Family Law FAQs
As you seek legal options regarding your divorce, child custody modification, adoption or other family law issue, it is natural and common to have many questions about your situation. At our law firm, we believe in making each and every one of our clients feel comfortable with the decisions they make before, during and after the resolution of their family law matter. This personal care and attention to detail is what sets our family law practice apart from so many others throughout Michigan.
We invite you to please review some of the Frequently Asked Questions (FAQs) regarding family law below. Please keep in mind that this should not be construed as legal advice for your family law issue but general information about various family law topics.
If you would like to discuss your concerns and legal needs – please contact us today for help. Our skilled and experienced divorce attorney can help you. We are located in Portage, Michigan, and serve Kalamazoo and other surrounding Southwest Michigan areas.
Answers To Frequently Asked Family Law Questions
Why Do I Need A Family Law Or Divorce Lawyer?
Many clients come to us wanting to know exactly what our family law practice can do for them. Why not just get a divorce without a lawyer? Why not just obtain an adoption through the agency? The answer is this: only an attorney will have what is called a “fiduciary” duty to his or her client. This is a legal obligation to act and counsel in the best interests of the client. A divorce or family law attorney will be there to watch out for your rights and your own personal needs when no one else is obligated to. You do not want to run into a legal mess and wish you had hired a lawyer right off the bat. Seek experienced counsel today.
Will I Have To Go Through Litigation?
This varies, depending on the specific divorce scenario at hand. When a divorce is uncontested, this means parties are able to come to an agreement on all divorce issues, then the divorce can be finalized rather quickly. It is usually with contentious situations that litigation is required. Our law firm always stands by our clients in what works best for his or her personal situation. We urge you to consult with us to find out the best course of action for you and your family.
Are There Other Options Other Than Trial?
Yes. Negotiation settlements and mediation are very common options for many divorcing parties rather than trial. Trial is more costly, takes more time and does not allow for the parties to decide the outcome of their divorce. A trial comes down to the decision of a judge. It is important that you at least consider the option of an uncontested divorce through mediation or negotiations.
How Is Child Custody Determined?
Child custody is always determined based on the best interests of the child. This is different and unique for every child. Many different factors are examined, including the age of the child, current relationship with each parent, the child’s preference (depending on age and maturity) and many other nuances. The important thing to keep in mind is to think about what is truly best for your child and stay amicable for the sake of the child.
What Happens If I Need To Change My Child Support Agreement?
Modifications can be sought after a divorce has been finalized. However, there are certain time restrictions (in other words you can’t seek a modification the day after your divorce is finalized unless it is an exigent circumstance of course). But family law in Michigan does allow for post-divorce modifications. They must be petitioned through the court and an attorney can file one for you.
Can I Move Away With My Child?
No. You cannot just move away with your child, especially if there is an existing child custody agreement and especially if you are moving out of state or internationally. A modification to the agreement must be sought and approved by the family court judge. The best interests of the child must be determined before any action is taken. Furthermore, you could be held in contempt of court for going against the agreement or even face criminal charges such as kidnapping.