Stelmock Law Firm, PC

The purpose of this blog is to provide an update regarding Wayne County Circuit Court Zoom hearings. As of May 11, 2020, and likely thru the end of the year, if not forever, Wayne County Circuit Court Family Division is re-opening for REMOTE ZOOM HEARINGS ONLY. ALL HEARINGS WILL BE DONE VIA ZOOM. ALL JUDGES VIRTUAL COURTROOMS CAN BE FOUND AT 3RDCC.ORD/ZOOM Courtroom Zoom YouTube Channel Courtroom Email Hon. Kathleen M. McCarthy Join Meeting Live Stream JudgeMcCarthy-Court@3rdcc.org Hon. Eric W. Cholack Join Meeting Live Stream JudgeCholack-Court@3rdcc.org Hon. Melissa A. Cox Join Meeting Live Stream JudgeMACox-Court@3rdcc.org Hon. Charlene M. Elder Join Meeting Live Stream JudgeElder-Court@3rdcc.org Hon. Helal A. Farhat Join Meeting Live Stream JudgeFarhat-Court@3rdcc.org Hon. Alexis A. Glendening Join Meeting Live Stream JudgeGlendening-Court@3rdcc.org Hon. Adel A. Harb Join Meeting Live Stream JudgeHarb-Court@3rdcc.org Hon. Charles S. Hegarty Join Meeting Live Stream JudgeHegarty-Court@3rdcc.org Hon. Lisa M. Neilson Join Meeting Live Stream JudgeNeilson-Court@3rdcc.org Hon. Lynne A. Pierce Join Meeting Live Stream JudgePierce-Court@3rdcc.org Hon. Carla G. Testani Join Meeting Live Stream JudgeTestani-Court@3rdcc.org PPO Courtroom Join Meeting Live Stream PPO-Court@3rdcc.org Stelmock Law Firm, PC is closely following developments with Wayne County Circuit Court Zoom Hearings, the global COVID-19 pandemic and we are continuing to take measures to protect the health and safety of our personnel and their families. As with you, the situation is forcing us to change the ways we do business, but our commitment to providing outstanding client service remains unchanged. Rest assured that none of our operations have been interrupted, the Law Firm has when reasonable, restricted communication with clients to e-mail, telephone, and videoconferencing instead of in-person meetings. Despite this unprecedented pandemic and the actions and reactions it demands, we will continue to be responsive, minimize disruptions, and accommodate clients’ and colleagues’ protocols. If Stelmock Law Firm, PC is currently handling a matter for you, please contact your attorney and his or her legal assistant as you have already been doing. If you are not yet a client and require legal assistance, please contact us at 734.927.9782 and we will be happy to help. Please stay safe, and we will update you if circumstances change. Sincerely, Robert J. Stelmock Managing Attorney

Change of Circumstances or Proper Cause Some time has passed since the entry of your last custody and parenting time Order. You now want to change parenting time but are not sure how accomplish the change. It is well understood that child custody, parenting time and child support are always modifiable until the child reaches the age of 18. However, the Court will often deny Motions to Change parenting time by citing that there has not been a change of circumstances or proper cause since the entry of the last order. The purpose of this blog is to provide you with some background regarding what is required to modify parenting time. Threshold hearing: Proper Cause or Change in Circumstances A trial court may not examine the best interests factors and modify a prior parenting time order without first conducting a threshold inquiry to determine whether there has been “proper cause shown” or a “change of circumstances.” Terry v Affum, 237 Mich App 522, 534–535, 603 NW2d 788 (1999). The framework for evaluating “proper cause” or “change of circumstances” when a party requests to modify a parenting time order depends on whether an established custodial environment is affected and the type of modification requested. If the proposed parenting time modification changes the child’s established custodial environment, the court should “apply the ‘proper cause and change of circumstances’ framework [from Vodvarka v Grasmeyer, 259 Mich App 499, 675 NW2d 847 (2003)] If the modification would not change the established custodial environment but amounts to “a change in the duration or frequency of parenting time,” the standard in Shade v Wright, 291 Mich App 17, 27, 805 NW2d 1 (2010) applies. The court in Shade found that there was a sufficient change of circumstances to modify parenting time when the existing parenting time schedule precluded the minor child from engaging in high school social and extracurricular activities due to the distance between her parents’ homes in Michigan and Ohio. In reaching this holding, the court applied “a more expansive definition of ‘proper cause’ or ‘change in circumstances’” than what was articulated in Vodvarka, recognizing that normal life changes that occur during a child’s life are precisely the types of considerations a court should review in determining requests for parenting time modifications. Shade, 291 Mich App at 28. According to MCL 722.27(1)(c), a court may "modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances until the child reaches 18 years of age...". In Vodvarka v Grasmeyer, 259 Mich App 499; 675 NW2d 847 (2003), the landmark decision on child custody modifications, the Michigan Court of Appeals found that the movant must establish proper cause or change of circumstances by a preponderance of the evidence. This is the threshold question that must be answered before the circuit court will proceed any farther on the issue of modifying custody. If proper cause or change of circumstances exists, the movant has a right to a full evidentiary hearing where the judge must decide if it is in the best interests of the child to modify custody. If proper case or change of circumstances does not exist, then the motion to modify will be denied. Proper Cause A trial court may modify a previous child custody judgment or order “for proper cause shown or because of change of circumstances.” MCL 722.27(1)(c). “[P]roper cause means one or more appropriate grounds that have or could have a significant effect on the child’s life to the extent that a reevaluation of the child’s custodial situation should be undertaken.” Vodvarka v Grasmeyer, 259 Mich App 499, 511; 675 NW2d 847 (2003). Change of Circumstances A change of circumstances means “conditions surrounding custody of the child, which have or could have a significant effect on the child’s well-being, have materially changed.” Id. at 513- 514 (emphasis in original). Either proper cause or a change of circumstances must be both significant and determined by reference to the statutory “best interest” factors enumerated in MCL 722.23. Id. at 511, 514. After proper cause or a change of circumstances has been demonstrated, “the trial court can then engage in a reevaluation of the statutory best interest factors.” Id. at 511. "Because a "change of circumstances" requires a "change," the circumstances must be compared to some other set of circumstances. And since the movant is seeking to modify or amend the prior custody order, it is evident that the circumstances must have changed since the custody order at issue was entered. Of course, evidence of the circumstances existing at the time of and before entry of the prior custody order will be relevant for comparison purposes, but the change of circumstances must have occurred after entry of the last custody order. As a result, the movant cannot rely on facts that existed before entry of the custody order to establish a "change" of circumstances." Vodvarka, 259 Mich App at 514. What is considered proper cause or change of circumstances is highly subjective and can vary from judge to judge. Please give us a call, 734.927.9782, so that we can provide our insight regarding your parenting time matter. At Stelmock Law Firm P.C., our skilled Michigan Family Law Parenting Time attorneys handle all aspects of Michigan family law cases. Your specific situation may be somewhat different from the norm; please call,734.927.9782, the Canton Michigan Divorce Lawyers and Family Law Attorneys at Stelmock Law Firm, PC to discuss your matter. We represent clients in the Metro Detroit area (Canton, Plymouth, Northville, Livonia, Westland, Ann Arbor, Novi) and throughout Wayne, Washtenaw, Oakland, and Livingston counties. The firm’s office is located at 8556 N. Canton Center Road, Canton Michigan 48187.

Michigan Family Law: Back to School It is about that time of year whereby parents are involved with back to school shopping and tracking down the ever growing list of back to school supplies. In a few weeks the children will be back in school to meet new teachers, friends and to adjust to a different routine. The transition back to school can be a source of stress especially if the children’s parents are no longer together. The purpose of this Michigan Family Law: Back to School blog is to hopefully provide some tips to help remove some of the stress for the parents as well as the children. Purchase of School Supplies and clothing In Michigan Family Law it is presumed that back to school supplies and school clothing are to be paid with child support. However, I encourage parents to work and pay together the supplies and back to school clothing as it benefits your children. I often suggest that my client to create of list of items needed, indicate what has been purchased from that list and then ask the other parent if they would be willing to obtain the rest of the items. This approach has been more successful then purchasing the supplies and clothing and then seeking reimbursement. Shared Family Calendar and update regularly There are several free programs and apps that can help families communicate and schedule events. It is common in Michigan Family Law Courts to require the parties to use a paid calendar service like ourfamilywizard.com. https://www.ourfamilywizard.com/ Make sure that calendar includes but is not limited to school vacation time, homework deadlines, school photograph days, medical appointments, extracurricular events and other important events. Plan for inclement weather and no school days Review your parenting time agreement to determine if there is some language that dictates what will happen when there is no school. If there is such language then you will need to understand and follow same. However, if there is not then you need to agree in a writing form, best way is via a Consent Order, what will happen during these times. Make Sure the school is informed Inform the school if there has been a change in parenting time and whom is going to pick up the children. Provide the school with an updated version of the parenting time Order. If there is an Order for supervised parenting time then make sure the school has a copy of that Order; the Order should indicate that a particular parent cannot pick up the children from school otherwise the child could be released to that parent. Inform the Children’s Teachers Teachers should be made aware of changes at home as it will then be easier for them to monitor the child’s behavior and performance changes. Keep in regular contact with the teacher to determine if the separation is having an impact on their behavior or academic performance. Backpack stays with the child If there is a homework folder then keep the homework folder in the backpack. If there is important information in the backpack then make sure the other parent is aware of same. Parenting Time Facilitator If the child is struggling in school then a change in the parent time schedule may be warranted. If you disagree with your ex-partner on issues pertaining to your children, instead of filing a Motion with the Court reach out to a competent parenting time facilitator to help sort things out. I have been appointed in numerous matters by the Court to help parents with parenting time issues and would be glad to help you as well. At Stelmock Law Firm P.C., our skilled Michigan Family Law attorneys handle all aspects of Michigan family law cases. Your specific situation may be somewhat different from the norm; please call,734.927.9782, the Canton Michigan Divorce Lawyers and Family Law Attorneys at Stelmock Law Firm, PC to discuss your matter. We represent clients in the Metro Detroit area (Canton, Plymouth, Northville, Livonia, Westland, Ann Arbor, Novi) and throughout Wayne, Washtenaw, Oakland, and Livingston counties. The firm’s office is located at 8556 N. Canton Center Road, Canton Michigan 48187. OURFAMILYWIZARD.COM Tools for Conflict Free Co-Parenting | OurFamilyWizard

Michigan Divorce, should I keep the home? As a Michigan Divorce attorney, a common question that I receive from our clients is should I keep the marital home? The answer that I usually provide is that I am not trying to be evasive but the answer to that question depends on numerous factors. A house can mean a lot of different things to different people. For some, the home is a place to live that is made up a bunch of bricks and two-by-fours. For others, it can also represent an important asset. You may love your house for its proximity to your work, your family, your children’s school, for stability or consistency for your children during a difficult time. It is common in a Michigan divorce that one spouse wants to keep the house and buyout the other spouse's equity share in the divorce settlement. The most common reasons to keep the marital home include but are not limited to the following: stability, keeping the children in the same school district, attachment to the house or neighborhood, and/or a perceived inability to afford comparable housing. Keeping the marital home reduces disruption for the children, avoiding the need for them to change schools and activities. In a Michigan divorce, you have two main options with the marital home; sell it and split the proceeds or one party buys out the other parties equity interest. Sell the marital home The true value of any home is what someone will pay for it. Selling a home offers a clean break and closure for the divorcing couple. It also can provide each party with cash to cover divorce attorney fees, settle debts, and find new living situations. Buyout the other party In a buyout, the person who wants to keep the home pays the spouse half of the equity in the marital home and refinances the mortgage solely into their name. One spouse may choose to keep the family home to maintain consistency for their children, or because it’s close to school or work. It’s also a good option if your local real estate market is not favorable, and you would take a loss if you sold. Refinance the Home If you decide to keep the house, and can agree on a buyout amount with your spouse, the next step is to deal with the present mortgage.Generally, the mortgage will have to be refinanced into your name alone. That means you will have to qualify for the refinancing. We advise that if you want to keep the home that early on in the Michigan Divorce process you get pre approved for a mortgage. The decision whether to keep or sell the house should be made as a part of the overall global Michigan divorce settlement. When making this decision, consider the assets and debt you expect to obtain in the divorce settlement, your anticipated income and any anticipated support you may receive (alimony or child support). We help our clients by having them fill out a budget of monthly expenses in order to visualize what they need to be able to afford the home. Please keep in mind, that if you cannot comfortably afford the housing expenses, it might be best to consider selling the house and replacing it with something more affordable. Take your time with this decision and utilize all of the resources available to you: your lawyer, accountant, financial planner, and a trusted friend or family member who is knowledgeable in these matters. When determining the division of property the Court takes into consideration the following: MCL 552.19, .23, .101, .103, .401; MCR 3.211(B)(3); Yeo v Yeo, 214 Mich App 598, 543 NW2d 62 (1995). At Stelmock Law Firm P.C., our skilled Michigan Divorce attorneys handle all aspects of Divorce and family law cases. Your specific situation may be somewhat different from the norm; please call,734.927.9782, the Canton Michigan Divorce Lawyers and Family Law Attorneys at Stelmock Law Firm, PC to discuss your matter. We represent clients in the Metro Detroit area (Canton, Plymouth, Northville, Livonia, Westland, Ann Arbor, Novi) and throughout Wayne, Washtenaw, Oakland, and Livingston counties. The firm’s office is located at 8556 N. Canton Center Road, Canton, Michigan 48187.

Michigan Divorce, should I keep the home? As a Michigan Divorce attorney, a common question that I receive from our clients is should I keep the marital home? The answer that I usually provide is that I am not trying to be evasive but the answer to that question depends on numerous factors. A house can mean a lot of different things to different people. For some, the home is a place to live that is made up a bunch of bricks and two-by-fours. For others, it can also represent an important asset. You may love your house for its proximity to your work, your family, your children’s school, for stability or consistency for your children during a difficult time. It is common in a Michigan divorce that one spouse wants to keep the house and buyout the other spouse's equity share in the divorce settlement. The most common reasons to keep the marital home include but are not limited to the following: stability, keeping the children in the same school district, attachment to the house or neighborhood, and/or a perceived inability to afford comparable housing. Keeping the marital home reduces disruption for the children, avoiding the need for them to change schools and activities. In a Michigan divorce, you have two main options with the marital home; sell it and split the proceeds or one party buys out the other parties equity interest. Sell the marital home The true value of any home is what someone will pay for it. Selling a home offers a clean break and closure for the divorcing couple. It also can provide each party with cash to cover divorce attorney fees, settle debts, and find new living situations. Buy out the other party In a buyout, the person who wants to keep the home pays the spouse half of the equity in the marital home and refinances the mortgage solely into their name.One spouse may choose to keep the family home to maintain consistency for their children, or because it’s close to school or work. It’s also a good option if your local real estate market isn’t favorable, and you would take a loss if you sold. Refinance the Home If you decide to keep the house, and can agree on a buyout amount with your spouse, the next step is to deal with the present mortgage.Generally, the mortgage will have to be refinanced into your name alone. That means you will have to qualify for the refinancing. We advise that if you want to keep the home that early on in the Michigan Divorce process you get pre approved for a mortgage. The decision whether to keep or sell the house should be made as a part of the overall global Michigan divorce settlement. When making this decision, consider the assets and debt you expect to obtain in the divorce settlement, your anticipated income and any anticipated support you may receive (alimony or child support). We help our clients by having them fill out a budget of monthly expenses in order to visualize what they need to be able to afford the home. Please keep in mind, that if you cannot comfortably afford the housing expenses, it might be best to consider selling the house and replacing it with something more affordable. Take your time with this decision and utilize all of the resources available to you: your lawyer, accountant, financial planner, and a trusted friend or family member who is knowledgeable in these matters. When determining the division of property the Court takes into consideration the following: MCL 552.19, .23, .101, .103, .401; MCR 3.211(B)(3); Yeo v Yeo, 214 Mich App 598, 543 NW2d 62 (1995). At Stelmock Law Firm P.C., our skilled Michigan Divorce attorneys handle all aspects of Divorce and family law cases. Your specific situation may be somewhat different from the norm; please call,734.927.9782, the Canton Michigan Divorce Lawyers and Family Law Attorneys at Stelmock Law Firm, PC to discuss your matter. We represent clients in the Metro Detroit area (Canton, Plymouth, Northville, Livonia, Westland, Ann Arbor, Novi) and throughout Wayne, Washtenaw, Oakland, and Livingston counties. The firm’s office is located at 8556 N. Canton Center Road, Canton, Michigan 48187.

Michigan Parenting Time How can you as a parent help your child(ren) with the separation from either a divorce or a relationship breakup? The following is intended to be a general guideline and not an exhaustive list of potential issues that occur with Michigan Parenting Time. Michigan Parenting Time: Life Changes. A major cause of stress in children is simply the number and variety of life changes they experience as a result of a divorce or separation. This would include but is not limited to the following: the loss of a parent and perhaps siblings; a move to a new home; a move to a new city; starting a new school; having to make new friends; parent starting a job; parent bringing home dating partners or re-marrying; adjusting to new step siblings; and loss of easy access to grandparents and other relatives, etc. The more life changes, the more sources of stress the child must find resources and skills to deal with. The greater the number of stressors to which children are exposed, the greater the chance of serious emotional problems. Michigan Parenting Time: New Partners. Many divorced or separated parents try to deal with their own pain and loss by quickly involving themselves in a new relationship. This rarely solves the problems of the former relationship, which usually resurface after the courtship phase of the new relationship ends. When the newly divorced or separated parent intensifies the new relationship by either remarrying or living with the new partner, the stress on the children is increased. It is a large change for them and brings up issues of divided loyalties between the new person and their other parent. Both for the parent's own healthy adjustment and that of the children, waiting some period of time ( a year or more) before starting a serious relationship is a good idea. Michigan Parenting Time: Moving and Access. The parent's desire to flee painful memories of the ex-spouse/partner and the community by moving to a new location usually causes the children intense stress. Some parents may feel that moving will help the children by getting them away from the other parent when he or she is not considered a "good parent." Others think that moving away will shelter children from the harmful effects of "bouncing back and forth" during access. Parents should bear in mind, however, that most children benefit from seeing both parents as much as possible, and that these benefits outweigh problems associated with moving back and forth or in the inconsistency between the two homes. Again, most of the problems are between the parents. Both parents should avoid moving such distances from one another that frequent contact with the children is made difficult or impossible. Some courts discourage a parent from moving, away by requiring that the moving parent to pay all costs of access. When long distance moves occur, the absent parent should maintain frequent contact through telephone calls, text message and video conferencing. Michigan Parenting Time: Supervised Access. Where serious problems exist with the other parent--so serious that the children are in danger of being physically, or emotionally damaged, legal remedies are available. Supervised parenting time can be arranged. The child(ren) has a right to parenting time unless the court determines on the record by clear and convincing evidence that parenting time would endanger the child(ren)’s physical, mental or emotional health (MCL 722.27a) http://www.legislature.mi.gov/(S(zz0vflitdagtos2t0tnfof3e))/mileg.aspx?page=getobject&objectname=mcl-722-27a At Stelmock Law Firm P.C., our skilled Michigan Parenting Time attorneys handle all aspects of child custody and parenting time cases. We have experience in demonstrating to the court why our client is in the better position to care for their children. In order to determine the length, frequency and type of parenting time, the court considers several factors (MCL 722.27a) If you need parenting time help in Michigan, please do not hesitate to contact our legal team at 734.927.9782 for help. Your specific situation may be somewhat different from the norm; please call,734.927.9782, the Canton Michigan Parenting Time Lawyers and Family Law Attorneys at Stelmock Law Firm, PC to discuss your matter. We represent clients in the Metro Detroit area (Canton, Plymouth, Northville, Livonia, Westland, Ann Arbor, Novi) and throughout Wayne, Washtenaw, Oakland, and Livingston counties. The firm’s office is located at 8556 N. Canton Center Road, Canton, Michigan 48187. LEGISLATURE.MI.GOV Michigan Legislature - Section 722.27a