Legal Question in Family Law in Michigan

Re: alienation?

It could be. Custody battles quite frequently get ugly. An evidentiary hearing is a mini trial where each side presents proofs such as testimony from witnesses, documentary evidence, etc., that are all subject to statues, case law and court rules. If you don't already have an attorney, you should ge one to make sure your rights are adequately protected. This can be a complicated hearing and wihout an attorney you will be at a seriious disadvantage. I offer free consultations, if you would like to discuss this in further detial, call me at 576-979-7302. Good luck.

Janet Ziulkowski

(586) 979-7302

(www.ziulkowskilaw.com)

([email protected])

An

Re: alienation?

The lawyer could introduce eye witness testimony, letters, phone recordings, etc. Perhaps if the child is old enough, the judge may even interview your child in chambers (not in court) You should not be saying or doing anything that would disparage your ex-husband in front of your child. This is what the attorney means by alienating. If you are alienating the child from the non-custodial parent, the custody arrangement could be altered, or you might be found in contempt of court and sanctioned. For more info. please contact my office at (248)851-3171.

Re: alienation?

You need to understand a few things and then act consistently with that understanding.

1) Nothing is going to keep you from his pension, because it's NOT "his" pension. The law is fairly specific: significant, non-personal assets accumulated during the marriage belong to both of you. It doesn't matter that it's being held by the company in his name at present. Treat it as non-negotiable and make sure the transfer happens BEFORE or the same day as the divorce is entered, because you can kiss it goodbye afterwards. Many men spend it all and then declare bankruptcy JUST so they don't have to turn it over. You don't care whether he has to cash in the pension, or takes out a loan,--don't get involved in that decision. So long as he fairly divides what belongs to both of you, you don't care how it gets done, so long as it gets done before the judge signs off on it. Same day delivery of a check is fine, but if not, be prepared to spend it up in attorney bills just trying to get your ex to comply with his responsibilities.

2) The FOC made the recommendation based on her/his interviews and your combined history. Unless your husband can come up with a valid objection, the judge will have no basis upon which to dispute the recommendation. Make sure the FOC stands behind his or her decision and make sure you support that decision with specifics that were also told to the FOC. Don't embellish.

Stick with the visitation schedule and don't even talk to your husband about money and his pension, encourage the child to have a lovely relationship with his father. Don't talk about ANYTHING with your child that is not child-appropriate: this means that your relationship with his daddy is 100% off-limits. It's not stuff a child needs to know. Further, you'll be surprised how conversations that you have with your husband will get turned against you. Encourage your child to have a good relationship, but don't talk to your Ex or expect him to be reaasonable about anything. Get a WELL-DEFINED visitation schedule,--don't fall for that "liberal visitation" crap. It's almost always a ploy to undermine your custody later, when teh reality of child support kicks in. You don't have a good relationship now, you're not going to have one for a long time if ever. That's the rule of thumb,--if you do work out a better relationship later, it will be because the rules were clear and you learn to work with them in a fair way. it's better for the child to be able to tell him "This is daddy's time to spend with you, this is my time to spend with you!" Don't leave your child with your ex-husband for any reason of convenience. Take him with you. He will use this against you down the road. Favors are for friends, not battling ex-spouses. Unless your husband is going to have to pay you significant alimony, you are going to have to work in the near future. Don't count on getting money from him to allow you continue to stay at home,--the law only works like that for the wealthy.

Re: alienation?

If you do not have a lawyer, you need one. If you do have a lawyer, this is the type of question you should be asking of your lawyer. I would assume that his evidence will be what someone else overheard you say or even his own testimony about things you told your son, etc. Just stick to your guns and you should have a good result. William S. Stern 248-353-9400