How do I help my children through the divorce?

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Divorce is one of the hardest things a child may have to go through.  Below, we have listed several resources that seek to help children as they navigate this unfamiliar territory.  We have listed books to read and websites to visit.    

I Love You More Than...
By Elizabeth Hickey, M.S.W.
(Family Connection Publishing)
1405 East 2100 South, Salt Lake City UT 84105
Phone: (801) 484-2100

A divorced mother who shares custody of her daughter with her former husband, Ms. Hickey has produced two award-winning videos on divorce that are being used by courts throughout the United States. I Love You More Than... is a colorful book for children and parents to read together -- reassuring your children that they are much loved at a time when insecurities may be running high.  Order directly from the publisher at (801) 484-2100 or fax (801) 484-5525.

Divorce Advice for Teens
Advice for teenagers whose parents are divorced or divorcing.

West Michigan Divorce Mediation

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Traditionally in divorce cases, both parties hire an attorney.  A case is filed with the court.  Hearing dates are set and, if there are children, friend of the court evaluations are scheduled.  In between the hearings, there may be depositions, interrogatories, subpoenaing of employment information and other forms of discovery done by each sides' attorney.  This process often can add up to quite a bit of money in attorney fees.

 Divorce doesn't have to be this way.  The courts in West Michigan recognize and encourage Divorce Mediation.  In mediation, the parties come together, usually without attorneys, and work with a neutral person to work though the pending issues.  Mediation can generally be completed in a few sessions, and in many cases in only one session.

Mediation can resolve custody and parenting time issues, division of real and personal property and the division of debts. 

Mediation is cost effective and has been shown to leave the parties in a more friendly relationship at the end of the case.  Often times when the parties work with the mediator, it helps to set them up for working through post-divorce issues with greater ease than had they gone through a tradition divorce proceeding.

Jayne Dykema and Lori Zellers are both certified divorce mediators.  Contact them today to learn more about mediation options.  Even if you have already filed for divorce, you and your spouse can choose to take you case through mediation.

Estate Planning and the New Michigan Tax Code

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www.dykemalaw.com

Many people are receiving letters or postcards in the mail stating that you need to re-do your estate plan because of the newly enacted Michigan Trust Code. 

The new MTC took effect April 1, 2010 in an effort to clarify the existing estate planning laws.  The new MTC also was drafted to put all the trust law in one section of the Michigan Compiled Laws.

 So, do you need a new estate plan?

If you already you have a revocable "living" trust, most likely you don't need to change your trust.  It is only under unusual circumstances would a new trust amendment be required as a result of the MTC.  Rest assured that the MTC was not enacted to render all previously drafted trusts useless or out-of-date.  Nothing is further from the truth. 

You will keep getting letters in the mail claiming that you need to have your trust changed because of the new MTC -- don't panic.  Remember, however, that it is always a good practice to have your estate plan reviewed periodically.  As your situation changes (guardian issues, death of fiduciaries, buying and selling of trust assets), you should made the corresponding changes to your trust.

We can evaluate your existing trust to determine if you need to amend your existing trust.  If you're like most of us, you need to have a trust prepared or updated.  Let us get it done today.

Dykema Law Offices -- Estate Planning Made Simple 

West Michigan Estate Planning: The new Michigan Trust Code

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 If you have not put your estate plan on paper, now is as good as opportunity as ever.  Michigan has recently enacted the new Michigan Trust Code.  Here are three important factors:

1.  Additional Clarity in Asset Protection Planning:

    With the implementation of the MTC, estate planners have much clearer directions about how to draft trusts in order to protect trust assets from the creditors of the trust beneficiaries.  For example, if you are concerned about children or other beneficiaries that may have creditor issues (child support, divorce, bankruptcies) the new MTC provides excellent planning tools for these situations.

2.  Special Needs Trusts

    Special needs trusts are created for persons with disabilities.  The MTC continues to provide planning options in order to draft trusts for clients with special needs beneficiaries.

3.  Modernized Trust Administratioin

   Trust administration has joined the technology age.  The MTC, for example, will allow the trust to use email in order to notify and account to beneficiaries.

 Allow that West Michigan Estate Planning Attorneys of Dykema Law Offices help you most effectively achieve your estate planning goals. 

www.dykemalaw.com

Divorce and Child Custody: How do Courts Decide?

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 When a couple files for divorce, how does the court decide who will have custody of the minor children? 

When evaluating child custody, Michigan courts are required to evaluate the "best interest" factors, a series of considerations which are meant to help the court determine the most appropriate custodial environment for a child. Those factors include:

(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 permitted under the laws of this state in place of medical care, and other material needs.

(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.

Please note that, while a court will make specific findings under each "best interest" factor when rendering a custody decision, the court's findings are not tallied up like a baseball score. It may be that one party "wins" under most of the factors, but that custody is awarded to the other party on the basis of a factor the trial court considers to be more important under the circumstances. For example, a judge may be sufficiently concerned about a parent who appears to wish to alienate the child from the other parent, that custody will be awarded to the other parent under a strong "factor j" finding, despite the many good qualities of the first parent. Similarly, "factor b" and "factor c" findings may be given considerable weight by a court, if a parent appears unwilling or unable to provide appropriate guidance or support.

The issue of "morality" relates to the effect of the parent's moral choices on the children. It is not intended to include an evaluation of a parent's character outside of the context of the best interests of the children, and the ability of the parent to provide appropriate moral guidance to the children. A parent's involvement in a new romantic relationship following divorce or separation is not the type of "moral conduct" which would ordinarily concern a court.

Contact West Michigan's experienced divorce and custody attorneys at Dykema Law Offices, P.C.

616 363 6611

dykemalaw@aol.com

Estate Planning Needed for Families with minor children

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Why do young parents need a Will?

In an Associated Press story reported  online at http://sphere.com/, it become instantly clear why parents of young children should have a Will. The AP story reports on tragic car accident that instantly killed the parents, Karl Heiss and Marisa Bauducco-Heiss.  Their 10-year-old daughter was left with with a catastrophic brain injury. Alden, the Heiss' 6-year-old son was injured, however, he fully recovered.

After the accident the Heiss' good friend, entrusted with their 7-sentence, 2 page holographic Will, brought it to the attention of the two sets of grandparents. The Will directed that Marisa's parents, who lived in the village of Ushuaia, near Terra del Feugo at the tip of South America, should have custody eleven months of the year.  Karl's parents, of Malibu, California, would have the children one month of the year.

Disagreements about medical care were initially a problem. Language barriers made complicated matters even more. A custody battle ensued.  The California judge upheld the terms of the holographic Will.

The story is worth reading.  I strongly recommend reading this article, especially if you are a parent of a minor child. "After Crash, Kids Torn Between Nations."

Intro to Social Security Disability

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If you believe you are disabled and you cannot work, you should consider social security disability benefits.  Read on.... 

Disability is something most people do not like to think about. But the chances that you will become disabled probably are greater than you realize. Studies show that a 20-year-old worker has a 3 in 10 chance of becoming disabled before reaching retirement age.

This booklet provides basic information on Social Security disability benefits and is not intended to answer all questions. For specific information about your situation, you should talk with a Social Security representative.

We pay disability benefits through two programs: the Social Security disability insurance program and the Supplemental Security Income (SSI) program. This booklet is about the Social Security disability program. For information about the SSI disability program for adults, see Supplemental Security Income (SSI) (Publication No. 05-11000). For information about disability programs for children, refer to Benefits For Children With Disabilities (Publication No. 05-10026). Our publications are available at www.socialsecurity.gov.

If you have been denied social security benefits, contact experienced social security attorneys at Dykema Law Offices, P.C.  Servicing all of West Michigan.

616 363-6611 

Grandparent Visitation

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Grandparent Visitation

Michigan's Grandparent Visitation Law

On January 3, 2005, Governor Granholm signed into law a new grandparent visitation law.  The law creates new rights for grandparents and grandchildren in the State of Michigan to be able to have contact with each other under certain circumstances, when that relationship has been denied by a parent following the death, divorce, children born out of wedlock, or other family dysfunction.

This law will creates rights for grandparents, following the Michigan Supreme Court decision of Derose v. Derose decided July 31, 2003, which held Michigan's old law unconstitutional. In that Michigan Supreme Court decision, the high court instructed the Michigan legislature to redraft Michigan's law.  The new legislation was to include provisions in order to make Michigan's law constitutional so that grandparents and grandchildren would have access to see each other under the above circumstances.

This law provides the safeguards required by the Michigan Supreme Court, which would protect parental rights, as guaranteed by the Constitution, while setting in place standards for grandparents who have been denied seeing their grandchildren.  The law provides grandparents the opportunity to come to court and show why they should have a right to see their grandchildren, if that request has been unreasonably denied.

When does the grandparent have a right to petition the court? 

The new law provides grandparents, in the following circumstances, the right to request relief from the court to seek visitation with their grandchildren, if they have been denied visitation by a parent:

1. If there is a divorce, separate maintenance, or annulment action pending between the child¹s parents, or such an action has already been finalized.
2. The grandchild was born out-of-wedlock and the parents are not living together. However, this only applies, to grandparents of the alleged father if he has been declared legally to be the father of the child by a proper court proceeding and the child's father provides child support in accordance with his ability to provide sup-port or care for his child.
3. Legal custody of the child has been given to a person other than the child's parent or the child does not live in the parent's home (other than a child who has been adopted by a person who is not the child's stepparent).
4. A grandparent has taken care of a grandchild during the year before they request visitation, whether or not they have done so by a valid court order.
5. The child's parent, who is a child of the grandparent, is deceased. If a grandparent falls into any of the above categories and has been denied visitation, they would have a right to bring an action in the court that has heard a prior action (such as a divorce or paternity action). If there has been no prior action filed in the court, then a new action would have to be brought in the circuit court in the county where the grand-child resides. Any person, who has legal custody, or an order for parenting time of the child, must be given notice of the grandparent visitation request.