Friday, May 2, 2008

PLAN A MOVE, COURT SAYS YOU CANNOT TAKE YOUR CHILD!

Issues that we talk about today are: Custody; Motion to modify or remove a condition of the custody order regarding the plaintiff-mother's domicile; MCL 722.31; The applicability of the 2003 order

__________________________
GOOD MORNING FLINT!
BY Terry Bankert 5/3/08 early edition
You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362 ___________________________
Full article at http://goodmorningflint.blogspot.com/
Flint Talk http://flinttalk.com/viewtopic.php?p=28132#28132 __________________________
WFLT 1420 AM 9 AM 5/3/08- PROGRAM “ KNOW THE LAW” CALL IN! On Saturday 5/3/08 from 9:am until 9:30 am We will talk about MOVING YOUR KIDS on my radio program “ Know the Law” WFLT 1420 am radio. This is a call in program and you may ask question on the air by calling 810-239-5733.
__________________________

HERE ARE THE FACTS HOW WILL YOU CALL IT?
__________________________

EVERBODY LIVED IN LANSING The parties lived in the Lansing area at the time of the original custody order.
JOINT PHYSICAL AND LEGAL CUSTODY They shared joint legal and physical custody of their minor child.
MOM WANTS TO MOVE TO FARMINGTON ADDRESS A dispute arose in 2003 when plaintiff sought to move the child's residence to Farmington Hills.
THE TRIAL COURT LET MOM GO AND GAVE CUSTODY TO DAD, UNLESS MOM MOVED BACK The trial court entered an order providing the defendant-father would receive primary physical custody during the school year, but if plaintiff moved back to the Lansing area, the pre-existing shared physical custody arrangement would resume.
MOM MOVED BACK TO LANSING, BACK TO JOINT CUSTODY Plaintiff moved to East Lansing and the shared physical custody arrangement resumed.
NOW SHE WANT TO MOVE AGAIN In 2006, plaintiff filed a motion seeking permission to change the child's residence to Howell, where she and her new husband were buying a home. WHAT WOULD YOU DO SHOULD MOM BE ALLOWED TO MOVE AND KEEP JOINT CUSTODY? The trial court summarily denied the motion, stating the prior order controlled.

THE TRIAL COURT SAID NO AND SAID IN A TOUCHY FEELY KIND OF WAY THE MOVE TO HOWELL WOULD NOT VIOLATE THE ORDER., ITS CLOSE ENOUGH. Plaintiff's proposed move to Howell clearly did not violate the 100-mile restriction of MCL 722.31. If the 2003 order remained applicable, it only restricted plaintiff from moving the child's residence outside the "Lansing area" and from commuting from Farmington Hills with the child during the school week. Howell is not Farmington Hills, and is significantly closer to Lansing.

CONCLUSION, THE COURT OF APPEALS SAID THE TRIAL COURT GOT IT WRONG In this case the court reversed the trial court's order denying the plaintiff-mother's motion to modify or remove a condition of the custody order concerning her domicile, concluding the relevant question was the applicability of the 2003 order and the trial court failed to adequately address this issue.

IS THE PRIOR ORDER IN EFFECT AND IF YES IS THE MOVE IN THE LANSING AREA The court concluded the trial court should have resolved whether the 2003 order was still applicable and if so, whether Howell is within "the Lansing area" for purposes of the order. Reversed and remanded. —

LINDSEY N. PECIC,Plaintiff-Appellant, UNPUBLISHED State of Michigan Court of Appeals. April 22, 2008 v No. 274278 Ingham Circuit Court HAROLD JAMES WHITE, LC No. 98-003187-DP Defendant-Appellee. Before: Donofrio, P.J., and Sawyer and Cavanagh, JJ. e-Journal Number: 39136

MEMORANDUM.
MOMS MOVE At the time of the original custody order, the parties resided in the Lansing area. The parties shared joint legal and physical custody of their minor child. A dispute arose in 2003 when plaintiff sought to move the child’s residence to Farmington Hills.

That dispute resulted in the trial court entering an order that provided that defendant would receive primary physical custody during the school year, but further provided that if plaintiff “moved back to the Lansing area” then the pre-existing shared physical custody arrangement would resume. The 2003 order further provided that plaintiff was not to commute from Farmington Hills with the child during the school week.

Plaintiff moved her residence to East Lansing and the shared physical custody arrangement resumed. In 2006, plaintiff filed a motion in the circuit court seeking permission to change the child’s resident to Howell, where plaintiff and her husband were purchasing a home.

The trial court summarily denied the motion, stating the prior order controlled. It is from this denial that plaintiff appeals. Plaintiff’s primary argument revolves around the applicability of MCL 722.31, which restricts moving a child’s legal residence more than 100 miles away. Clearly, plaintiff’s proposed move to Howell does not violate the restrictions of that statute.

Rather, the relevant question is the applicability of the 2003 order in this case. In this respect, we conclude that the trial court failed to adequately address this issue. If the 2003 order remains applicable, then it only restricts plaintiff from moving the child’s residence outside “the Lansing area” and from commuting from Farmington Hills with the child during the school week. Clearly, Howell is not Farmington Hills and, in fact, is significantly closer to Lansing than is Farmington Hills. And, obviously, plaintiff would not be violating the prohibition on commuting from Farmington Hills.

Therefore, the trial court should have resolved whether the 2003 order is still applicable to this case and, if so, whether Howell is within “the Lansing area” for purposes of the 2003 order. Accordingly, we reverse the order denying plaintiff’s motion and remand this matter to the trial court to resolve those issues.

Reversed and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction. Plaintiff may tax costs. /s/ Pat M. Donofrio /s/ David H. Sawyer /s/ Mark J. Cavanagh

This case has been modified for the purpose of a blog and radio presentation.

Posted here by Terry Bankert ... Family Mediation and Divorce Practice. http://attorneybankert.com/
Join my political party of preference,
http://www.michigandems.com/join.html
Join me in creating a new voice in The Michigan Democratic Party, become a Precinct Delegate. http://www.michigan.gov/documents/Aff-ID_Precnt_139901_7.pdf
52556/ 13473

Sphere: Related Content

A BLACK PRESIDENT WILL LEAD US INTO A PROSPEROUS FUTURE!

It is time for America to step up, at least when it comes to foreign policy.[A]

__________________________
GOOD MORNING FLINT!
BY Terry Bankert 5/2/08
You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362 ___________________________
Full article at http://goodmorningflint.blogspot.com/
Flint Talk http://flinttalk.com/viewtopic.php?p=28068#28068 __________________________
OBAMA...HE IS THE “ONE” In political science one of the best established facts is that the way a person votes the first time is a strong predictor of how they will vote the rest of their lives. Senator Obama has attracted droves of first time voters, setting up the prospect of a generation of Democratic political dominance. Depriving him of the nomination risks so disenchanting these new voters that they may return to political apathy. That would cheat Democrats of a bright future, which is something super-delegates with political futures of their own should ponder. [AN] There are times we just have to decide to believe in something or some person. I believe that the person Obama and the thing the Democratic Party together can lead this nation back into prosperity.]trb] It is up to the American people to decide whether the black man, the white woman or the oldest presidential candidate in the nation's history will be elected president.[A]

BILL HAS RUINED THE HILLARY CAMPAIGN Whatever the case, the world watches closely the outcome of this year's United States presidential race. [A] Like a terrible werewolf moon, Bill Clinton is shining again in his full brilliance. A new wave of commentary, from The New Yorker to Newsweek to The Wall Street Journal to The New York Times, has concluded that Bill's role in his wife's presidential campaign has mainly damaged both Hillary Clinton and his own legacy. Bill clumsily played the race card, they say. Bill doesn't understand new media. Bill is embittered and angry[C] Its time to go Bill. Your were our greatest president with the greatest flaws. How embarrassing to watch you prance around as a self absorbed has been.[trb] Each of the candidates is a problem for some of the electorate. While being old and white has never been a serious impediment to office, being a woman or a black has. [A]

WHY WOULD THE WOMAN TAKE OUT THE BLACK MAN? That begs the question of why Senator Clinton persists in running. One reason is hubris prevents her from acknowledging the political facts, so that she really believes she can win. A second more cynical reason is that Senator Clinton's political ambition is best served by having a bruised and battered Senator Obama run in November, thereby facilitating a McCain victory. That would allow her to run again in 2012 on an "I told you so" platform. [AN] Ambition terrorizes the ethics of our soul![trb]

ITS JUST POLITICS...AGEISM, SEXISM, RACISM..I AM” ISMED” TO DEATH The question is whether Americans will prefer to airbrush all this out at the November election or whether ageism, sexism or racism will remain decisive factors.[A] Predictably, McCain is the most secure of the three, perhaps because of the shoot- from-the-hip culture for which America is sadly so well known. He is already blasting his opponents with both guns, having done away with his GOP rivals in earlier showdowns. But he is not alone in his deadly approach.[A]

CLINTON’S NOW BOTTOM FEEDERS, Character assassination appears to be the Clintons' preferred method of fighting their hapless opponent as well. [A] Bill Clinton lied under oath during the Lewinsky investigation. Senator Clinton lied about being under fire in Bosnia. Bill Clinton abandoned unions and working families with his promotion of NAFTA, free trade with China, and the elimination of the right to welfare assistance in hard times. Senator Clinton initially endorsed this policy legacy, and only changed her tune when John Edwards' call for real change started gaining traction. Bill Clinton's middle name is "triangulation". Senator Clinton shamelessly sought to profit from Barack Obama's casual observations about the link between economic disenfranchisement and "guns and bible" politics. In doing so, she showed a willingness to keep alive right-wing conservatives' major wedge issue just to damage her rival. [AN] People who will stop at nothing must be crushed, here by public opinion. Your voice will be heard your voice does matter. Get involved to day.[trb]

HILLARY CANNOT WIN From the start of the 2008 primary campaign many political experts have believed Hillary Clinton would have difficulty winning the general election even if she sailed through the primaries. This is because polls have consistently shown she has exceptionally high negative ratings, which matters enormously as it is very difficult to win-over people holding negative views. The best that can be done is persuading them not to vote. If winning were difficult before, current conditions make a Clinton general election win even less likely. Her slick assist in letting the race genie out of the bottle has alienated African-Americans, and without their turnout a Democratic win is almost impossible. [AN] Sharpton and Jessie have nothing on Hillary.[trb]

WE NEED A PRESIDENT TO BELIEVE IN Sharon Holt, an undecided voter in Sanford, said she was impressed with the energy of Obama's campaign and his promise to shake up Washington. "With Obama, you get the same feeling you got with Bill Clinton in '92," she said.[a] Then there's the like ability question. Hillary may be wonderful in person, but many voters seem to find her grating.[C]

WHO IS THE SWEETHEART OF THE NATION? ....NOT HILLARY! Even though Hillary Clinton clinched Pennsylvania, Obama is still the sweetheart of the nation, with more delegates than she has. She, or rather her better half, Bill, is not above playing the Caucasian card, as he did during the Pennsylvania primary.[A]

CHARISMA, Clinton is far from charismatic. Obama exudes charisma. His campaign has been nothing short of breath-taking. But what has Hillary been doing for the past three months? Instead of gracefully acknowledging the obvious, she has willfully gnawed away at the Democrats' latter- day JFK. [A]

BUSH HAS GOT TO GO With President George W Bush, the most unpopular president in US history, at least since polling began 70 years ago, it should be a walk-over for the Democrats. Instead, the world is facing the possibility of yet another Republican warmonger in the White House. [A] The 2008 presidential elections have once again reinforced the notion that the entire US political system is a theater play with predictable script. Yes, a black presidential candidate would be permitted to advance to final rounds, but would he be allowed to win?[A]

OBAMA BAFFONED Reverend Jeremiah Wright has been playing right into the devil's hands acting like a baffoon with his incessant chatter to the paparazzi about how he will hound a President Obama once in office. Obama, while distancing himself from this unpredictable firebrand, said, "Wright's church contains in full the kindness and cruelty, the fierce intelligence and shocking ignorance, the struggles and successes, the love and yes, the bitterness and bias that makes up the black experience in America."[A]

THE ESTABLISHMENT IS KNEE CAPPING OBAMA, Obama's campaign is not over, but there are growing signs that the American political establishment is intent on depriving Obama of victory at the Democratic nomination contest. Obama is determined to close Guantanamo for good. He is also committed to a pull out from Iraq. The difference in opinion between Obama on the one hand and Clinton and McCain on the other is nothing short of stark. [A]

OUR COUNTRY IS ON THE DOOR STEP OF ECONOMIC RUIN The American economic outlook remains doubtful. America's failing housing sector is in a deplorable state. The unprecedented multi-trillion dollar mortgage debacle has shaken people's faith in the American economy. Inflation on the rise, and foreclosures are on the cards. The repercussions are disastrous. [A]

CLINTON SPEECHLESS ON ECONOMY It is somewhat surprising that none of the candidates are focusing on the state of the economy. This is supposedly Clinton's strong card. Monetary and fiscal policies are expected to remedy this economic quagmire.[A] Still, what can public policy do? Since the days of the late president Ronald Reagan the military- industrial complex has defined the US economy. The US defense expenditure equals the combined military spending of all other countries. No president in the foreseeable future -- black, woman or elderly -- would tamper with these certitudes. [A] What is certain is that the next president of the US would have to give priority to the state of the economy. Nevertheless, the country's foreign policy will continue to be the most important focus preoccupying the next US president. Foreign policy concerns will also be uppermost in the mind of the 44th US president. And, the two are inextricably intertwined in the minds of many Americans.[A]

CLINTONS NOW ARE JUST OLD SCHOOL Harrisson Ridgell, a 47-year-old African-American who runs a home improvement business, said he voted enthusiastically for Clinton in 1992 and 1996, but would cast his vote this year for Obama.[B] "Over time, I think he's joined the system, become one of the boys on the yacht," Ridgell said. "I think it's time for a change."[B] ...the only Democrat to win two White House terms since Franklin Roosevelt is also being pilloried as an angry and tragic shadow of his former self, and blamed for a trail of public relations disasters.[I]

AFGHANISTAN [WHAT]... of Afghanistan and Iraq. The situation in Afghanistan hangs by a thread, and the Taliban will easily come back to power, a monstrous failure of the Bush policy of reckless interventionism.[A]

IRAQ As for Iraq, with its shiny new US Embassy, "it's a city inside the green zone, the protected region of Iraq, that the US runs. It's got everything from missiles to McDonalds, anything you want. They didn't build that huge facility because they intend to leave," as Noam Chomsky so aptly put it. [A]

MIDDLE EAST The Middle East is the Achilles heel for all the candidates, including Obama, though his outsider and black status hints at a more sympathetic understanding of the tragedy unfolding in the region. If he loses because of Hillary's sour grapes, the whole world loses.[A] Our problems are to great, Hillary is too late, McCain is full of hate, Obama would be great.[trb]

Posted here by
Terry Bankert ...
Family Mediation and Divorce Practice.
http://attorneybankert.com/
Join my political party of preference,
http://www.michigandems.com/join.html
Join me in creating a new voice in The Michigan Democratic Party,
become a Precinct Delegate. http://www.michigan.gov/documents/Aff-ID_Precnt_139901_7.pdf
---
[A] AL AHRAM http://weekly.ahram.org.eg/2008/895/in2.htm
[B] Boston.com http://www.boston.com/news/nation/articles/2008/05/02/bill_clinton_trumpets_folksy_message_in_nc/ [trb] Comments of Terry Bankert to include CAP headlines http://attorneybankert.com/

Join my political party of preference, http://www.michigandems.com/join.html Join me in creating a new voice in The Michigan Democratic Party, become a Precinct Delegate. http://www.michigan.gov/documents/Aff-ID_Precnt_139901_7.pdf ---

[A] AL AHRAM http://weekly.ahram.org.eg/2008/895/in2.htm [B] Boston.com http://www.boston.com/news/nation/articles/2008/05/02/bill_clinton_trumpets_folksy_message_in_nc/ [trb] Comments of Terry Bankert to include CAP headlines http://attorneybankert.com/ [C] CBS NEWS http://www.cbsnews.com/stories/2008/05/01/opinion/main4061657.shtml [I] Inquier http://newsinfo.inquirer.net/breakingnews/world/view/20080501-133876/Bill-Clinton-casts-huge-shadow-over-wifes-campaign [an] Alter Net http://www.alternet.org/election08/84013/

13445/ 52410

Sphere: Related Content