Did you know that if DNA shows you to be the father of a marriedwoman's child you have no rights to see your child in Michigan!

Did you know that if DNA shows you to be the father of a married woman's child you have no rights to see your child in Michigan!,
originally uploaded by terrybankert.

GOOD MORNING FLINT!


Date12/18/2011

By Flint Divorce Bankruptcy Attorney Terry Bankert. Downtown Flint Lawyer 235-1970


FLINT OR MICHIGAN FATHERS CHILD CUSTODY AND PARENTING TIME RIGHTS

Michigan Child Custody and Parenting time Law keeps Matt Dykema from seeing his young daughter and having child custody and parenting time, he cannot be the father that DNA says he is.[see 1]

FATHERS HAVE A VARIETY OF PRESSURES WHEN THEY TRY TO SEE THEIR CHILDREN

FOR INSTANCE - Kate Gosselin shares custody of her eight kids with their father Jon Gosselin . While a divorce can be messy, it is always encouraging when the parents find a new partner who is willing to, not only accept them, but also their children. Apparently Jon has found that and if a new report is to be believed, Kate is slightly jealous that her kids have taken so well to his girlfriend.[4]

IT JUST FEELS HORRIBLE AND UNFAIR THAT A CHIULD DOES NOT GET TO KNOW THEIR BIOLOGICAL FATHER IF HE STEPS FORWARD UNDER MICHIGAN LAW!


Good Morning Flint! is the daily blog of Flint Divorce lawyer Flint Bankruptcy Attorney Terry Ray Bankert 810-235-1970 If you have legal question call or contact through http://www.attorneybankert.com/



Under Flint Divorce and Michigan divorce and child custody Law today the current husband is presumed by the law to be the “father” of a child when the married party may not have had contact for years. Is that fair?


The Biological Flint or Michigan father can not even get his case heard in a Michigan Family Law Court. The plaintiff must allege that the child was born out of wedlock. Girard v Wagenmaker, 437 Mich 231, 470 NW2d 372 (1991). This requirement frequently creates a problem of standing if a man seeks to establish his paternity when the mother was married to another person during any part of the pregnancy.[2]

see here; http://goodmorningflint.blogspot.com/2011/12/did-you-know-that-if-dna-shows-you-to.html
WHAT IF DNA PROVES HE IS THE FATHER


A DNA test proves Matt Dykema is the girl's father, but the baby's mother was married to another man when the child was born. The two have since divorced.[1]

CHILD BORN IN THE MARRIAGE IS OF THE MARRIAGE


News articles say that A 1956 Michigan law says a child born during a marriage is a product of the marriage. Judges follow that law when deciding custody issues. It gives the ex-husband more rights than the biological father.[1] SEE http://terrybankert.blogspot.com/2011/12/dna-may-prove-you-to-be-father-but-does.html

More specifically the rights of a biologoical father not married to the mother to see the child do not exist in Michigan. The Child Custody Act of 1970, MCL 722.21 et seq., is no longer used to determine paternity. A putative father may not seek custody or parenting time under the Child Custody Act unless there is first an acknowledgment of paternity or an order of filiation under the Paternity Act. Hoshowski v Genaw, 230 Mich App 498, 584 NW2d 368 (1998); Afshar v Zamarron, 209 Mich App 86, 530 NW2d 490 (1995).[2]

DID YOU KNOW -In divorce proceedings, the general rule in Michigan is that the court does not have the power to litigate the rights of persons other than the husband and the wife. Yedinak v Yedinak, 383 Mich 409, 175 NW2d 706 (1970). In addition, the authority of the court is purely statutory, Flynn v Flynn, 367 Mich 625, 116 NW2d 907 (1962), and no statute provides for determination of the paternity of a third party as part of a divorce action, Pruitt v Pruitt, 90 Mich App 230, 282 NW2d 785 (1979). However, the court may determine the paternity of the husband during such a proceeding. Serafin v Serafin, 401 Mich 629, 258 NW2d 461 (1977); Atkinson v Atkinson, 160 Mich App 601, 408 NW2d 516 (1987). A court must have in personam jurisdiction over the husband to make a paternity determination pursuant to a divorce decree. Gonzales v Gonzales, 117 Mich App 110, 323 NW2d 614 (1982).[3]

MICHIGAN PRESUMES THE CHILD TO BE OF THE HUSBAND AND KEEPS ALLEGED BIOLOGICAL FATHERS OUT.

According to statute and caselaw, there is a strong presumption that any child conceived or born to a married couple before commencement of a suit for divorce is legitimate; this presumption may be rebutted only by clear and convincing evidence. Raleigh v Watkins, 97 Mich App 258, 293 NW2d 789 (1980); Johnson v Johnson, 93 Mich App 415, 286 NW2d 886 (1979). Michigan courts allow a husband and wife to testify regarding a child’s paternity. Serafin. [3]

A finding of fact in a divorce decree that a child was born of the parties’ marriage establishes the child’s paternity. Hackley v Hackley, 426 Mich 582, 395 NW2d 906 (1986). Once a child is determined to be a child of the marriage in a divorce judgment, the doctrine of res judicata bars relitigation of paternity, even if the issue was not contested in the divorce. In re Cook Estate, 155 Mich App 604, 400 NW2d 695 (1986). In Cook, a mother whose deceased child was declared to be a child of the marriage in the divorce judgment was barred from asserting in a subsequent proceeding that her former husband was not the child’s biological father. In Rucinski v Rucinski, 172 Mich App 20, 431 NW2d 241 (1988), a father’s attempt to deny paternity of a child born during a marriage that ended in divorce was barred by res judicata. Since he had not denied paternity during the divorce proceedings, the divorce judgment and support order constituted an adjudication of paternity.[3]

IN DYKEMA MOM THEN DIVORCED AFTER THE BIRTH, EX HUSBAND WILL NOT GIVE UP HIS RIGHTS.


Matt Dykema and his attorney have requested the woman's ex-husband relinquish his rights but, so far, he has refused. It has Dykema and his Muskegon attorney Chris Houghtaling looking to Lansing for help -- and they might get it.[1]

BILL PENDING TO GIVE BIOLOGICAL FATHER RIGHTS


In December, the Michigan Senate unanimously approved four bills that would update the old law. It's the work of Senator Rick Jones, a Republican from Eaton Rapids. [1]

JUDGES TO HAVE MORE FLEXIBILITY

Jones says his legislation would allow judges more flexibility to hear and rule on cases like the one in Ottawa County, ultimately allowing them to make decisions based on what's best for the children.[1]

LEGISLATURE TO ARGUE ISSUE IN 2012

The House Judiciary Committee is expected to take up the bills in 2012. [1]

WHAT THE FATHER NEEDS IS AN ORDER OF PATERNITY

The stated purposes of the Michigan Paternity Act (Paternity Act), MCL 722.711 et seq., are to confer on circuit courts jurisdiction over proceedings to compel and provide support of children born out of wedlock; to prescribe the procedure for determining such liability; to authorize agreements for furnishing such support and to provide for enforcement; and to prescribe penalties for the violation of certain provisions of the Paternity Act. Most paternity actions in Michigan are brought under the Paternity Act. If paternity is not voluntarily established, the party seeking a finding of paternity must file suit in the family division of the circuit court. The mother, the alleged father, or the Department of Human Services (DHS) may bring the action. Genetic testing is available as a valuable and objective means of resolving paternity cases before trial. If a determination of paternity is made, the court must enter an order of filiation. The order of filiation must provide for the support of the child, reimbursement of the medical expenses incurred in the child’s birth, health care insurance coverage when it can be obtained at a reasonable cost, and support for the period before the order was entered.[2]



The purpose of the Paternity Act is to provide for support of children born out of wedlock. Van Laar v Rozema, 94 Mich App 619, 288 NW2d 667 (1980); Tuer v Niedoliwka, 92 Mich App 694, 285 NW2d 424 (1979); Smith v Robbins, 91 Mich App 284, 283 NW2d 725 (1979); Boyles v Brown, 69 Mich App 480, 245 NW2d 100 (1976). The act confers jurisdiction on the circuit courts to compel and provide support for children born out of wedlock, to set forth procedures to determine liability, to authorize agreements providing for support and enforcement of such agreements, and to prescribe penalties for violation of certain provisions of the act. MCL 722.711 et seq.[2]



722.714 Paternity proceeding; parties; venue; action not required; commencement of action; statute of limitations; initiating and conducting proceedings; utilization of child support formula; verification of complaint; charge; summons; default judgment; genetic paternity testing; next friend or guardian ad litem; rights of indigent defendant; order of filiation.


SOURCES THIS ARTICLE

[1]

http://www.wzzm13.com/news/article/190315/2/Biological-father-seeks-help-gaining-parental-rights


[2]

Michgian Family Law ch 21 (Hon. Marilyn J. Kelly et al eds, ICLE 7th ed 2011), at

http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2011553510&chapter=21


(last updated 12/09/2011

[3]

http://www.legislature.mi.gov/(S(0sju2nu33jxa5145ihib0x55))/mileg.aspx?page=getobject&objectname=mcl-722-714


[4]

http://celebs.gather.com/viewArticle.action?articleId=281474980922294




LEGAL
Flint Divorce Law
http://dumpmyspouse.com/

Flint Bankruptcy Law
http://www.nojokebeingbroke.com/

FLINT NEWS
http://www.mlive.com/news/flint/

Poll: Should a community consider contracting police services with the sheriff's department if it saves money?
http://www.mlive.com/news/flint/index.ssf/2011/12/poll_should_a_community_consid.html

Specificaly should Mr Brown Flints Financial Manager should strongly consider (emphasis on consider) doing what Oakland County did with Pontiac PD


http://www.abc12.com/category/210512/news

WNEM TV5

The Senate voted Saturday to temporarily avert a Jan. 1 payroll tax increase and benefit cutoff for the long-time unemployed, forcing a reluctant President Barack Obama to make an election-year choice between unions and environmentalists over whether to build an oil pipeline through the heart of the country.

http://www.wnem.com/

FOX 66

NYC Protesters Mark 3 Months of Occupy Wall Street

A group of protesters have gathered in a small New York park to mark three months since the start of the Occupy Wall Street movement.

http://wsmh.com/

FLINT AREA EVENTS

Magic Trip

Presented by Flint Institute of Arts at Flint Institute of Arts

December 16-December 18, 2011

The Friends of Modern Art film series at the Flint Institute of Arts presents a free-wheeling documentary from the makers of "Enron: The Smartest Guys in the Room" and the Oscar-winning "Taxi to the Dark Side." This film chronicles the fabled journey across 1960s America by writer Ken Kesey ("One Flew Over the Cuckoo's Nest") and his band of pals known as the Merry Pranksters.

http://www.geneseefun.com/


http://www.abc12.com/category/216182/abc12-calendar-notebook


FLINT AREA ENTERTAINMENT

http://www.mlive.com/entertainment/flint/




-



WEATHER

-

http://www.bing.com/weather/search?q=weather%20flint&unit=F&qpvt=weather+flint&FORM=DTPWEA


-



PRICE OF GAS IN FLINT

-

http://flintgasprices.com/


-

http://www.abc12.com/category/213633/gas-gauge




-

FLINT AREA SCHOOL CLOSINGS

http://www.abc12.com/category/213603/school-closings


-



-

MICHIGAN NEWS

-

http://www.mlive.com/news/


-



OCCUPY MOVEMENT-MICHIGAN

-

http://occupyforall.wordpress.com/


-

http://www.occupyflint.org/


-

FLINT CHARTER REVISION PETITION DRIVE UPDATE

Petitions are in the field.



-

FLINT AREA OBITUARIES



http://topics.mlive.com/tag/Flint%20Obits/index.html


-

MIDMICHIGAN BUSINESS

http://www.mlive.com/business/mid-michigan/


-

FLINT AREA SPORTS

http://www.mlive.com/sports/flint/


-

FLINT LIVING & COMMUNITY Weddings, Engagements, Births, Anniversaries, Obituaries & More



http://www.mlive.com/living/flint/


-

JOBS

http://www.mlive.com/jobs/


-

CLASSIFIED ADS

http://classifieds.mlive.com/






******

Sphere: Related Content

Origional Occupier

Origional Occupier,
originally uploaded by terrybankert.

Good Morning Flint!
GOOD MORNING FLINT!


Date: 12/16/11

Q: Can the Flint Emergency Manager Terminate a City Offical from the position of Flint Mayor, Flint City Council of Flint Ombudsman.

The link below is the order of the Flint Emergency Manager in its entirety. Please note that he correctly cites a statute authority to eliminate City Departments. He clearly refers to the Flint Ombudsman as an “ Office”. He then terminates an Office when his only authority was to eliminate a department. Just a word..Office...what can it mean. He can eliminate a department, but can he t terminate an individual or officia?. Well he cannot eliminate the office of Mayor. He cannot eliminate the office of City Council. I argue he cannot eliminate the office of City of Flint Ombudsman. Gee, if I am right here what are the implications for the Office of Ombudsman? Where else could he be overstepping his authority, if he has? What do you think.- Terry Bankert of Flint-

http://www.cityofflint.com/FinancialMgr/pdf/11EM005.pdf

Good Morning Flint! is the daily blog of Flint Divorce lawyer Flint Bankruptcy Attorney Terry Ray Bankert 810-235-1970 If you have legal question call or contact through http://www.attorneybankert.com/

LEGAL

Flint Divorce Law
http://www.attorneybankert.com/

DID YOU KNOW?

Spousal support payments are taxable under IRC 71 and deductible under IRC 215 if certain requirements are satisfied.

Statutory requirements. The following are the more significant statutory requirements for taxable/deductible treatment:

Cash payments. Payments must be in cash (the use of a residence, i.e., imputed rent, does not qualify).

Termination on the payee’s death. The payer’s obligation to make the payments must terminate when the payee dies; furthermore, there must be no obligation for the payer to make any payment as a substitute after the payee’s death (such as a continuation of payments to the payee’s estate or to children of the marriage).

Not designated as child support. The payments must not be designated as child support (although “unallocated family support” payments—constituting both spousal support and child support—may qualify if certain requirements are satisfied).

Spousal support recapture. Qualifying payments that are disproportionately skewed or bunched in the first couple of years after settlement may be subject to recapture. The recapture rule applies during the three calendar years beginning with the first year payments are made.

When there is excess front-loading, recapture means that a portion of payments deducted by the payer and taxed to the payee will flip, that is, become taxable to the payer and deductible by the payee.

The purpose of recapture is to discourage labeling property settlement payments as spousal support to obtain a tax deduction. Property is likely to be paid in a lump sum at or near settlement; spousal support is more likely to be paid in level annual payments over time.

Recapture will not occur unless:

$15,000 threshold. Annual spousal support payments exceed the $15,000 statutory allowance.

Decline of payments during the first three years. Annual payments decline from one year to the next by more than $10,000 either from the first calendar year in which payments are made to the second or from the second calendar year to the third. Thus, a decline in spousal support payments after the third calendar year will not result in recapture.

The following are exceptions to these requirements:

Death or remarriage. Recapture will not result if a decline in or termination of spousal support is incident to the death of either party or the remarriage of the payee spouse.

Fluctuating income. This exception applies if payments drop by more than $10,000 from one year to the next during the three-year measuring period due to a decline in income (e.g., an annual bonus or incentive pay award) to which the payee spouse is entitled to a certain percentage.
SEE
http://www.icle.org/modules/books/chapter.aspx?Chapter=9&book=2006553550&lib=family#i2006553550-ch9-ti2
-
http://dumpmyspouse.com/
-
Flint Bankruptcy Law
-

http://www.nojokebeingbroke.com/
-
FLINT NEWS
-

http://www.mlive.com/news/flint/
-
http://www.abc12.com/category/210512/news
-

FLINT AREA EVENTS

http://www.geneseefun.com/

http://www.abc12.com/category/216182/abc12-calendar-notebook

FLINT AREA ENTERTAINMENT

http://www.mlive.com/entertainment/flint/
WEATHER

http://www.bing.com/weather/search?q=weather%20flint&unit=F&qpvt=weather+flint&FORM=DTPWEA

PRICE OF GAS IN FLINT
http://flintgasprices.com/

http://www.abc12.com/category/213633/gas-gauge

FLINT AREA SCHOOL CLOSINGS

http://www.abc12.com/category/213603/school-closings

MICHIGAN NEWS
http://www.mlive.com/news/

OCCUPY MOVEMENT-MICHIGAN
http://occupyforall.wordpress.com/

http://www.occupyflint.org/


FLINT CHARTER REVISION PETITION DRIVE UPDATE

Petitions are in the field.

FLINT AREA OBITUARIES

http://topics.mlive.com/tag/Flint%20Obits/index.html

MIDMICHIGAN BUSINESS

http://www.mlive.com/business/mid-michigan/

FLINT AREA SPORTS

http://www.mlive.com/sports/flint/



FLINT LIVING & COMMUNITY Weddings, Engagements, Births, Anniversaries, Obituaries & More

http://www.mlive.com/living/flint/

JOBS

http://www.mlive.com/jobs/

CLASSIFIED ADS

http://classifieds.mlive.com/


******

Sphere: Related Content

TZU, Flintoid and a couple of Occupiers

TZU, Flintoid and a couple of Occupiers,
originally uploaded by terrybankert.

Subdue the powerful without fighting by causing stuff to happen that allows them to decide it is not in their interest to attack/control/"act on you".If you cannot win do not use troops. If you are not in danger do not fight. All warfare is based upon deception. ( see, SUN TZU " The Art of War")




Yesterday there were concerns of eviction. Today  there are  none.


Yesterday there was chaos,suspicion,betrayal, false leaders, fear, mission doubt and self doubt at OCCUPY FLINT. Today I sense there is a recommittment to the Occupy Movement and individual responsibilities in a consensus driven participatory democracy


Today we / I have a calm realization that in a protest movement founded on confontation of power making no apologies .....stuff happens


Post above by Terry Bankert






THINGS HAPPENING AT OCCUPY FLINT, [reposting]

Justin Beckley ill spread the word Protest 2-5 @ North ZBank Center (stabenaws office)...against the NDA

from facebook pertaining to 12/13/2011


*****

GA usually around 7 pm every day.

****

Michael Burton from facebook

A summary of what happened today:12/12/2011

This morning Occupy Flint was served with a notice that the property owner(s) wanted us to leave the site. This was based on information flowing from unconfirmed sources, upon which some Occupy Flint members acted without consensus from the GA, asking for help dismantling the camp when in fact there was no actual order or citation yet seen by us.

Following up on the rumor that the City Code Enforcement Office was about to cite the camp for violations, calls were made. This is what was discovered:
...
Some pressure from downtown businesses and the Durant hotel owners was put on the city code enforcement office to do.... something, anything, to make OF go away (because, apparently, of the amount of support pouring from Flint residents--it was making them nervous). So Someone close to the code enforcement office heard talk about citing the camp, and informed one of our members, who reacted as though a shut-down was a done deal.

Upon hearing the allegations that were flying, the property owner(s) decided it was too much drama (and probably they were under pressure from many of the same sources as the enforcement office), and so they asked us, very nicely, to leave.

Then, as time permitted, a more thorough investigation took place and we learned that
the city attorney's office said there is NO plan to cite the camp or to try and find reasons to cite the camp.

With this information, the property owner(s) agreed Occupy Flint could stay, unless of course the property gets sold.

see
https://www.facebook.com/photo.php?fbid=2626791160952&set=a.1487110429646.71351.1590497652&type=1&theater





*****

Erin Erwin from facebook  see next post on petition

workshop in Lansing on Friday. It is a splendid opportunity to learn very much from someone who has been working with petitions and campaigns for a very long time! This is an update and change of location for this committee. I will be at Wise Guyz Pizza at 8 to have an informal, brief meeting on this and a few other subjects relative to it. [today 12/13/2011]

[see post below a to topic-trb]

*****

Erin Erwin on facebook

So, here is what I have been talking to some of you about and I'd like to post this status as an opportunity for any of you who may be interested in petition circulation. The meetings I have been attending are all relative to ending marihuana prohibition. The text I'm sharing is work so far on actual language attorneys have spent much time preparing and may be slightly changed but I want to share it to get some opinions, if any at all.

"CONSTITUTION AMENDMENT TO END MARIHUANA PROHIBITION IN MICHIGAN

A petition to amend the Michigan Constitution Article 1, to add;

Article 1 Section 28, Repeal of Marihuana Prohibition.

For persons at least 21 years of age, who are not incarcerated, marihuana acqusition, cultivation, manufacture, delivery, transfer, transportation, sale, possession, religious, medical or personal use, ingestion, presence in or on the body, or possession or use of paraphernalia shall not be prohibited abridged, or penalized in any manner; nor subject to civil forfeiture; provided that no person shall be permitted to operate a motor vehicle while impaired."

Awesome, right?!

Bill Schuette, our Attorney General has a long history in his family with DOW Chemical. Understandably from his point of view... he doesn't want marijuana to be legalized because it would negatively impact that company because of the various uses marihuana would provide and impact that particular industry. This is an incredible 'local' example of what kind of corporate interests control politicians and personal agendas they are following instead of meeting the requests and demands of The People first. The Attorney General is a public servant... and with his clear and strong opposition to our current Medical Marihuana Laws, it shows well how little he cares about you and yours.

This status is a call to action! Take some time to contact me with what you can bring the table if you'd like and I can help get you on board with tasks... even if you don't feel you have time to physically support this petition circulation... there are many other things you can do, even from the very chair and computer or phone you are reading this from. : ]

Closet marijuana users, Occupation brothers and sisters, friends, neighbors... all of you! I am asking for your help, come January, when this petition will be ready.

Food, fuel, fiber, clothing, medicine, JOBS and so much more...! We The People have a Voice so let's show the government what We want and what We need!

I want to add that I still plan tomorrow on holding a brief committee tomorrow evening after a GA regarding an actual workshop on Friday that I will be attending regarding petition circulation. It will involve going to Lansing on Friday and collecting information from people who would like to become involved with this very thing.

I will also be bringing forward a proposition for Occupy Flint to support this petition and circulate it after a concrete petition sheet is in my hands so you all know exactly what you're agreeing to....end from Erin Erwin

****

Daily protes under the Bank of America sign downtown Flint.

Sphere: Related Content