Showing posts with label BANKERT. Show all posts
Showing posts with label BANKERT. Show all posts

Saturday, November 23, 2019

CHILD SUPPORT MODIFICATION. ATTORNEY BANKERT

MODIFICATION OF CHILD SUPPORT

In this economically hard time parents may need to modify their child support. Sometimes the original order called for no child support by agreement of the parties. 
www.attorneybankert.com

“ While it is true that a court can generally only modify orders for child support upon a showing of a change in circumstances justifying the modification, see MCL 552.17; Aussie v Aussie, 182 Mich App 454, 463; 452 NW2d 859 (1990), “[w]hen a court order does not provide for child support, such maintenance may later be provided by the court and does not depend upon a change of circumstances,” Johns v Johns, 178 Mich App 101, 106; 443 NW2d 446 (1989).”

“When  properly motioned for a change in child support  the Court may deny the motion. The question then is  has “...trial court correctly decided that it should not modify its previous child support order and that the parties should be held to their agreement that defendant not pay child support. MCL 552.605(3) states that a court is not prohibited “from entering a child support order that is agreed to by the parties and that deviates from the child support formula, if the requirements of subsection (2) are met.” (Emphasis added.)”

“ MCL 552.605(2) states: (2) Except as otherwise provided in this section, the court shall order child support in an amount determined by application of the child support formula developed by the state friend of the court bureau as required in section 19 of the friend of the court act, MCL 552.519.”

“ The court may enter an order that deviates from the formula if the court determines from the facts of the case that application of the child support formula would be unjust or inappropriate and sets forth in writing or on the record all of the following:
 (a) The child support amount determined by application of the child support formula.
 (b) How the child support order deviates from the child support formula. 
(c) The value of property or other support awarded instead of the payment of child support, if applicable.
 (d) The reasons why application of the child support formula would be unjust or inappropriate in the case.”

“In Burba v Burba, 461 Mich 637, 644; 610 NW2d 873 (2000), our Supreme Court held that “the criteria [in MCL 552.605(2)(a)-(d)] for deviating from the formula are mandatory.” 4 The Burba Court emphasized that “[t]he importance the Legislature attached to courts carefully articulating these factors when deviating from the formula cannot be underestimated, for the Legislature prescribed their use when courts deviate from the formula in no less than eight different sections of the Michigan Compiled Laws.” Id. “To impress upon the courts the gravity of deviating from the formula, the Legislature has required them to meticulously set forth these factors when deviating.” Id. at 645-646. “

“Thus, as required by MCL 552.605(2), when deviating from the formula, the trial court fulfills its statutory duty only when the court has articulated its rationale in accordance with subsection 2(a) through (d).” Peterson, 272 Mich App at 517. “ [Source and Unpoublished Michigan Court of Appeals,11/14/19, case e-journal, #71700 Ncheugium v Tegadjourfrom Saginaw Circuit Court.]
5-1970
If you have additional questions about Divorce, child support or other Family Court Issues Please call Terry R. Bankert, Flint and Genesee County Attorney, 810-235-1970

Sphere: Related Content

Monday, June 24, 2019

CHANGING CHILD CUSTODY. Attorney Terry Bankert (810) 235-1970

#FLINT, #GENESEE, #Michigan ISSUE- CHANGING CUSTODY
"Where a current order governs the custody of a minor child, the party moving to modify that order must prove “either proper cause or a change of circumstances sufficient to warrant
reconsideration of the custody decision.” Gerstenschalger v Gerstenschalger, 292 Mich App.654, 657; 808 NW2d 811 (2011)."
Presented here by Terry Bankert Flint Family Law Lawyer, (810 235-1970 www.attorneybankert.com
"[T]o establish “proper cause” necessary to revisit a custody order, a movant must prove by a preponderance of the evidence the existence of an appropriate ground for legal action to be taken by the trial court. The appropriate ground(s) should be
relevant to at least one of the twelve statutory best interest factors, and must be of such magnitude to have a significant effect on the child’s well-being. . . . "
" * * *[T]o establish a “change of circumstances,” a movant must prove that, since the entry of the last custody order, the conditions surrounding custody of the child,
which have or could have a significant effect on the child’s well-being, have materially changed. . . ."
" [T]he evidence must demonstrate something more than
the normal life changes (both good and bad) that occur during the life of a child, and there must be at least some evidence that the material changes have had or will almost certainly have an effect on the child. This too will be a determination
made on the basis of the facts of each case, with the relevance of the facts presented being gauged by the statutory best interest factors. [Vodvarka v
Grasmeyer, 259 Mich App 499, 512-514; 675 NW2d 847 (2003)."
"If the movant establishes proper cause or a change in circumstances, the court may modify an established custody order if the court determines that the modification is in the child’s
best interests. MCL 722.27(c); Dailey v Kloenhamer, 291 Mich App 660, 665; 811 NW2d 501
(2011)."
“When a modification would change the established custodial environment of a child, the moving party must show by clear and convincing evidence that it is in the child’s best
interest.” Shade v Wright, 291 Mich App 17, 23; 805 NW2d 1 (2010)."
“If the proposed change does not change the established custodial environment, however, the burden is on the parent
proposing the change to establish, by a preponderance of the evidence, that the change is in the child’s best interests.” Id."
" If the movant does not establish proper cause or a change in
circumstances, the trial court may not revisit the current custody order. Dailey, 291 Mich App at
666-667."
(Source; Unpublished Michigan Court Of Appeals 6/11/19, No 346335)

Sphere: Related Content

Sunday, July 27, 2014

Citizen response by Terry Bankert , 235-1970, to Flint Blue Ribbon Report recommending a City Manager.


Terry Bankert’s response  to Flints “Blue Ribbon Committee on Governance”, the committee, Final Report  to  Mr. Darnell Earley, Emergency Manager City of Flint  July 2014” #flint
7/28/14 5 am.


cited as [1] Most comments of Terry Bankert Divorce Attorney 810-235-1970 are cited as [trb] Please share this article.

I am only an individual Flint Citizen with one vote, one voice. Please consider adding your voice  and your vote to the Flint Community Discussion on Charter Revision.  [trb]

CALL TO SHOW UP AT THE FLINT CITY COUNCIL MEETING, 07/28/14, AND LET  YOUR VOICE BE HEARD.

"The findings will be presented to the council during its 5:30 p.m. Monday, July 28, meeting. Earley has asked residents to email him directly,  em@cityofflint.com.    , with any comments they may have on the report".[2]

The Committee recommends that on the November Ballot the citizens vote to eliminate the Civil Service Commission and the Ombudsman's office. [trb]

I suggest you not do that . [trb]

These offices are currently not funded and can wait for the election of a Charter Commission to deliberate. 

The Committee also then recommends that  a yes or no vote “ Do you the voter want a Charter Commission “ to be placed on the November 2014 ballot. [trb]

I suggest you vote yes on this.[trb]

Not mentioned is the fact that in the November elections the candidates for the Charter Commission can be placed on the ballot.

If  this practice is followed at the same election also on the ballot will be a Charter Commission. The  highest vote candidates,1 per ward, could  be  elected to the commission. It has not been decided if this process will be used. Ask the EFM Earley em@cityofflint.com


This Charter Commission Candidate election could all happen fast with little lead up time for Citizen candidate to the Flint Charter Commission.  Those with  moneyed support and advance knowledge are putting their campaigns together now.

Ask the EFM Earley , em@cityofflint.com what he intends to do. Will the Candidates be on the ballot during the same election the yes or no vote is asked of the voters?

Ask the EFM if the voters vote down a Charter Commission will he prolong his rule of Flint? em@cityofflint.com

I recall but am not certain that the Charter Commission candidacy requires a petition drive.  

Consider running for the Charter Commission or encouraging a friend  to run. Seek the support of any organization you belong  to  for help. Waiting will just allow the downtown and moneyed interest to get their candidates elected.

I suggest that  the community respond  by forming a number of  inclusive groups  to self educated and engage in the next steps of Change for Flint. Those steps  are the ones involving  the Voting Public.

I predict  events causing change will happen fast. 

Please call on me if I can help in any way.

COMMITTEE REPORT INTRODUCTION, this is not  comprehensive. The link above will allow  you to read the entire  document.


Mr Wesley [ Chairperson of Emergency Managers Committee on Governance in a letter to the Emergency Manager] said “Less than six months ago, you issued a charge to a group of 22 individuals to develop develop recommendations on how the City of Flint might strengthen its governance in order to avoid the possibility of a return to fiscal crisis.”
‘ [1]


‘We all came to the table willing to do the hard work of studying, learning, exploring, and debating the structures, policies and practices that helped Flint get to its current financial difficulties, and the changes that could help us prevent a return to that state.”[1] said Mr. Wesley.


“We made the determination early on in our process to operate by consensus, so the
recommendations contained in this report convey the carefully considered opinions of
the whole. Members of the Blue Ribbon Committee came to this process with different
perceptions and thoughts, and we took the time necessary to talk through points of
contention. While any of us could have drafted recommendations on our own, we feel
this process has enabled us to craft a report that is more balanced and well-rounded
than could have been achieved otherwise”.[1]said Mr. Wesley.

“After reviewing hundreds of pages of reports on municipal governance models and
financial practices, hearing from people with pertinent expertise from inside City Hall
and outside of the community, and holding three community workshops, we are
delivering our final report of recommendations to you.”[1]said Mr. Wesley.

These hundreds of pages of reports should be made available to the public.[trb]

“ We hope that it will prove a useful lens for understanding some of the complex governance challenges that Flint faces, as well as point a way forward for us to enjoy greater accountability and stability in our local government. It has been a pleasure to serve.” [1] pg 2 said Mr. Wesley.

Thank You for Your service Mr. Wesley and the committee. [trb]

THE COMMITTEE EXECUTIVE SUMMARY [1]

From January 2014 through June 2014, the Flint Blue Ribbon Committee on Governance Reform met to  address the issue of changes to governance in the City of Flint, Michigan in response to the ongoing  fiscal crisis facing city government. [1]

The Committee deliberated in private often. [trb]

“The committee’s objective was to address changes in governance  that it believed would lead to improved long-term fiscal health and fiscal stability for city government.These recommendations reflect a consensus of the group.”[1]

A summary of the recommendations is as follows:[1]  My numbers.[trb] My comments [trb]

1. Shifting to a hybrid form of Council-Manager government with an elected Mayor and an appointed City Manager.[1]

I disagree. The we do not need a full time Mayor. What we need is a traditional City Manager system.[trb]

A reduction in City Council is suggested with no number offered. see [1] 

I suggest the membership of the Flint City Coucil be reduced to 5 .[trb]

In the 1974 Charter 2 year council terms were voted in raised later to four years.
The Committee  recommends that the terms of the city council be reduced to 2 years. see [1]

I agree the Flint City Council should be reduced to a 2 yr term [trb] 

 At the same time the committee recommends a mayors term to be four year. see [1]

I disagree. We do  not need a Mayor and in the hybrid version this position has been made to powerful and unaccountable to the rest of the Flint City Council. I sense the Committee holds the Current and past Flint City Councils in contempt and has drafted a document that strips the Flint City Council of meaningful power.[trb]

“In addition, [the committee], recommend”s that the elections be held in even-numbered  years. By holding elections to coincide with Presidential and gubernatorial cycles we hope Flint can boost voter turnout. “[1]  

This is incredibly naive as  a basis for making government better, elections during a partisan election makes these positions partisan.[trb]

What they are suggesting is that in an era of soft money and coordinated campaigns when my Democratic Party  is in full electoral mode they  will dangle the bait of municipal elections. I guarantee that it will be mainstream Democrats that will be  elected. [trb]

Please move the elections to the even numbered years!We will strip Uptown and the Genesee Regional Chamber and their rich backers of any future power in flint and return our City of Flint to the neighborhood and other traditional community leaders. [trb]

2.Reconsideration of the City Council system by a Charter Commission. [1]This step inescapably involves the public under state statute.  But only 3/4 of a loaf will go to the Charter Commission. Structural change like eliminating the strong Mayor and changing to a city manager form of government requires an elected charter commission. Why put the Civil Service and Ombudsman on the ballot now? Why  not wait for a Charter Commission? [trb]

I found the language quite misleading in the recommendation on the Ombudsman vote to be put on the ballot now. The office is currently not being funded and will not be in the near future. There is no reason not to wait for a Charter Commission to deliberate on this issue.[trb]  see [1]

The committee gave a recommendation to  vote by ward in the primary and city wide in the general .[1] 

This might reduce representation in some areas. Bad idea. [trb]

3.Ongoing training for all City Council members.[1] We already have memberships in the ational League of Cities and the Michigan Municipal League. Who will do this training? Michigan State would be a good pick.  What is needed is a politically neutral respected group like MSU to oversee leadership education programs and produce impact statements on proposed policy statement for the elected officials and public. [trb

4.City-appointed officials report to and are hired by the City Manager (with the exception of the City Attorney and City Clerk)[1] 

That is how a professional city manager works. There is no need for a Mayor except  to  call the president of the council by  mayor to guide policy between meeting of the city council and attend ceremonial events.[trb]

5.Elimination of the Civil Service Commission and removal from Charter of Ombudsman Office.[1] This is a topic for the Charter Commission. Why put these on the ballot before before we have a charter commission? [trb]

6.Adoption of multi-year budgeting, strategic planning and long-term financial forecasts.[1]
I agree.[trb]

The rationale for the change of government and the role of specific individuals will be
discussed in greater detail below. A summary of the positions of City Manager, Mayor, and City
Council members under the proposed government-form change is as follows:[1]

City Manager
Appointed by and reports to the elected City CouncilPage
9 [1]  I agree. [trb]

o Chosen through a nationwide search
ICMA Credentialed Manager designation recommended
Responsible for hiring, firing, and managing all city staff including the City Treasurer,
Assessor, and all department heads (with the exception of the City Attorney and City
Clerk) [1] and Ombudsman, I agree [trb]

o Selects department heads based on education and relevant experience [1] I agree [trb]
o Conducts annual performance reviews of department heads
Recommends candidates for City Attorney and City Clerk
Delivers annual budget message.[1] I  do not agree.the City Manager should have no involvement in the selection process of these two positions. [trb]

Mayor
Full-time employee of the City of Flint (with appropriate fringe benefits)[1] I disagree [trb] No separation of powers no need for this position nor has there been one for  several years..[trb]
Runs city-wide as Mayor who will sit on the City Council
Acts as a policy leader and the ceremonial designee for the City of Flint
Sits as President of City Council, [1] Note the council is powerless it cannot appoint its own leadership.[trb]
Votes on council matters[1]The way this is configured it  relegates the Flint City Council to an advisory committee. Big business and big money can load up and deliver the election to a city wide mayoral candidate who appoints the committees for the council, and has a vote on the council. A council that cannot realistically ever fire the manager. Earley the EFM  phase City Manager has is making the City Manager in Flint politically bullet proof from the voters. Earley and Snyder serving Downtown have no plans to give up power. Powerful never does give up power we have to take it. [trb]

Delivers State of the City address annually

City Council
Part-time employees (without fringe benefits)[1]
o Not involved in day-to-day operations of City Hall[1]
Meets, deliberates potential policies, gathers information from citizens, and moves
forward on the passage of policies important to the city. [1] Who sets the budget if not the council. [trb]
Confirms appointments of City Manager, City Attorney and City Clerk by two-thirds
majority[1] This is a super majority. They cannot effectively remove those the hire.[trb
[4]


RECOMMENDATIONS OF THE FLINT BLUE RIBBON COMMITTEE [Manager Committee]


Long Term Sustainability- The Big Picture

HOW LOCAL DEMOCRACY SHOULD BE ORGANIZED.[TRB]

This first category of recommendations relates to reforms designed to move the City of
Flint toward long-term fiscal sustainability.[1]

Q:ARE WE ADOPTING CHARTER LANGUAGE TO FORCE IMPLEMENTATION OF THE FLINT MASTER PLAN?[TRB]

Form of Government

Under Flint’s current Charter, an elected council and mayor have responsibility for setting
policy. [1]  I agree, the Mayor has veto power. Will the Mayor in the hybrid system have veto power.[trb]

Under the current Charter  the Council sets the budget and the Mayor spends the tax money? [trb]

Under the strong-mayor form of government, the mayor also is charged with policy
implementation and managing the day-to-day operations through 21 appointees who serve at the
Mayor’s pleasure. [1] Within this alignment of personnel is the current position of City Administrator which was intended to be a city manager embedded into the Mayors office. The paradigms of good government and excellence in the management of local government were to be found here. [trb]

There are three challenges with this current system that contribute to
financial instability. They are: [1]

1. Reporting Structure: Once appointed, senior City officials, with the exception of the
Treasurer, Clerk, Assessor, and including the City Administrator (who has broad
responsibility for the daily oversight of a multi-million-dollar city budget) serve at the
pleasure of the Mayor and report only to the Council through the Mayor’s permission.[1] This was intended to remove the Mayors officials from the  influence of local politics by City Council meddling. What happened? Why will the same dynamic not affect the City Manager?[trb]

When the Mayor and Council do not have a smooth working relationship—which has
been often—the City Council may not have access to the timely information needed to
make effective policy choices and respond to changing economic realities.[1] The same dynamic  can happen in CIty Manager Cities. We should ask prior and current members of the Saginaw City Council.[trb]

 
While the Council does have the power to subpoena witnesses, including the City Administrator,
this is not an efficient way to obtain necessary information.[1] Yes it is, look at Congress.[trb]

2. Qualifications: There are no qualifications in the Charter that are required to serve as
any of the Mayoral appointees.[1] We relied on the City Council to keep the CIty Administrator professional which all councils failed .[trb]

Few of the appointees chosen since the current Charter was adopted in 1974 had the training and expertise in municipal finances that would have enabled them to foresee and respond to changes in Flint’s finances or manage the complicated budgeting and compliance procedures that must be in place. [1] Obviously none of them did.[trb]


On More than one occasion, mayors have appointed political friends or campaign managers to this key  position despite not having the skills needed to carry out the job. [1]

On every occasion the City Council did not demand professionalism in this position. Charters are pieces of paper is Flint Citizens that breath life into our local government.[trb]

3. Information: Because the City Administrator, department heads, and other mayoral
appointees serve solely at the pleasure of the Mayor, they may overlook financial
information or performance inadequacies that would be politically inconvenient. [1] 

City manager that survive by simple majority will suffer the same pressure. Managers like the hybrid with the protection of a super majority may adopt their friends agenda like Uptown for instance and cannot realistically  be removed. The Ombudsman's could not be removed except by super majority but that office had a fixed term. Possibly this hybrid  model must stand a simple majority confidence vote every four years. If they fail they are gone.[trb]


Naturally, employees may feel pressured to downplay sobering information or risk losing
their jobs. This prevents the public and City decision-makers from accurately
understanding the City’s financial position and making timely, informed choices.[1]

Flint has had a manager for a half dozen years or so an emergency manager to be specific. How effective have these managers been?[trb]

As such, we recommend that the City of Flint’s form of government be changed from the
current strong-mayor form of government, in which the mayor is ultimately responsible for the
day-to-day management of City Hall, to a hybrid form of government in which the Mayor is a
voting member of City Council; a City Manager appoints department heads and manages City
operations. [1]

I agree we should have a traditional City Manager but not this ill defined hybrid.[trb]

This will encourage greater collaboration between the Mayor and the City Council
and separate policy development (which is the purview of elected officials) and implementation
(to be carried out by a professional, competent, and trained staff). [1]

Nonsense. The Mayor without budget expenditure control and personnel that report to him will be ineffective , just like the incumbent is today. What is being described is a President of the City Council  being called Mayor with ceremonial responsibilities.[trb

Such a structure will enable the government to be run efficiently and effectively[1]. More will be required.[trb]

The Mayor would sit as the President of the City Council, voting on council matters, and
act as policy leader and ceremonial designee for the City of Flint. Rather than being selected by
City Council from among their members as is the case in many council-manager governments, [1] (This is a good system[trb]).....
we recommend a hybrid in which the Mayor runs for and is elected to that position by voters.
While the Mayor may have public events, meetings, and other duties that require attention
throughout the day, the rest of the Council will have a role that does not require involvement in
day-to-day operations.[1] I disagree [trb]

The City Council members’ responsibilities will be to meet, carefully
deliberate potential policies, gather information from citizens, and move forward on the passage
of policies important to the city.[1] I agree. [trb]

We recommend that the Mayor be a full-time employee of the  City of Flint (with appropriate fringe benefits) and Council members be part-time employees (without fringe benefits).[1]

I disagree.   The Mayor and council should receive  no compensation. The Council President /Mayor should receive a per diem for  City related travel and each member encouraged to attend meetings of state and national Municipal Government Associations. [trb

The Local Officials Compensation Commission is advised to consider
appropriate compensation for the roles of the elected officials. Council members’ compensation
should not be so high as to eclipse a desire for public service as the chief motivation for running
for the position. [1] pg 10

I disagree this body should be disbanded and no compensation offered to elected officials in Flint. [trb]

What do you think? Will you be active in the future charter revisions activities. Several of us are organizing and meeting. If you would like to participate let us know. terry@attorneybankert.com


Sincerely

Terry Bankert


Source,
[1]
cited as [1]

[trb]
Most comments of Terry Bankert are cited as [trb] Please share this article.
see http://occupyflintlegal.wordpress.com/

Sphere: Related Content

Friday, March 26, 2010

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/

Sphere: Related Content

Tuesday, March 9, 2010

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

Sphere: Related Content