared joint custody of their minor children. Father claimed the trial court erred by finding factor (a) favored permitting the relocation because mother failed to establish a move to Massachusetts would improve the quality of the children's lives.

MABEY COUNTS IN FAMILY COURT

Mother was not required to prove the move would improve the quality of their lives, only it had the capacity to do so.

CHILDS QUALITY OF LIFE STAYS THE SAME, EXCEPT FOR NOT SEEING DAD AS MUCH!

The Lapeer Family Court found, the evidence showed the children would have basically the same lifestyle regardless of where they lived, apart from the diminution in time spent with defendant.

MOTHER WAS MOVING TO A GOOD HOME

There was a suitable home in a suitable neighborhood in both communities, there were good schools in both communities, the children had friends in both communities, and they had a chance to see nearby relatives in both communities.

MOM THE PROVIDER LOST HER JOB, MOVED TO FIND ANOTHER

However, mother , who had been the children's sole source of financial support because father was unemployed, had lost her job and been unable to find new employment in Michigan, but she had some work available to her immediately in Massachusetts.

IF MOM STAYS IN MICHIGAN CHILD FINANCIALLY HARMED

The trial court tacitly recognized if mother were to remain in Michigan without work, the children's quality of life could be detrimentally affected.

MOM WINS FACTOR A

Thus, the trial court's conclusion with respect to factor (a) was not against the great weight of the evidence.

DAD DID NOT USE ALL THE PARENTING TIME THE COURT HAD ORDERED

As to factor (b), the Lapeer court found father had not taken full advantage of his parenting time.

DAD WAS THE BABY SITTER

Although the custody and support order entered in 2005 was not admitted into evidence, he admitted it gave him parenting time for half the summer and he had not exercised the time, apparently because of all the extra time he spent babysitting the children.

DAD STEPPED TO THE ;PLATE AND TOOK CARE OF THE CHILDREN WHILE MOM AT WORK! COURT SAYS THAT’S NO ENOUGH!

While father was seeing the children on a regular basis almost daily, the time spent with them for a few hours while mother was at work and on alternate weekends was not the same as being a full-time parent for five or six weeks at a time.

MOM WINS FACTOR B

Thus, the Lapeer court's conclusion with respect to this aspect of factor (b) was not against the great weight of the evidence.

COURT SAYS EVEN WITH THE 1000 MILE MOVE DAD CAN STILL BNE THE SAME KIND OF DAD TO THESE KIDS.

As to (c), the Lapeer court found it would be possible to work out a new visitation schedule adequate to preserve defendant's relationship with the children. This finding was supported by mothers testimony father had maintained regular telephone contact with the children during an extended vacation to Massachusetts, and by her testimony regarding a proposed visitation schedule.

MOM WINS FACTOR C.

Thus, the trial court's conclusion with respect to this aspect of factor (c) was not against the great weight of the evidence. Defendant did not challenge the trial court's findings regarding factors (d) and (e).

DO YOU BELIEVE THAT WAS THE RIGHT CONCLUSION?
SOMETIMES THE LAW IS USED TO REACH THE CONCLUSION THE COURT WANTS.

WHAT WAS THIS LAW?

1. Local courts like Lapeer have great discretion. For a higher court to reveres a lower court it must find abuse. Good luck with that one. An abuse of discretion in matters involving child custody exists where the result is so palpably and grossly violative of fact and logic that it evidences a perversity of will or the exercise of passion or bias. Shulick v Richards, 273 Mich App 320, 324- 325; 729 NW2d 533 (2006).

2.When mom and dad share joint legal custody of their children and one parent proposes to
relocate more than 100 miles away, a motion for change of domicile is governed by MCL
722.31. Spires v Bergman, 276 Mich App 432, 436-437; 741 NW2d 523 (2007); Rittershaus v
Rittershaus, 273 Mich App 462, 465; 730 NW2d 262 (2007).

3.That statute MCL 722.31 says:
Before permitting a legal residence change. . . , the court shall consider
each of the following factors, with the child as the primary focus in the court’s
deliberations:

(a) Whether the legal residence change has the capacity to improve the
quality of life for both the child and the relocating parent.

(b) The degree to which each parent has complied with, and utilized his or
her time under, a court order governing parenting time with the child, and whether
the parent’s plan to change the child’s legal residence is inspired by that parent’s
desire to defeat or frustrate the parenting time schedule.

(c) The degree to which the court is satisfied that, if the court permits the
legal residence change, it is possible to order a modification of the parenting time
schedule and other arrangements governing the child’s schedule in a manner that
can provide an adequate basis for preserving and fostering the parental
relationship between the child and each parent; and whether each parent is likely
to comply with the modification.

(d) The extent to which the parent opposing the legal residence change is
motivated by a desire to secure a financial advantage with respect to a support
obligation.

(e) Domestic violence, regardless of whether the violence was directed
against or witnessed by the child. [MCL 722.31(4).]
　
4. Mom had the burden of bringing the evidence. The party , mom here, seeking a change of domicile has the burden of proving by a preponderance of the
evidence that the change is warranted. Brown, 260 Mich App at 600.

5. The high court did not say it was the right decision only that the decision allowing mom to
change domicile was not an abuse of discretion.

Posted here byTerry Bankert
http://www.attorneybankert.com/
Find your county Family Court House State Wide.
http://www.dumpmyspouse.com/

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WE NEED A COUNTY TREASURER

COUNTY NEEDS THREE MILLION DOLLARS, QUICK

This debacle is the very reason why Genesee County needs an experienced Genesee County Treasurer. Just where will 3 million come from? Did Kildee know this was going to happen?

In this economic down turn we need the experience of Lee Gonzales in the County Treasurers position. Gonzales would keep us informed.

Combine this with the huge land use issues at the Land Bank run by the treasurer shows we need an accountable County Treasurer now.

Lee Gonzales worked in the treasurers office for 7 years.

We trust Lee.

The County Treasurer appointment should be made now and it should be Lee Gonzales

http://www.mlive.com/news/flint/index.ssf/2010/03/with_property_tax_receipts_fal.html

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Our next Governor introduced.

GOOD MORNING FLINT
By Terry Bankert 03/06/10
A Flint Divorce Lawyer sharing his opinion.
DA MAYORVIRGIL BERNERO JUS WHO IS DIS GUY, EH!
A MESSAGE TO YOU!!
http://www.youtube.com/watch?v=wgB26Xgk5p4&feature=player_embedded

It appears that Genesee county cannot keep a favorite son in the race. If you read political tea leaves who will lead the Dem’s ticket in November? This Lansing Mayor is a fiery street tough campaigner. Can he govern? Probably. Is he better than demo dead duck Dillion and the clowns the republican are putting up? Heck yes.

Ironically Kildee lamented weeks ago when he got the sense that he would be odd man out: Does organized labor want somebody who is a good campaigner or someone who would be a good governor? It was a good question and turns out Kildee was not the answer.[6]

My mind is open, I just did not know who dis guy Vergie is. Following are my notes to find out. With him in this campaign will be fun. I plan on starting some internet stuff. It just might be better to bring me into the tent.
　
TALK ABOUT BEING GROOMED!

LABORS NEW MICHIGAN DARLING!
Democratic consultant Joe DiSano told Michigan Messenger. Specifically, he said labor endorsements would go to Bernero,…[5]

CURRENT MAYOR

DEMOCRAT

LEGISLATIVE AIDE

COUNTY COMMISSIONER

STATE REPRESENTATIVE

STATE SENATOR

NOW MICHIGAN GUBENATORIAL CANDIDATE

DA MAYOR GOES A FEW ROUNDS WITH THE FOX NEWS TWERPS
If FOXNews thought the mayor of Lansing, Michigan would serve as a convenient punching bag in their fight war against working America, they were wrong! Bernero was born into a UAW family in Pontiac. Watch Mayor Virgil Bernero go Jake LaMotta on the hapless rightwing "news" anchor.Priceless!I'd pay to watch the mayor go a few rounds with Puffy Hannity. Mayor Virg - a workingman's fighter!

SEE:
http://www.youtube.com/watch?v=a-nLS6FJtSM&feature=player_embedded
　
Virgil Bernero (born March 31, 1964 in Pontiac, Michigan[1]) is the current mayor of Lansing, Michigan, elected on November 8, 2005. He is a member of the Democratic Party. Prior to serving as mayor, Bernero served as a legislative aide, an Ingham County Commissioner and as a legislator in the Michigan House of Representatives and the Michigan Senate. He is a candidate for Governor of Michigan in 2010..[1]
　
He said he’s got three priorities: making credit companies stop charging outrageous interest rates; put a two-year moratorium on mortgage foreclosures and work with universities and colleges to implement a tuition freeze.[4]

LIFE SHAPING EVENTS
Virg Bernero was born March 31, 1964 in Pontiac, Michigan in the Metro Detroit area. He was the youngest of five children born to Giulio, an Italian immigrant, and Virginia, a first generation Italian-American. Bernero has said that the diagnosis of schizophrenia of one of his brothers, and the death of another brother to AIDS in 1990 (on the same day he was elected to the Ingham County Commission) have helped to shape his life and politics..[1]

EDUCATION
Bernero graduated from Waterford Mott High School in 1982, and from Adrian College in 1986, with a B.A. in political science. He is married to Teri Johnston, with whom he has two daughters, Kelly and Virginia..[1]

15 SECONDS OF FAME
In 2007, Bernero appeared in the documentary Fired! by Annabelle Gurwitch, who became famous after being fired from by Woody Allen under controversial circumstances.[citation needed] The film chronicles the experiences of individuals who have been fired from their jobs. In it, Bernero was interviewed about his efforts to pass a law that would make it illegal for Michigan employers to fire their workers at will or for "moral or ethical reasons.".[1]
Early work

COUNTY COMMISSIONER RACE LOST
Bernero began his involvement in government in 1986, running unsuccessfully for county commissioner in Oakland County. [1]

WORKED FOR GARY OWEN
In 1987, he became a legislative analyst to House Speakers Gary Owen and Lewis Dodak in the Michigan House of Representatives. [1]

COUNTY COMMISSIONER RACE WON
In 1991, he was elected an Ingham County commissioner, where he represented south Lansing for eight years. [1]

OUT OF WORK WENT TO FUNDRAISING
In 1995, Bernero served for four years as a development officer for Alma College and as executive director for the Michigan Association for Children with Emotional Disorders (MACED).[1]

HE KNEW PEOPLE, BACK TO LEGISLATIVE AIDE NOW SENATE
He then served again as a legislative aide in the Michigan State Senate for Senator James Berryman, later moving to various advocacy roles..[1]
Michigan State Representative, IMMEDIATELY TO STATE SENATE
Bernero ran for and won a seat in the Michigan House of Representatives in 2000, serving one term before being elected to the Michigan State Senate in 2002.[1]

KEVINS LAW GUY
During his tenure as State Representative, Bernero co-sponsored Kevin’s Law, which was signed into Law on December 29, 2004. Kevin’s Law allows judges to order outpatient treatment for people with untreated severe mental illnesses who meet specific criteria, including a recent history of hospitalizations, incarcerations, or behaviors deemed dangerous to themselves or others because of any illnesses. .[1]

EMPLOYEE RIGHTS GUY
As a State Senator in 2005, Bernero sponsored Senate Bill no. 381 to keep private from employers what employees do on their own time. Weyco Inc., a health benefits administrator located in Okemos, Mich adopted a policy Jan. 1, 2005 stating that all employees had to be smoke free or they would be subject to termination, even if they were smoking after business hours or at home. The company says the policy was put into place to promote healthier lifestyles and save the company money on employee health care coverage. Bernero’s belief is that the rights of employees should be upheld and what they do on their own time should not be any business of the companies. .[1]

TOOK ON ENGLER
Bernero tried to pass additional mental health legislation, and discussed his opposition to then-Governor John Engler, who pushed for cutting these services. About the reduction of services, Bernero said, “We cut the services, and we end up paying for them in the prison system. It’s inhumane.” .[1]

DARLING OF LGBT COMMUNITY
In 2004, Bernero was given the Ray of Light Award for “Outstanding contributions to the LGBT community,” along with Rep. Gretchen Whitmer and Representative Michael Murphy. .[1]
Mayor of Lansing

RAN AND LOST
In 2003, Bernero ran for mayor of Lansing against incumbent mayor Tony Benavides, who was finishing out mayor David Hollister's term, who had resigned to serve in Gov. Jennifer Granholm's administration. Bernero lost by 258 votes.[9]

CAMPAIGNED AGAIN AND WON
He returned to the state Senate, and launched another campaign for Lansing mayor two years later in 2005. He defeated Benavides, winning 62% of the vote..[1]

MUNICIPAL DEVELOPMENT GUY
During Bernero’s tenure, his administration leveraged over a half-billion dollars in new investment in Lansing. Among the largest redevelopment projects was secured in 2008 when the Accident Fund Insurance Company of America announced it would relocate its national headquarters to downtown Lansing into a former Utility Power Station Facility. .[1]

REGIONAL ECONOMIC DEVELOPMENT GUY
In 2007 Bernero partnered with East Lansing Mayor Sam Singh to launch the area’s first regional public-private economic development initiative, LEAP (Lansing Economic Area Partnership)..[1]

NATIONAL AUTOMOTIVE COALITION SUPPORT GUY!
In 2008, Bernero and mayors and municipal managers from six states traveled to Washington, D.C. to lobby the United States Congress for federal bridge loans for the Big Three Automakers. The group still lobbies for American automotive companies under the newly established national organization, The Mayors and Municipalities Automotive Coalition (MMAC). Bernero was elected chair of the Coalition in late 2008. [12][13][14]
Bernero officially announced on May 2, 2009 that he will seek re-election.[15] Bernero faced Councilwoman Carol Wood and Attorney Charles Ford in the 2009 mayoral primary election..[1]
ELECTED MAYOR
On 4 August 2009, the Lansing primary election results reduced the field of candidates from four to two. Bernero took the highest vote count with 43.93 percent, followed by Councilwoman Carol Wood with 37.71 percent. Attorney Charles Ford (15.51 percent) and LCC cook and musician Ben Hassenger (2.85 percent) did not earn enough votes to participate in the general election..[1]

RE ELECTED MAYOR
Bernero was re-elected as mayor of Lansing in November 2009, winning against opponent Carol Wood with a total of 62.55 percent of the vote count.
DA future Govs path way was made smother when Big Labor made an offer to Dan Kildee he could not refuse. Get the HECK outta the way!

THE ONLY LONG TERM BENEFIT TO CARRYING POLITICAL WATER IS TO THE HORSE THAT DRINKS IT.
Despite his years of carrying the water for labor in Genesee County, it was labor that rewarded Kildee by hanging him out to dry. [6]

Posted here by
Terry Bankert
http://www.dumpmyspouse.com/
　
　
[1]
http://en.wikipedia.org/wiki/Virgil_Bernero
[2]
http://www.votevirg.com/
[3]
http://michiganmessenger.com/34684/bernero-chastised-bowman-forms-exploratory-committee
[4]
http://www.freep.com/article/20100208/NEWS15/100208007/1318/Bernero-enters-governors-race
[5]
http://michiganmessenger.com/35448/is-the-uaw-poised-to-endorse-bernero
[6]
http://skoopsblog.blogspot.com/

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CONSIDER COUNTY EXECUTIVE?

Many think Government is broken. Some say its Too big, some say specific programs are too small, wrong policies and no trust!What of local government? Is it time to disband villages, townships,and Cities in Genesee County and consolidate public service delivery and "quality of life" and business economic development into the position of Genesee County Executive? Where it exists in this state does it "fix" local government? Looking at the Oakland County Executive, do we want this? http://www.oakgov.com/exec/

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