"Adoption" is a family law matter although the papers are
processed in the Probate Court. In all situations, an adopted child is treated as a natural
born child. When a step-parent wants to adopt his or her new spouse's child, this
adoption has consequences in the areas of child support, parenting time and inheritances.
Michigan recognizes private adoptions - when the adopting parents and birth parents
work through attorneys. However, most adoptions occur through private or public social
service agencies. Adoptions are regulated by Michigan Statutes and Court Rules.
"Alimony" and "spousal support" have the same meaning except
the federal statutes for tax purposes refer to "alimony" and Michigan Statutes and cases
refer to "spousal support." In a divorce, it is used to transfer income between the parties. A
form of alimony can be used as a way to transfer property. It can be taxable or non-
taxable, modifiable or non-modifiable in the future and it can affect whether debt can be
discharged in bankruptcy.
"Child custody" and "child support" are covered by Michigan
statutes, cases and the Child Support Formula. There are two types of custody: physical
and legal. Legal custody involves the decision making in three areas of the child's life:
educational, medical and religious. Physical custody is all about where the child lives and
the daily activities and decision-making for that child. Custody issues continue for the
minor children up to the age of 18. Physical custody determines which parent makes the
short-term and long-term decisions relating to the minor child, where the child is to live
and how the parenting time is allocated to each party. Child support is determined by the
Michigan Child Support Formula based on the custodial arrangements, the income of the
parties and the mandatory deductions from each parent's paycheck. Part of the Formula
determines the allocation for payment of work-related child care and for payment of
health insurance premiums and unreimbursed health care expenses.
"Change of Domicile" is a family court order permitting a relocating
parent to move more than 100 miles from the legal residence of the child or to another
state. This order is needed when one parent in a joint custody order wants to move away.
It can be sought by consent of the parties or follows a motion hearing or evidentiary
hearing before the Judge.
"Divorce" and "annulment" refer to the legal severing of the
marriage contract. When spouses divorce, they must formally, through family court, divide
up property and retirement accounts, provide for the care and support of the children and
modify the right to life insurance proceeds.
"Paternity" is declaring parentage through court or equivalent
procedures to be the unwed parents of a minor child. Child custody, child support, day
care and medical/health insurance expenses are considered. The parents or the Court's
decisions may be incorporated in a "Paternity Order."
Family Law is about the relationships of one adult to another,
relationships of parent and children and sometimes the relationship of siblings.
Client's problems involve marriage, divorce, paternity, contractual agreements, child
custody, child support, relocation of a child, adoption, probate, elder law and estate
planning. Frequently, the problem includes issues of personal property, real estate,
schools, extracurricular activities, DNA testing, drug and alcohol testing, family abuse, and
personal protection orders. The area is broad and frequently complicated.
Abrams Yu knows clients have questions about their legal rights.
Consultations are welcome. Call for a consultation appointment to work
out a mutually agreeable appointment time.
LEGAL DISCLAIMER: The Abrams Yu and
Associates website provides topical information of a general nature. Every divorce is
different. For specific advice consult a local attorney or other professional. Our service is
in no way intended to violate state laws or local regulations regarding practice.
©2005 Abrams Yu and Associates, P.C.
