LECTURE OUTLINE -FLINT MATRIMONIAL LAWYER TERRY R. BANKERT (810) 235-1970 CALL ATTORNEY FLINT DIVORCE BANKERT

FAMILY LAW LECTURE SERIES OF TERRY R. BANKERT
CONTENTS


LECTURE 1 . Overview

General Considerations

The divorce process

The economics of divorce

Initial Pleadings

Service

Parties in the Armed Services

Motions for Temporary Relief

The Friend of the Court

Domestic Relations Referees

Pretrial Conferences

Alternative Dispute Resolution, Mediation, and Arbitration

Settlement Agreements

Separations agreements

Retirements Benefits

Entering Judgments

Selected Trial Issues

Modification of Judgments

Relief from Judgments

Enforcement of support and property provisions.

Proceudure

Pets

pre-Post nupptial agreements

Tax Issues

Footnotes

Forms and Exhibits

Related Resources You Own

FAQ







LECTURE 2. Overview

Marriage

Annulment

Separate Maintenance

Dissolution of a Marraige

modifications

Footnotes

Related Resources You Own

FAQ





LECTURE 3 Overview CHILD CUSTODY

Adoption



Authority to Decide Child Custody Disputes

Is There an Established Custodial Environment?

The “Best Interests of the Child” Standard

The Lawyer–Guardian ad Litem

Sole and Joint Custody

The Custody Order

Reaching an Agreement on Custody

Modification of the Custody Order
SEE
http://michiganchildcustody.blogspot.com/2011/05/modification-of-child-custody-order.html

*Parent voluntarily relinquishes physical custody to other parent voluntarily.
http://michiganchildcustody.blogspot.com/2011/05/parent-voluntarily-and-temporarily.html

Change of Domicile -child relocation

Third-Person Custody

The Role of the Friend of the Court

The Role of Domestic Relations Referees

Interstate Custody Disputes

International Custody Disputes

modifications

Footnotes

Forms and Exhibits

Related Resources You Own

FAQ





LECTURE 4 Overview PARENTING TIME





General Principles

Parental preference

Grandparent rights to Michgian parenting time

3rd party rights

Factors to Be Considered inDetermining Parenting Time

Orders for Parenting Time, visitation

Parenting Time Enforcement

Parenting Time Enforcement Underthe Uniform Child-Custody Jurisdiction and Enforcement Act

Parenting Time and Support Payments

Parenting Time Modification
05/02/11 mini brief change in parenting time.
http://bankertparentingtime.blogspot.com/2011/05/michigan-change-parenting-time-mini.html



Grandparenting Time

Parenting Time and Personal Protection Orders

modifications

Footnotes

Forms and Exhibits

Related Resources You Own

FAQ





LECTURE 5 Overview CHILD SUPPORT





Children’s Right to Support

Parents’ Obligation to Support

Jurisdictional Requirements

Authority for Ex Parte and Temporary Ordersfor Child Support

Determining the Amount of Support

Parental Agreements Regarding Child Support

Domestic Relations Referees, Mediation, and Arbitration

Provisions in Support Orders and Judgments

Modification

Abatement, Credit for Overpayments,Cancellation, and Termination

Enforcement of Support Orders

Interstate Enforcement Remedies:The Uniform Interstate Family Support Act

Additional Interstate Enforcement Remedies

modifications

Footnotes

Forms and Exhibits

Related Resources You Own


FAQ




LECTURE 6 Overview SPOUSAL SUPPORT





General Considerations

Factors Affecting Spousal Support

The Amount and Duration of Support

Requirements for Judgmentsand Spousal Support Orders

Tax Considerations

Enforcement

Enforcing Spousal Support Ordersfrom Other States

Modification of Spousal Support

The Effect of Bankruptcy

Alimony in Gross

modifications

Footnotes

Forms and Exhibits

Related Resources You Own

FAQ





LECTURE 7 Overview FRIEND OF THE COURT





Governing Statutes

Friend of the Court Cases

Alternative Dispute Resolution

Recommendations

Enforcement

Review and Modification of Order

Interstate Matters

Complaints Against the Friend of the Court

Related Resources You Own

FAQ





LECTURE 8 Overview PROPERTY





General Principles

Effect of Agreements Concerning Property

Distinguishing Marital and Separate Property

Specific Types of Property: Marital or Separate

Valuation

Standards for Distributing Marital Property

Separate Property

Dividing Pension and Retirement Benefits

Bankruptcy

Enforcement Measures

modifications

Footnotes

Related Resources You Own

FAQ





LECTURE 9 Overview TAX CONSIDERATIONS





Spousal Support and Section 71 Payments

Property Settlements and Taxes AffectingMarital Property

Dependency Exemptions for Children ofDivorced or Separated Parents

Tax Treatment of Divorce-Related Legal andAccounting Fees

Qualified Domestic Relations Orders and EligibleDomestic Relations Orders

Filing Status and Related Matters

Sale of the Marital Residence

Footnotes

Related Resources You Own

FAQ





LECTURE 10 Overview PATERNITY





Proceedings Under the Paternity Act

Acknowledgment Under the Adoption Code

The Acknowledgment of Parentage Act

The Child Custody Act

Divorce Proceedings

Child Protective Proceedings

Interstate Adjudication of Paternity

Footnotes

Related Resources You Own

FAQ





LECTURE 11 Overview ADOPTION





In General

Temporary Placements

Basic Adoption Procedures

Consents and Releases

Involuntary Termination ofa Biological Parent’s Rights

Adult Adoptees

Challenging an Institutional Guardian’s Withholding of Consent (a “Section 45” Hearing)

Compensation Under the Adoption Code

Identifying and Nonidentifying Information

Birth Records

Adoption Attorneys—Direct Placement Adoptions

Footnotes

Related Resources You Own

FAQ





LECTURE 12 Overview GUARDIANSHIP





Overview

Full Guardians of Minors

Temporary Guardians

Limited Guardians

Court Review of Guardianships

Termination of Guardianships

Guardians’ Standing to Seek Custody of Minors

Guardianships and Termination of Parental Rights

Conservators for Minors and Protective Proceedings

Footnotes

Forms and Exhibits

Related Resources You Own

FAQ





LECTURE 13 Overview INDIAN FAMILY LAW





Overview of the Indian Child Welfare Act

Does the Indian Child Welfare Act Apply to This Case?

Jurisdiction over the Indian Child

Notice of the Child Custody Proceeding

Involuntary Foster Care Placement

Juvenile Delinquency Proceedings Involving Status Offenses

Involuntary Termination of Parental Rights

Adoptive Placement Following Involuntary Termination

Voluntary Foster Care Placement

Consent to Termination of Parental Rights and Adoption

Footnotes

Forms and Exhibits

Related Resources You Own


FAQ




LECTURE 14 DOMESTIC VIOLENCE


FAQ




LECTURE 15 BANKRUPTCY

OVERVIEW

FAQ



LECTURE 16 ELDER LAW

OVERVIEW

FAQ



LECTURE 17 SOCIAL MEDIA

OVERVIEW

e-discover

FAQ



LECTURE 18 FAMILY LAW PROCEDURE

OVERVIEW

Complaint for divorce with minor children.
http://flintdivorce.blogspot.com/2011/07/michigan-complaint-for-divorce-flint.html

Mandatory settlement conference or pre trial.
http://matrimonialcourtprocedure.blogspot.com/2011/05/mandatory-settlement-or-pretrial.html

FAQ



LECTURE 19 FAMILY LAW ALTERNATIVE DISPUTE RESOLUTION

OVERVIEW

Alternative dispute resolution

Arbitration

mediation

collaborative law

FAQ

LECTURE 20

DISCOVERY

FAQ

LECTURE 21 DISCOVERY

LECTURE 22 misc issues

Business evalution

The Emancipation of a Minor



Changing an Adult’s Name

Choosing or Changing a Minor’s Name

Parental Consent and Abortions Involving Unemancipated Minors

palimony

same sex parents / marraige

military issues

probate/estate

dns

reproductive technology

surrogacy

FAQ

LECTURE 23  VENDORS


*** FORMS AND EXHIBITS
FAQ
***SOURCES THIS SERIES OF LECTURE

***GENERAL FAMILY LAW LINKS

*** LINKS TO LECTURE OUTLINE OF FLINT MARTIMONIAL LAWYER TERRY BANKERT

*** VIDEO LINKS ON MATRIMONIAL LAW

***VIDEO LINKS OF TERRY BANKERT

***LINKS TO ARTICELS OF TERRY BANKERT PUBLISHED ON OTHER SOURCES

***UPCOMING EVENT-not vetted

*** Thank You to other sites that link to this site. These are called banklinks and help us all with the search engines.

***

FAQ
***
BANKERT MINI BREIFS POST 05/02/11

GENESEE DIVORCE FLINT DIVORCE LAWYER,ATTORNEY TERRY BANKERT (810)-235-1970,DIVORCE FLINT

GENESEE DIVORCE FLINT DIVORCE LAWYER,ATTORNEY TERRY BANKERT (810)-235-1970,DIVORCE FLINT



TODAY THE KEYWORDS FOR A RESPONSIBLE DIVORCE ARE GETTING EMERGENCY DIVORCE ORDER TO PROTECT CHILDREN OR YOU.



Ex parte orders; temporary restraining orders. §§1.17–1.24.



EX PARTE MEANS YOU GO TO THE JUDGE FOR AN ORDER WITHOUT LETTING YOUR DIVORCING SPOUSE KNOW.

The court must be satisfied by specific facts set forth in an affidavit or verified pleading that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.

MICHIGAN DIVORCE LAW GUIDE THE COURT

Orders are effective upon entry but may not be enforced until the other party is served with notice.

Ex parte orders for child support, custody, or parenting time must include the notice in MCR 3.207(B)(5).



EFFECTS OF A DIVORCE SOMETIME REQUIRE PROTECTION

Temporary restraining orders. §1.21.

Requirements for granting a temporary restraining order (TRO):

It clearly appears from specific facts shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.

The applicant’s attorney certifies in writing any efforts to give notice and why notice should not be required.

A permanent record is made of nonwritten evidence, arguments, or representations supporting the application.



DIVORCING REQUIRES ORDERS FROM THE COURT



The order must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.

Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.

PPO

For personal protection orders, see §1.22 and Mary M. Lovik, Domestic Violence Benchbook: A Guide to Civil and Criminal Proceedings (3d ed MJI 2004).







If you have family law/divorce question call for a free consultation Attorney Terry Bankert 235-1970 or reach him through http://www.attorneybankert.com/


FAMILY IN ECONOMIC DISTRESS try his informational site http://www.nojokebeingbroke.com/
 if you have bankruptcy questions.



Principal source

Michigan Family Law Benchbook ch 1 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=01
 (last updated 04/01/2011

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