The Evan B. Donaldson Adoption Institute
Adoption Policy Resource Center
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Law Links Local Resources State-wide and National Resources [Click here] Grand Traverse County has a population of about 80,000 people. Jeanne Hannah practices not only in Grand Traverse County, but also in the neighboring counties of Emmet, Charlevoix, Leelanau, Antrim, Benzie, and Kalkaska. She acts as a consultant on parental kidnapping cases for lawyers throughout the United States and abroad. Local Resources
Friend of the Court for Grand Traverse Leelanau and Antrim Grand Traverse County Online Records (Civil Records) Grand Traverse County Online Criminal (Circuit Court) Records Memo Re: Where to file pleadings in Grand Traverse family law cases Grand Traverse Leelanau Antrim Bar Association
Directory: Links to all Family Courts in Michigan -- Judges and staff Michigan Supreme Court: One Court of Justice (Links to all levels of courts, court forms, resources) Michigan Local Trial Court Websites Michigan State Government Links Calculator: Determine date of filing to be timely under the Michigan Court Rules
Additional Resources for Divorcing Parents and Single Parents. Last Revised November 3, 2005
Acknowledgment of Parentage Act, Act 305 of 1996
State-wide and National Resources Section I: Custody and Parenting Time The Uniform Child Custody Jurisdiction and Enforcement Act [UCCJEA] Other Custody and Parenting Time Resources Section III: Procedural Issues: The Washtenaw County Family Court Bench Book Section IV: Other Family Issues: Neglect, Delinquency, Child Protection and Adoption Reporting Child Abuse and Neglect Parenting Classes: Preventing Child Abuse Child Protective Proceedings Benchbook Section V: Domestic Violence and Personal Protection Orders Section VII: Standard Court Forms for PPOs Section VIII: Other Websites of Interest to Victims of Domestic Violence
The
Uniform Child Custody Jurisdiction and Enforcement Act [UCCJEA]
This Act
defines the term "the child's 'Home State' " and controls
the issue of which state, of two competing states, has the
authority to make "an initial custody determination" with
regard to any child involved in a proceeding -- whether it's
a divorce action, a paternity action, a child custody
action. During the course of post-judgment proceedings, once
again, the issue of which state is the child's "Home State"
again controls where the contested issues will be heard and
decided and court orders will be enforced or modified.
The
Michigan UCCJEA is
found here.
You can read the
Uniform Law Commissioners Final Act together with their
comments, which can be invaluable when seeking to
interpret specific terms of the Act here.
As of July 25, 2011, all but
one state (Massachusetts)
have enacted the UCCJEA, replacing the former Uniform
Child Custody Jurisdiction Act. Massachusetts currently has
a legislation pending for enactment, supported by the Family
Law Section of the Massachusetts State Bar Association.
An excellent document explaining the
UCCJEA from the US Department of Justice
Office of Juvenile Justice and Delinquency Prevention
may be used effectively with out-of-state courts, prosecuting attorneys, and law
enforcement agencies to help them understand their obligation to give full faith
and credit to Michigan Orders.
Jeanne M. Hannah spoke about The Temporary Emergency Jurisdiction Provisions of the Uniform Child Custody Jurisdiction and Enforcement Act at the Family Law Section's Summer Institute at Boyne Mountain in July 2006.You can view a PowerPoint slideshow of her talk here. You can review the course materials here "Temporary Emergency Jurisdiction Provisions of the Uniform Child Custody Jurisdiction & Enforcement Act: When and How to Invoke Them" Presented by Jeanne Hannah at the Family Law Section's Mid-Winter Conference in February 2007 here.
The State Friend of the Court website is designed to help parents learn about parenting time and how to make the most of it. There are other valuable resources on this website: Michigan Friend of the Court Parenting Time Website.
The Introduction of this
manual explains its purpose as follows: “The Parenting
Time Guideline contains information addressing many of
the challenges associated with establishing and
maintaining parenting time schedules. Fathers' and
mothers' rights and obligations with respect to
parenting time are explained. See Page 4 of the manual for the factors that the FOC and the Court must consider in establishing parenting time schedules. You can download the manual and store it on your hard drive or you can print it by clicking on the appropriate icon on the left hand side of the toolbar. Click here to access the Friend of the Court Parenting Time Guidelines. Return to Index
The State Friend of the Court website is designed to help parents learn about parenting time and how to make the most of it. There are other valuable resources on this website: Michigan Friend of the Court Parenting Time Website.
The introduction of this Friend of the Court manual explains its purpose as follows: “The Parenting Time Guideline contains information addressing many of the challenges associated with establishing and maintaining parenting time schedules. Fathers' and mothers' rights and obligations with respect to parenting time are explained. The Parenting Time Guideline provides suggestions and recommendations to address issues relevant to the three most common parenting time arrangements: parenting time, supervised parenting time, and joint custody. The Parenting Time Guideline is intended for use by friend of the court staff and custodial and non-custodial parents. Although the Parenting Time Guideline provides information on numerous subjects, the reader is reminded that the information presented is not an exhaustive listing of the myriad of subjects and issues relevant to parenting time.” See Page 4 of the manual for the factors that the FOC and the Court must consider in establishing parenting time schedules. You can download the manual and store it on your hard drive or you can print it by clicking on the appropriate icon on the left hand side of the toolbar.
Click here to access the
Friend of the Court Parenting Time
Guidelines.
This 18-page booklet was developed for the use of families facing decisions about custody and parenting time. In the Introduction, its purpose is explained: Introduction The Custody Guideline contains information addressing many of the issues associated with establishing custody during a divorce proceeding and modifying custody after the Judgment of Divorce is entered. It also provides information relevant to the most common custody arrangements. Fathers' and mothers' rights and obligations with respect to custody are explained. Although the Custody Guideline provides information on numerous subjects, the reader is reminded that the information presented is not a listing of all the subjects and issues relevant to custody. Child custody is a term that refers to rights and responsibilities for each parent and child. Custody is not a term used to indicate ownership, but rather a determination of the time a child is going to be with each parent and each parent’s responsibility to make decisions on behalf of the child. Custody can be modified to accommodate significant changes in the lives of the children or the parents involved. Because it is very difficult to establish a significant change in circumstances or good cause in order to modify a prior custody order, the first custody and parenting time order issued in a case can be very important in defining each parent's right to participate in the lives of his or her children. The judge attempts to structure custody to promote a strong relationship between children and their parents. The only time this is not true is when the judge determines that custody with a particular individual would endanger the child’s physical, mental, or emotional health.
In custody matters judges are asked to decide who will make decisions for a child and when a child is going to be with each parent. If parents in custody cases have not reached an agreement, the judge is asked to determine when a child is going to be with each parent. However, parents in custody cases who decide to work together can decide the custody agreement with the help of their attorneys, the help of the friend of the court office, and/or the process of mediation. Parents can, on their own, also work through the court system to obtain or modify custody by filing the proper paperwork.
There are several custody arrangements that can be agreed upon by parents or ordered by the judge. However, in custody disputes parents must be advised of joint custody. At the request of a parent the judge must consider awarding joint custody and must state during a hearing the reasons for granting or denying the request. The judge must decide if joint custody is in the best interests of the child. The judge could award joint custody and equally divide the time the child spends with each parent. However, the judge could also award joint custody and not equally divide the time the child spends with each parent. For example, the judge could award joint custody, with one parent having physical custody during the school year and the other parent having physical custody during the summer vacation period.”
See Page 3 of the booklet for the factors that the FOC and the Court must consider in establishing custody. You can download the manual and store it on your hard drive or you can print it by clicking on the appropriate icon on the left hand side of the toolbar.
Click here to read the entire booklet:
Friend of the Court Manual on
Custody Guidelines
The State Court Administrator's Office has made available a
manual used by the Friend of the Court in its role as an
advisor to the Court with respect to child custody and
parenting time decisions made during a divorce proceeding.
The FOC caseworker uses this manual when he or she
investigates and makes recommendations to the Court about
what the custody and parenting time decisions should be in
each individual case. It is helpful for parents to know how
the FOC caseworker thinks and works, and the factors that
are considered in decision-making. The manual can be
accessed here:
Custody and Parenting Time
Investigation Manual.
Safe Haven is a Supervised Visitation and Exchange Center located in Child and Family Services of Northwestern Michigan. Safe Haven provides a safe environment for families going through a difficult time adjusting to relationship problems. At Safe Haven, couples can exchange their children to avoid exchanges in public places and to avoid the potential for a violent confrontation in front of the children. Safe Haven also provides supervised parenting time, which a court might order if domestic violence or abuse issues occur or if a parent has a substance abuse problem. Reunification visits can also be scheduled at Safe Haven to permit a safe and secure environment for a parent who has not had contact with his or her child for a long period of time.
There are two facilities in Northwestern Michigan:
Traverse City: 3785 Veterans Drive, Traverse City Tel. 231.946.8975 Ex. 1008
Harbor Springs: 3434 M-119, Suite F, Harbor Springs Tel. 231.347.4463
Read more about Safe Haven here. And here.
State-wide Supervised Parenting Time Agencies
This manual explains how the child's right to support is determined and also explains fathers' and mothers' obligations with respect to support of their child. New Formula Effective Beginning October 1, 2008
2008 Michigan Child Support
Formula Manual
2008 Michigan Child Support
Formula Supplement (Schedules)
Visit Craig Ross’ Marginsoft web site for more information on Support 2008, one of the best software tools for evaluating spousal maintenance/alimony claims, and one of the easiest ways for calculating child support based upon Michigan’s guidelines.
The Washtenaw County Family Court has published a copy of
its Benchbook on the Internet. This valuable resource is
used by the Family Court referees and judges in making
important decisions about the divorce cases before the
Court. It is, thus, a valuable resource for parents so that
they can understand what guidelines, laws and standards the
Referee or Judge will use when making decisions about your
case. Of course, the Washtenaw Family Court is applying
Michigan law when making its decisions. This benchbook will
explain the laws and the court process to be followed in
your case. An index to the benchbook is found at this link:
You will be able to read all about the following topics in the Benchbook. Many of these will apply to your case: Attorney Fees, Best Interests of Minor Child, Consent Judgments of Divorce - Requirements, Discovery, Emergencies, Mediation - Failure to Attend Mandatory Sessions, Minor Children - Change of Domicile from State of Michigan, Minor Children - Consent Order Appointing Parenting Facilitator, Minor Children - Custody, Motion Practice, Order Entry, Personal Protection Orders, Property Division, Referee Hearings, Spouse - Removal from Marital Dwelling, Spouse - Support, Verified Personal Statement.
Clients often ask me about child abuse and neglect. What is it? How and when does one report it? What is a protective services investigation like? Here is some detailed information for you.
1) What is Child Abuse and Neglect? 2) The Child Protection Act 3) Child Abuse & Neglect -- Potential Indicators that a Protective Services Referral Should Be Made 4) How to Make a Referral to Protective Services 5) Who Must Make a Report to Child Protective Services: Mandated Reporters 6) Mandated Reporters' Handbook 7) Form 3200 - Making a Protective Services Report 8) Child Protective Services Contact Numbers 9) What is the Role of a Protective Services Worker? 10) How Long Does an Investigation Take? 11) How is a Child Interviewed? 12) When is Protective Services Obligated to File a Petition to Terminate Parental Rights?
Father is charged after baby dies The Traverse City Record Eagle reported on February 6, 2007 that a Kingsley man faces a murder charge after he allegedly shook his 2-month-old son hard enough that the infant died days later. The father was arraigned on a charge of homicide-felony murder after he allegedly admitted to Grand Traverse Sheriff's detectives that he became frustrated with his son and shook the child violently Friday afternoon. The father faces life in prison without the chance of parole if convicted. He was in the county jail on $500,000 cash or surety bond Monday. The Record Eagle story may be read here.Having once worked on a tragic shaken baby case—one in which the baby did not die, but was left handicapped for life—I know just how heartbreaking these cases can be. What’s the answer? I have added numerous resources to my website for parenting classes that are available around the State. These classes are free for parents receiving TANF benefits and are available at a low-cost f or others ($30 usually, covering cost of materials).
See also "Shaking a Baby Shatters Lives", article by Jeanne M. Hannah. Links in that article will take you to websites with wonderful resources to help educate families at risk of parenting decisions or actions that may forever change the course of lives.
This book is available in PDF format for viewing on the internet or for downloading at the Michigan Supreme Court's website. The Child Protective Proceedings Benchbook: A Guide to Abuse & Neglect Cases, revised in 2006, is an update of the Michigan Judicial Institute's 1999 publication. The benchbook contains discussion of recent developments in this area, including the federal Adoption & Safe Families Act, new Subchapter 3.900 of the Michigan Court Rules, and case law. Included in appendixes are the Absent Parent Protocol, an excerpt from the Lawyer Guardian ad Litem Protocol, and information on complying with the Indian Child Welfare Act.An invaluable tool for lawyers handling child neglect cases, the benchbook contains information on the following topics:
This book in available in PDF format for viewing, printing and/or downloading at the Michigan Supreme Court's website. It is a complete reference tool, and contains detailed discussions of the following types of proceedings involving juveniles:
In addition to the law and procedure applicable to these proceedings, this benchbook contains discussion of the costs of juvenile proceedings, appeals, and recordkeeping requirements.An excellent article explaining how and why the court can obtain jurisdiction over a child because of the neglect or abuse of only one parent is "But I Didn't Do Anything Wrong: Revisiting the Rights of Non-Offending Parents in Child Protection Proceedings" by Vivek Sankaran, a visiting assistant clinical professor at the University of Michigan Law School. This was published in the Michigan Bar Journal in March 2006. 
This handbook explains the duties of a Guardian ad Litem. In neglect and abuse cases, in delinquency cases, and sometimes in hotly contested custody cases, the Family Court will appoint a lawyer to act as a Guardian ad Litem (sometimes called GAL) or the child.
The
Adoption Proceedings Benchbook
is a complete reference tool. It contains detailed
discussions of the law and procedure involved in adoption
proceedings. The benchbook contains numerous checklists and
forms.
Other Adoption Resources:
There are several reference materials used by judges, prosecuting attorneys, advocates, attorneys and -- perhaps you and your spouse -- that relate to domestic violence. These are available on the Internet as PDF files that you can read, print and/or download and save to your hard drive.
This invaluable reference explains all the laws, procedures,
and standards. The benchbook contains approximately 678
pages and the 3rd edition was copyrighted in 2004. It is
available in PDF format for viewing or downloading. The
Index may be accessed at this link.
Click here: Domestic Violence
Benchbook.
Handbook: A handbook to assist lawyers identifying and helping clients who are domestic violence victims Tips for devising a Safety Plan: Domestic violence victims are most at risk for serious injury or death when they try to leave the abuser. The ABA has an excellent resource to help lawyers help clients figure out safety plans for exit.
A resource for lawyers and clients alike, for counseling and safety planning services. Don't forget: the most dangerous time for an abused person is when he or she is trying to leave the relationship with the abuser. The Michigan Supreme Court has information regarding Personal Protection Orders, which can be used as an educational and information tool during the court process. The following PDF files, provided by the Court and the Michigan Judicial Institute, provide a detailed description of PPOs, the process to obtain one, and the ramifications of this legal document.
There are many resources in Michigan whose goal is to create violence-free homes and communities by eliminating domestic violence, sexual assault and child abuse through treatment and prevention services. They provide counseling, advocacy, shelter, treatment and prevention services. All services are confidential. Oakland County: HAVEN (Help Against Violent Encounters Now) and Oakland County Coordinating Council Against Domestic Violence
Lansing and East Lansing: MSU Safe Place
Grayling: River House Shelter
Crawford, Ogemaw, Oscoda, and Roscommon Counties: Turning Point
Grand Traverse County, and surrounding counties: The Women's Resource Center
Complete Listing of Shelters in Michigan
A complete list of shelters in Michigan published by the Angels in Blue - Law Enforcement Group: AIB: Domestic Violence - State Resources - Michigan
Family Law Advisor Articles: These provide information on all aspects of family law, especially domestic violence, and give local attorney referrals. "Additional Resources for Divorcing Parents and Single Parents." Last Revised November 3, 2005
“Wheels” Adapted from the Power and Control Wheel Model [developed by the Domestic Abuse Intervention Project, Duluth, MN. POWER AND CONTROL WHEEL, developed by the Domestic Abuse Intervention Project, Duluth, MN Michigan Crime Victims: Provides victim's services, support and healing for victims of all types of violence, including domestic abuse and sexual assault. Women's Law Initiative is a nationwide, online resource for women and girls living with or escaping domestic violence. Click here: Womenslaw.org
There are many good sources of information available on the Internet to help custodial parents deal with abduction of children by the non-custodial parent. In Michigan, the parental kidnapping statute states that if a parent keeps the child from the other parent more than 24 hours after the child was supposed to be returned, then that is parental kidnapping, which is a felony bearing up to 1 year and a day sentence in prison. See the following resources that will help families and their lawyers understand the laws and resources available to them: The United States Department of State has a Children's Passport Alert System that parents can use to prevent issuance of a passport for minor children who are the subject of custody disputes. The details can be found on the Department's website. Unfortunately, there is no subsequent tracking system available. Once the passport has been issued, the Department will not be able to prevent its use in removing a child from the United States. Learn more about the Passport Alert System here and access the online forms to enroll your child(ren). 1980 Hague Convention on the Civil Aspects of International Child Abduction Click here for a list of the countries that are signatories of the Hague Convention. Resources for Parents Left Behind in International Child Abduction Parents need to know how to prevent a family abduction and also what procedures to follow if an abduction has taken place. There are many resources below to assist parents.
State Laws - Family Abductions: Here's a chart from the website of the National Center for Missing and Exploited Children that cites the laws of every state that apply to parental abduction. Sometimes a non-custodial parent abducts a child and takes the child to another country, refusing return to the custodial parent. Many countries are signatories to The Hague Convention, an international compact that helps custodial parents recover children who are abducted and held in foreign countries. A valuable resource, a practitioner's guide to litigating Hague Convention cases, has been created and is made available to the public and to practicing attorneys by the International Missing Children’s Division of the National Center for Missing & Exploited Children. The manual, “Litigating International Child Abduction Cases Under the Hague Convention,” was prepared by the law firm of Kilpatrick Stockton LLP and is a valuable resource for all attorneys litigating Hague Convention cases in U.S. federal or state courts. The manual provides guidelines and relevant case law relating to litigating a Hague Convention case for the return of or access to a child. Other valuable Hague Convention resources are available online at www.missingkids.com. Reports on Compliance with the Hague Abduction Convention
Each year, the Department of
State Office of Children's Issues is required under Public
Law 105-277, Section 2803 to submit to Congress a report on
compliance by treaty partner countries with the 1980 Hague
Convention on the Civil Aspects of International Parental
Child Abduction (Hague Abduction Convention). 2009 Report on Compliance with Hague Convention on the Civil Aspects of International Parental Abduction Convention (Hague Abduction Convention) 2008 Report on Compliance with Hague Convention on the Civil Aspects of International Parental Abduction Convention (Hague Abduction Convention) 2007 Report on Compliance with Hague Abduction Convention ~~~~~~~~~~~~~~~~ RESOURCES and SUPPORT A top resource for assistance to parents of abducted children is:
National Center for Missing &
Exploited Children Visit the NCMEC website here: http://missingkids.com About the National Center for Missing & Exploited Children: The National Center for Missing & Exploited Children is a 501(c)(3) nonprofit organization. Since it was established by Congress in 1984, the organization has operated the toll-free 24-hour national missing children’s hotline which has handled more than 3,372,730 calls. It has assisted law enforcement in the recovery of more than 163,330 children. The organization’s CyberTipline has handled more than 1,116,860 reports of child sexual exploitation and its Child Victim Identification Program has reviewed and analyzed more than 50,852,620 pornography images and videos. The organization works in cooperation with the U.S. Department of Justice’s office of Juvenile Justice and Delinquency Prevention. To learn more about NCMEC, call its toll-free, 24-hour hotline at 1-800-THE-LOST or visit its web site at www.missingkids.com. International Centre for Missing & Exploited Children About the International Centre for Missing & Exploited Children:
The International Centre for Missing &
Exploited Children is a private, nonprofit 501(c)(3)
nongovernmental organization. It is the leading agency
working on a global basis to combat child abduction and
exploitation. It is the sister organization of the National
Center for Missing & Exploited Children located in the
United States. Website at
http://www/icmec.org See also: Bring Sean Home Foundation: The Campaign to Return Internationally Abducted Children www.bringseanhome.org IMPORTANT WEBSITES
The military has taken a zero tolerance position on the issue of domestic violence. See, in general, the National Center on Domestic and Sexual Violence. Department of Defense and Military Services Domestic Violence Contacts.
Resources for Military Families -- Family Advocacy Program for Navy families with domestic violence issues. For more information, click here. If you need immediate assistance, contact MaryAnn at 847-688-3603 ext. 133, or Janis Brown at 847-688-3603 ext. 123.
Family Advocacy Programs for U.S. Army families can be accessed at this website. USAREC Family Advocacy Program. See also Spouse Abuse Manual. U.S. Army Family Advocacy Program. Includes information on case management, assessment, treatment, and follow-up.
Family Advocacy Programs for U.S. Air Force families can be accessed at this website. Air Force Fapnet
Military Protective Orders. Military Family Resource Center. Provides an explanation of who may issue a military protective order, as well as the provisions included in this order. See also this website.
MILITARY POWER AND CONTROL WHEEL, adapted from the Power and Control Wheel developed by the Domestic Abuse Intervention Project, Duluth, MN See also this article: What Resources are Available to Help Military Families with Domestic Abuse Issues? Department of Defense and Military Services Domestic Violence Contacts: Valuable links to other organizations and websites of interest to military families provided by the National Center on Domestic and Sexual Violence.
To locate military legal assistance:
Information about military legal assistance is found on the
following Web sites:
Father's Rights: What Are the rights of a biological father have when the mother wants to give the child up for adoption? Read this article .
DNA IN PARENTAGE TESTING
How DNA parentage testing is done, how the outcome is reported (The Paternity Index; the Probability of Paternity) and what the test results mean.
FAQ: Frequently Asked Questions about DNA Paternity Testing
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Credit cards accepted:
Practice Areas: Divorce, Child Custody, Child Support, Spousal Support, Temporary Orders, Prenuptial / Post-nuptial Agreements, Domestic violence, Paternity, Post-Judgment Modifications
Copyright by Jeanne M. Hannah, Michigan Family Law Attorney. copyrighted © 2004 Last updated March 25, 2009.
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Jeanne M. Hannah, Family Lawyer
Postal address:5922 Deer Trail Drive, Traverse City, Michigan 49684 • E-mail: jeannemhannah [at] charter.net Practice Areas: Divorce Custody Parenting Time Child Support Post-Judgment Modifications Paternity Adoption Personal Protection Orders Spousal Support Property Distribution Pre-Nuptial / Post-Nuptial Agreements Estate Planning Guardianships/Conservatorships Neglect/Abuse Cases This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should consult with an attorney for individualized advice regarding your situation. Send mail to jeannemhannah [at] charter.net with questions or comments about this web site. Copyright © 2005-2011 Jeanne M. Hannah. All rights reserved. Last updated August 2011 Website Design by Hannah Web Design www.Hannahwebdesign.com Web site hosting by: Utopian Empire Creativeworks
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