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Child Custody News
Child Custody Disputes Powers Of Court Appointment Of Lawyer Guardian Ad Litem
(1) In all actions involving dispute of a minor child's custody, the court shall declare the child's inherent rights and establish the rights and duties as to the child's custody, support, and parenting time in accordance with this act.
(2) If, at any time in the proceeding, the court determines that the child's best interests are inadequately represented, the court may appoint a lawyer-guardian ad litem to represent the child. A lawyer-guardian ad litem represents the child and has powers and duties in relation to that representation as set forth in section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d. All provisions of section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d, apply to a lawyer-guardian ad litem appointed under this act.
(3) In a proceeding in which a lawyer-guardian ad litem represents a child, he or she may file a written report and recommendation. The court may read the report and recommendation. The court shall not, however, admit the report and recommendation into evidence unless all parties stipulate the admission. The parties may make use of the report and recommendation for purposes of a settlement conference.
(4) After a determination of ability to pay, the court may assess all or part of the costs and reasonable fees of the lawyer-guardian ad litem against 1 or more of the parties involved in the proceedings or against the money allocated from marriage license fees for family counseling services under section 3 of 1887 PA 128, MCL 551.103. A lawyer-guardian ad litem appointed under this section shall not be paid a fee unless the court first receives and approves the fee.
Child custody rights can be modified.
In today's mobile and constantly changing society it is very common that custody rights are modified. Courts recognize that children's desires, wishes or even relationships to parents change over the course of time. Therefore, with the children's best interest in mind, courts are willing to alter custodial rights in order to adapt to new circumstances and living situations. Alternatively, the ex-spouses can voluntarily modify the last court order and come to a mutual agreement about the new custody rights.
Definition:
Limited divorce is synonymous to separation and entails the termination of cohabitation.
Dependency
Definition:
The dependent spouse relied on the other for financial support during the marriage and is therefore now the only one eligible to receive child support.
Joint custody
Definition:
In this case, both parents come to an agreement and share legal as well as physical custody over their children and make joint decisions.
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Did You Know?
Child custody rights can be modified.
