Detroit Michigan Objection to Ex Parte Interim Order for Status Quo Regarding Child Custody, Child Support and Parenting Time
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How to fill out Michigan Objection To Ex Parte Interim Order For Status Quo Regarding Child Custody, Child Support And Parenting Time?
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FAQ
B. Parenting time shall occur one evening per week from p.m. to p.m. on a day of the week to be determined by the parties. If the parties cannot agree on a day, the parenting time shall occur on Wednesday evening.
Some people mistakenly believe that when a child reaches a certain age in Michigan that child may choose what parenting time they should have with each parent. That is not true. In Michigan the child must be an adult, age 18, before he/she can decide with whom they will live.
Do mothers really always have the advantage? In Michigan, the Child Custody Act is gender-neutral. In fact, it favors shared parenting plans in which the child will continue to have relationships with both the mother and father. Nonetheless, many mothers do still win primary custody.
How Long Does an Ex Parte Order Last? These types of orders are often temporary. Typically, they're only good for 21 days ? they last until the next hearing, which has to be scheduled within 21 days after filing for an ex parte order. At the next hearing, the judge will decide whether the order should become permanent.
Opposing an Ex Parte Motion However, respondents have two choices: they can either attend the court appearance in person themselves or file a written response to the motion. The respondent of the ex parte motion has the right to appear in person at the court hearing, even without an attorney.
A party may disagree with an ex parte order and file an objection within 14 days to the order or file a motion asking the court to change or cancel the order . However, the ex parte order will remain in effect until it is changed by the court .
Unmarried Fathers in Michigan Unmarried mothers are presumed to have primary custody of their children unless the biological father establishes paternity and attains a court order of custody rights.
The judge must decide whether to issue a permanent order to replace the temporary ex parte order. If the judge doesn't believe you need a permanent order, the judge will dismiss the petition and vacate, or cancel, the ex parte order. If you fail to appear at the hearing, the judge will dismiss the order.
Although the statutes are written gender neutral, and the Child Custody Act presumes it is in the best interests of the child to maintain a relationship with both parents, many courts still award primary custody to the mother.
Even if legal paternity has been established in one of these ways, before there is a court order dealing with custody, the mother has initial custody of the child. This means the mother has sole authority to make decisions for the child until there is a court order regarding custody.
