In Flint MI divorce court, nobody has a right to hit you.

FLINT DIVORCE LAWYER BANKERT COMMENTS ON KIM KARDASHIAN AND DOMESTIC VIOLENCE. POINT OF VIEW:IF THIS HAPPENED IN MICHIGAN.
4/26/2010

Terry Bankert a Flint Michigan Divorce Attorney comments on the following celebrity domestic relations and the issue implications from a Michigan Family Law view.

DOMESTIC VIOLENCE
New divorce court papers reveal Kim Kardashian's tumultuous relationship with ex-husband and music producer Damon Thomas, including the claim that Thomas punched Kardashian in the face and slammed her against the wall. [1]

DID YOU KNOW: Domestic violence happens when one household member , spouse , romantic interest or just room mate, chooses to use a pattern of physical assaults, threats of violence, and emotional abuse to maintain power and control over another.

Americas 50 states all have statutes authorizing courts to issue orders of protection to domestic violence victims.



NO POLICE CALLS, NO PPO
Why no police reports? Abject fear. "I thought about calling the police but was afraid and decided not to do so," Kardashian reported.[4]

In Michigan, a victim of domestic violence has the option of obtaining a personal protection order (PPO) to stop abusive behavior. PPOs may order a stop to specific actions, such as assaulting, attacking, beating, molesting, stalking, or wounding the petitioner. Additionaly, they may prohibit entering specific premises, usually including the petitioner’s home and place of employment. PPO’s may also prohibit the removal of minor children from the legal custodian, purchasing or possessing a firearm, and any other act that interferes with the petitioner’s personal liberty or that causes a reasonable fear of violence.


CONTROLLING
The papers also claim that Thomas gave her $3,650 to get liposuction, because he wanted her to be "perfect." [1]

During their divorce in 2004, Kim revealed in a sworn testimony that she was instructed to have liposuction, was treated like a maid and that music producer Damon had threatened to kill her.[3]

DOMINATING
"Damon decided what we would do and when we would do it. He was very much the 'King of the castle," Kardashian stated in the documents. [1]
THEATS OF VIOLENCE TO HER FAMILY
"He threatened to kill me, my family members and the guys that I am dating."
But that wasn't the only threat against her life, he repeated it at least 12 times. "At this point, I am frightened by the stories that are repeated to me." [2]

INDICATORS OF DOMESTIC VIOLENCE
Domestic violence is a pattern of behavior whose purpose is to establish power and control over another person through fear and intimidation, often including the threat or use of violence. National Coalition Against Domestic Violence, at http://www.ncadv.org.
Domestic Violence is not limited to physical violence, abusers may use many forms of control against their partners, including
isolation from friends and family;
verbal abuse (belittlement, taunting);
intimidation (destroying property, abusing pets, displaying firearms);
economic abuse (controlling access to money, preventing or interfering with employment);
coercion (threatening to commit suicide or to report incidents to protective services);
use of the children (harassment during parenting time, threatening to kidnap the children);
sexual abuse; and
stalking.


SHOULD SHE HAVE SOUGHT A PPO?

Nobody has a right to hit you. But you have to act. A PPO is one way.

PPOs have two types that may be issued, depending on the relationship between the parties. A domestic relationship PPO enjoins certain assaultive and threatening behaviors when there is a domestic relationship between the parties. A domestic relationship exists if the parties are or have been married, have had a child in common, have lived together, or have dated.

WHAT BEHAVIOR CAN A PPO STOP OR AT LEAST GIVE THE POLICE A REASON TO ARREST?
What acts may a domestic relationship PPO restrict? Petitioners may request that the court prohibit respondents from the following:
(a) Entering onto premises.
(b) Assaulting, attacking, beating, molesting, or wounding a named individual.
(c) Threatening to kill or physically injure a named individual.
(d) Removing minor children from the individual having legal custody of the children.
(e) Purchasing or possessing a firearm.
(f) Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by respondent.
(g) Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct that impairs petitioner’s employment or educational relationship or environment.
(h) Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.

(i) Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code (stalking).
(j) Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.
MCL 600.2950(1).



SHORT TERM MARRAIGE
The two were marred in Las Vegas when Kardashian was 19, Thomas 29. They divorced three years later.[1]

Posted here by
Terry Bankert
WWW.ATTORNEYBANKERT.COM



SEE

[1]
http://abcnews.go.com/Entertainment/slideshow/survivors-abuse-7057338
[2]
http://www.hindustantimes.com/Kardashian-s-bad-marriage/H1-Article1-535226.aspx
[3]
http://www.mirror.co.uk/celebs/news/2010/04/24/court-papers-reveal-kim-kardashian-s-abusive-four-year-marriage-115875-22208181/
[4]
http://www.sheknows.com/articles/814830/kim-kardashian-papers-detail-abuse-at-hands-of-ex-1

Michigan Family Law update 4/20/10

4/20/10 ICLE Plymouth

9 am 2010 Marital Property Update
1:30 2010 Child Custody, Support & Parenting time update
Blog

See
http://michigandivorce.blogspot.com/


Update through out the day...4/20/10
CASE LAW UPDATE
9:51-
Bankruptcy Court will defer to State Court on non dischargable in BKY
In re: Lewis vs Lewis __BR__, 2010 Wl, 724117 [BKY WD Mich 2010] Case No GG 09-03818, Adv Proc NO 09-80321, decided 2/24/2010

DISCOVERY


Trigger recollection of marital financial information from client.
Look to the needs of both parties. We tend to look at the one with the most money as having tons of disposable income, they do not. This assumption will go away as women make more money because they will not stand for it.
10:00
Inital client meeting 1-1.5 hour...to have a sense of where truth lies..have client do discovery before case filed...start with a working meeting, run guidelines at intake meeting, find the appraisals that may disappear after you file, .....identify all the assets that may disappear...
Q: is the health care award from a self insured business..
Q; get the saftey deposit box key
Q: Is there pending litigation?
Q: Look at the tax returns, look at the schedules and W2...
10:13
-Put your client to work with self help
Q: does the boat have a motor on it..
Q; get releases for health
-have client get CreditCard records etc....

GET WAIVER OF DISCOVER IF CLIENT WANTS NONE
Q: is a serioulsy abused wife signs discovery waiver is it valid? May not be

10:17
Lec- prefers subp. over interrogatory..create a bank of addendum..focused
10:20
find out what you do not know...and do not assume you are being told the truth

10:21
number your douments, look at the records in Dr file if number different get rest. Lec: I have never gotten the complete file from a DR,

10:23
Draft early JOd, for focus and to organize discovery...trb- start where you want to end..

number all documents...for use at deposition...

categorical index for all trial material
spread sheet on excel
10:27
all records paper huge stack
get electronic...get accounting disk..reasonbably cost effective...cannot have propriety software...? no thoughts on how to survive challenge
Break
10:40
use credit reports, It is contray to federal law to run the credit report of your opposing party but not yours...

10:46
Proving Property Claims
Michigan is an equitable division State; CT has to make a clear finding...see SPARKS

determine valuation date...
agree, or get order...
cannot be a future happening event...no projections..has to value as during the marraige not after...
burden on thge one that wants part, existence and value...present value of future medical benefits...big issue...
10:53
What are things worth
experts, p[arty testimony, internet sites...cost sale, tax , appraisal..wiull tax be incurred, capitol gains...

APRAISING PERSONAL PROPERTY
peer
american society of appraisers
real estate appraisers
unique values
coins...ask client who would client trust
..
comparative mk analysis is an opinion 1. set listing, offering or rental rate and they cannot charge with a ledgend this is not an appraisal...get appraisal $300 +
...
business valuation approaches
sales..most used
income
cost

retirement
defined benifit plan , being used less,is it being supervised by the government?

taxes not paid?
defined contribution plan
marital coveture
length of marriage/number of years of credited service


advance degree is not an asset
It is a planned sacrific..
subjective
decline in standard of living during schooling years and what was given up...contribution to living expenses and other person giving up relying of benefit after school of other....
see
Postema v Postema 189 Mich App 89, 1991

Busniss must be valued by the court... Steckley..185 MA 19, 1990
current value within the range of proof...yours high theirs low judge cannot go in between...current value not the invested

59-60 Revenue ruling
five step introduction of expert
distribution is fact driven....

Separate Property...acquired during...appreciation... invade [significant contribution, not fault, need, activevs passive, commingling,
premarital
inherited
gifted...wedding ring
pain and suffering[economic vs pain and suffering...verfy order break this out you may have to look at record...if it is not allocated it may all come in]
note
[the wifes presents are hers]
11:29
technology in property issues...
get on list serve..........

Its all about self help
send your client a wish list of documents to bring to the first interview
cl can download a free credit report at the office
have the tax returns
go to irs.gov.. get your own or client can get thei tax return...fill out form go on line and the irs will send it to their.... lawyer,,,!!!!
get tax return as an image long ,,,or quick irs will send you the entries
sites for finding people and assets

PEOPLE
GOOGLE
WITNESS TRACKER
KNOWX...help to find info about put in name + infpor about property and judgements etc...look up you own client www.knox.com

SECRETARY OF STATE VEHICAL INFORMATION GET ACCOUNT THEY WILL BILL PUBLIC INFORMATION

CRIMINAL RECORDS


ASSETS
WESTLAW..BEST ASSET LOCATORS, VERIFY ADDRESS, JURIDICTIONAL TIES, MOTOR VEHICLES, REGISRTRATION TO VOTE, OWN PROPERTY
ACCURNET
GOVERNMENT, SECSTATE, COUNTY, CITY, PROFESSIONAL LIC SITE

LICENSED
hard to find
medical www.dleg.state.mi.us
criminal background checks
www.peoplerecords.com
www.state.mi.us/mdoc/asp/otis2.html
www.bop.gov
get good stuff by paying for it
REALESTATE
timeshares... www.redweek.com/browse/timeshares
what are the sales going for...www.zillow.com transfers of ownership
- ownership interest
-multip listing
cl say they got zillow and know...well its not right ... garbage in garbage out will not pass Daubert...you have got to go it right..not here..no fine tuning

401 k not tax penalty lower and no penalty if transferred to spouse

excell can do graph
kELLY BLUE BOOK
WWW.KBB.COM

CRAIGE LKIST, EBAY FOR VALUES

AIRCRAFT
WWW.AOPA.ORG
fishiug stuff
http://tinyurl.com
sporting goods
www.instantsportsappraisals.com

convert excell program to convert portions of pdf into work processing ..purchase program

household tools go to craids list...their tool appraisers
google


aba tech show 2010...google

Q: how to introduce internet evidence

craigs list
case--tested admissability of the child support formula craig ross..starting ...information on program is not hearsay....obect if not hearsay then Daubert test...reliability?

do a request to admit it is worth..
get att fees for atty if admit...
why is craigs list print out not hearsay
cs guidelaws...mathematical formula replicatable reliable result...based on data in...

getting marital computer stuff
infidelity emails
lots of caselaw...a family owned computer is not private..you cannot put tracking programs on someone elses but you can put it on you own...

negative equity on marital home

wife gets the negastive number...give other party the same amount of debt...husband wants to just walk away
lec;debts are promise to pay...
date of separation or date of filing..discretionary for court, why delay did a party benifit...
adjust depriciated book value of business assets
WHAT IS AVAILABLE
get infor on computer equip
facebook
myspace
court rules require this infor to be dumped before filing..HW



end 12:30
1:43
recent case law changes in statute
the criteria and cost is being developed
The Office of the Friend of the Court [foc]can charge your client for an foc investigation if your client asked for it

CUSTODY
burden
parent and thired presume parent
but ct will not change custodial unless in best interest...

custodial environment is now lesser to parental preference...unless clear and convincing evidence

discovery privilage...if you protect your client may not introduce evidence that is related...see Najt
Fujimarked...the trial court mustr create a record & minor child writings and pictures of the minor child are hearsay..

Primer on privilage in family law...lopez-negrette genesee case 5/26/09 unpublished h app 395[underlying case

Vanderark married birth mom had boy friends child husband denied parentage re: 3 prong test
ESTABLISHED CUSTODIAL ENVIRONMENT
BALLO...custodial environment CAN EXIST WITH BOTH PARENTS IN THE differend
HOUSE...

Basa ent cus envirnment can be created by the temporary order.it does not matter what the written paper work says

Salaka..day to day care does not creat sole custodial environment

CIRCUMSTANCES OF CHANGE NOT MET

geographical move is not enough

Pierron ...mom moved detroit to howell less than 60 miles...changhe school...when we ahve hearin joint and school this is a lombardo hearing nand the court must hold.
but joint legal the BI must be focused on the issue before the court. When talking about school district the testimony must be on the school not whole BI


rousch? move may bring in school and other issue but move alone not enough

BONNER..dad interfere
Greenlee...no litmus test
HallTO that was not temp 5 yr...mom had got off alcohol...the addiction was a change for mom not children..aregued straub..temp good for kids not pubnished...

Prisk...mom move...remarried...kids did not like step dasd ...not enough

did meet test
bad behavior by parent
cps complaint

crain...mom two frivioulos cps and alienated the chidl granted to dad

macheta ...mom unstable living with boy friend move in move out met the standard...

BEST INTEREST FACTORS
gERMAN REQUIRE TO RECORD INCAMERS...COURT NOT REQUIRED TO CREATE RECORD..
hOVE...FACTOR b...DAD FULL TIME WORK SCHEDDULE CONSISTENCE AND RELIABILITY TO THE CHILDREN...MOM PUT SOCIAL LIFE OVER CHILDREN...MOM MADE NEGATIVE COMMENTS ABOUT DAD...

Husen case..you do not have expert testimy for mental issue

Rouguska...trial court not held to stipulated mediated agreement...mom said dad lied in mediation mom had PPO against dad...trial court has an indepoendant duty.

Salatka-its the quality of time not the quantity of time to show move love and affection husband ex wife testified on behalf of father husband
...

Schuiteboer-- trial cpourt not required to follow expert recommendation

child [refeence is illustrative of alienation....?
legal custody

Lopez-negrete and modreske parents anger makes it impossible to cooperate

UCCJEA

DEKINDERN.. if no other satte or they decline mi can take jurisdiction
mom and child never resided in mi...provision suggesting the two courts talk...no record...judges can talk,... signs dad got ex parte judges talked miu dismissed its order


Parenting time
Porter...mom refused out state parenting time to dad...explains criminal mand civil contempt...


change with conditions if specifically state held?

mom moved before getting courts permission mom told to come back and mdad got astty fees

CHILD SUPPORT
HAVREY..FAILURE TO DISCLOSE TO INFOR FOC OF THEIR WAGES

SPOUSAL SUPPORT
CESNICK vol re from form moved out state to gf...spousal support based oin full income

ned required staplem language in spousal support GOLDBERG

YOUNG WIFE COULD TES ABOUT BACK INJURY AND IMPACT..NO EXPERT ON INABILITY TO WORK..LAY WIT COURT TESTIFY AS TO WHAT THEY OBSERVED.

2:27

2:32

ELECTRONIC DISCOVERY
The treasure trove of face book, my space, tweet...

trip to mexico
new car
pictures of boy frien

advise client what to do with social networkinf site
1. becareful whatn you post, the reciepient pass it around..
2.change your passwords that pour spouse does not know.. do not use the name of your new boy friend or girl friend
3.check you privacy settings..face book makes radicaln changes
4.be honest with lawyer
5.know your friends ne casrful of any request you do not recognize after you file for divorce..be wary of hackers..
6.do not hack into your spouse acct violation of federal and stae law..

Can third party become a face book friend
A: pitts= no ehtic committee said inheritanly decietful

How do we get this information unles client give it to you

its near impossible to get from facebook
no success heard fom the room
stored communication act--social media restricted

evolving area of law...anticipated to get harder
ebay and pay pal will respond to your subpoena

no right to privacy for what we post
marino postin g on myspace that poster waived all proivacy rights

What happen when you get the postings.
ESI
electronically storded information

90 %b of all information not printed
goines unpublished
incorect exclusion of myspace page

Lorraine v markel American Ins

judge grimm
4 hurdles you have to cross to admit
1.relevancy
H having affair, saved video on lap top found deleted, relevant
2.authentication
is it trustworth,is it what it is claimed to be
HOW- lay a foundation can use hearsay or other inadmissable, test wit [how the item was created or preserved personal or routine], circumstantial

GOINS CASE 1/21/10 UNPUBLISHED..my space admissable...appearence content distinctive characteristics..
excell sheet...wife as a lay expert or expert...w knows he used excell, she saw hime, nobody else uses it...

email and circumstantial..sender address use of reply function, meta data.daet tiem id creater etc...

self authentication-ownership control or origin...business records wirth written cetification by custodian...
one court has 11 step foundation

request to admit...include the thing as an exhibit...if denied and was can be sanction...reques stipulation

hearsay and exceptions
said by other than a party to win statement person and
electronic is not a person...it is not hearsya there is no poersonnand no statement



3.hearsay and exception

meta date no hearsay, fax not hearsay, not hearsay if not submitted to provce the truth of the matter
email- statement to show relation ship or state of mind are not heasrsay, videos are not hearsay

CASE STUDY TEXT MESSAGE
objcection they cannot be authenticated
pros wants message in
what is the foundation
there are lots of texts

how to authenticate
without extrinsic...is there a certification by custodian ie skytell this guy was qualified as expert

what evidence can be used...
1.look at the content of the message
2.look at the other text messages
3.other facts
4.look at hard ware
5.meta data
see Champion v Champion 368 Mich 84 (1962)

4.best evidence rule


3:29
CHILD SUPPORT

What does it pay for....
Michgian Child support formula is based upon the concept of the marginal cost of children in a family.The payer is expectd to only feed the child when under that parents control.

now
2008 parenting time offset
mofre overnight more cost to the paying parent and child support goes down from 1st overnight on. It used to only occure at 128

Now what if child asks for more...now we have a parenting time offset...should extra costs be paid by both...

sportrs, music lessons , summer camp etc....

In general the more time the children spend with the payer the larger the discount on child support and the greater the extent to which the payer should share expenses.If the parent payer with a lot of parenting time but not contributing to expenditures may provide grounds for the court deviating from the schedule.

CONTRACTUAL LIMITATIONS ON CHILD SUPPPORT
Laffin...parents cannot bargain away a child right to child support. Here dad give mother the house in place of any child support. Mich Ap said no...280 Mich App 513 (2008)here dad was to get offsetting alimony if mom got increase in child support...

CHILD SUPPORT IN HIGH INCOME
no cases...
3:59
COLLECTION OF CHILD SUPPORT AND ENFORCEMENT MECHANISMS

Dischargability
domestic support, in the nature of support, true support is non dischargable...some are not clean, " he shall contribute to CC] this is federal law...

IN THE NATURE OF SUPPORT
Do not look at title, look to the nature of the obligation

exceptions
if bky started during the divorce you are settling proiperty wioth the bky trustess..
child support
spousal support
domestice support obligations get paid first in bankruptcy

do not file a ,motion in state court to determine dischargability of bank stay

ch 7= liquidifation
ch 13= ability to pay

median income of your cpounty based onm IRS guideleines

above media = means test
above means file ch 13 pay something

CH 13 PLAN
3 - 5yr payment of all priority claim

student loans non dischargabile

plan controls

if arrearage understated you cannot collect

every lien must be recorded to cause it to be a perfected lien in case of a bankruptcy filing. If the divorce judgement is not recorded then it is just an unsecured debt...

lein on business, no UCC or recorded judgement..

leins on cars and boats are doe with the secretary of state...

IN A DIVORCE YOUR ARE DIVIDING A BUSINESS PARTNERSHIP

DAD GET HOUSE MOM GETS A Lien DAD SELLS THE HOUSE MOM OUT OF LUCK.


CONSTRUCTIVE TRUST
equitable remedy to prevent fraud or injustice
title that one hold but has no equitable interest the bky court has no intrest...if you are concerned about assets being held and ;possible bankruptcy...

record your judgement

Divorce process, divorce petition and the famous.

Flint Divorce attorney comments.
Lawyer advice on the issues of the "Carrere Divorce".
Divorce law and procedure if it was filed in Michigan.

FILING FOR DIVORCE

Wayne's World star Tia Carrere has filed for divorce to end her seven-year marriage.
Grounds for divorce in Michigan. What divorce paperwork was necessary?

“[T]here has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

In Michigan divorce procedure if she had filed here Tia Carrer may not include any other explanation of the grounds in the complaint. Here we are talking about filing for divorce. Her Husband Simon Wakelin could then admit or deny the grounds. The court may consider an admission but is not bound by it in its final deliberation.

The initial Michigan and Flint divorce documents in cases without children would be a summons, a complaint, filing fees, and a record of divorce or annulment (some counties require filing at the time of entry of the judgment).This will not be a cheap divorce.

If Carrere and Wakelin had minor children or a request for spousal support, a verified statement must be served on the other party and provided to the Friend of the Court. She did not have to state many reasons for the divorce. The initial filing for a divorce with minor children must also include information about custody proceedings and the names and birth dates of the minor children.

When getting a divorce in Michigan and Flint the Divorce petition or complaint must include the following:

The statutory grounds for divorce, without further explanation.

The parties’ complete names and their names before marriage.

Residency information.

Whether a party is pregnant.

The required case caption language .

Whether there are minor children of the parties or minor children born during the marriage.

The complete names and birth dates of any minors involved in the action, including minor children of the parties and all children born during the marriage.

Whether there is property to be divided.

If a request for protection of property is made, facts sufficient to support the relief requested.

If spousal support is requested, a showing of the need for support and the other party’s ability to pay.

If there are minors or a request for child support, whether any Michigan court has continuing jurisdiction over the minor and, if so, the court and file number.

Children and divorce create additional requirements. If custody of a minor is to be determined, the following must be included in the complaint or in an attached affidavit: (1) the child’s present address, (2) places where the child has lived within the last five years, (3) names and present addresses of persons with whom the child has lived during that period, (4) whether the party has participated in other litigation concerning the custody of the child in Michigan or elsewhere, (5) whether the party knows of a proceeding that could affect the current child custody proceeding, and (6) whether the party knows of a person who is not a party to the proceedings who has physical custody of the child or claims custody or parenting time rights.

Filing fees may be waived. Fees and costs must be waived or suspended for persons receiving public assistance and indigent persons. The judge may hold a hearing to determine if the person is indigent.

LONG OR SHORT TERM MARRIAGE. HE MAY THINK ITS CHEAPER TO KEEPER.NO MATTER TO HER SHE IS GETTING A DIVORCE.

In a Michigan and Flint contested Divorce , spousal support is a useful tool, especially when the attorney is representing a spouse in a long-term marraige or where there is a substantial disparity in income between the spouses. When a Flint divorce terminates a long-term marraige spousal support is used in its traditional sense as support and maintenance of a former spouse who is unable to support himself or herself at a comparable standard of living due to years of financial dependence. The longer the marraigethe older the recipient; the less able the recipient is to support himself or herself due to lack of education, job skills, or on-the-job experience; the more likely spousal support is to be awarded.
　
NO FAULT NON FOWL

The actress filed papers in Los Angeles on Friday, citing irreconcilable differences for the split. [1] She is wondering what conditition her condition is in.

Most in Divorce have heard of no-fault divorce. The phrase no-fault divorce means it is not necessary to prove fault by a party—for example, infidelity or abuse—for a divorce to be granted. However, the court may consider fault in determining the distribution of property and in ruling on spousal support.
　
REPRESENT YOUR SELF

The Waynes world star 43 is acting as her own attorney.[2]
　
Many People in Michigan and flint Divorce represent themselves or appear in pro per.
Why:

Lack of funds to hire attorney

Distrust of attorneys

Inability to secure counsel as indigent due to lack of programs and/or

conflict where legal aid represents spouse

Stated intent to keep things “friendly” through divorce, etc.

Maximum preservation of marital assets for division (avoid attorney fees even if they can be afforded).

Failure to adequately understand pitfalls of self-representation
　
She wed photographer Simon Wakelin, her second husband, on New Year's Eve in 2002.

SOLE CUSTODY PHYSICAL AND LEGAL

Carrere is asking for sole custody of the couple's four-year-old daughter, Bianca. [1]

The term physical custody, as commonly used by the court, typically focuses on where the child resides. MCLA 722.26a(7)(a).
　
Legal custody is the authority to make important decisions regarding the welfare of the child. Wellman v. Wellman, 203 Mich App 277, 512 NW2d 68 (1994). Price v. Price, Westlaw 1609013, unreported, decided December 14, 2001

The court must make findings on this issue before deciding custody.
Statutory standard.

There is an established custodial environment if over an appreciable period of time, the child naturally looks to the custodian in that environment. The court must also consider

the age of the child,

the physical environment, and

the inclination of the custodian and the child as to the permanency of the relationship.

The court makes a factual determination regarding whether there is an established custodial environment; the court is not bound by the parties’ stipulation.
Determine burden of proof.

If there is an established custodial environment, a change of custody may be made only on clear and convincing evidence that the change is in the best interests of the child.

If no established custodial environment exists, custody may be changed on showing by a preponderance of the evidence that the custodial arrangement is in the best interests of the child.

Effect of certain facts.

Prior custody orders—mere existence does not create an established custodial environment.

Custodial parent voluntarily relinquishes custody—all factors must be examined to determine if a new custodial environment is created. Public policy encourages a parent with difficulties to temporarily relinquish custody to resolve his or her problems.

In prejudgment cases where the parties are residing together, the judge makes the determination on a preponderance of the evidence.

The best interests of the child is the standard used in custody disputes between parents, agencies, and third parties.

The court must consider each factor and make findings on the record.
The factors need not have equal weight; the court determines the weight of each factor.

Factors.

(a) The love, affection, and other emotional ties existing between the parties involved and the child. This factor focuses on the emotional bond that already exists between the parent and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any. This factor tries to project the parent’s ability to foster an emotional bond in the future, and the parent’s impact on such matters as education, guidance, and religious training.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes. This factor focuses solely on the permanence of the family environment, not the acceptability of the home or child care arrangements.

(f) The moral fitness of the parties involved. This factor evaluates the parties’ moral fitness only as it relates to how they will function as a parent and not as to who is the morally superior adult.

(g) The mental and physical health of the parties involved. This factor should not impair or defeat the public policy goal of integrating disabled persons into the mainstream of society.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference. The court must take the preference of the child into account if it decides that the child is old enough to express a preference. The court is not required to disclose the child’s preference. The child’s preference does not automatically outweigh other factors; it is only one element used to make the determination.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

( l ) Any other factor considered by the court to be relevant to a particular child custody dispute. The court may not consider the race of a parent’s spouse in considering whether to change custody.
　
PRE NUPTIAL AGREEMENT

The couple have a pre nuptial agreement.[2]

In a Flint Divorce Court MCLA 557.28, MSA 26.165(8) provides that a contract that relates to property and that is made between persons in contemplation of marriage remains in full force after the marriage takes place.

The Michigan Supreme Court recognized, in the early case of Hockenberry v Donovan, 170 Mich 370, 136 NW 389 (1912), that marital agreements will be enforced if the parties to the agreement are mature and have a full understanding of the agreement and no fraud is involved. Marriage, as well as the waiver of property rights, constitutes sufficient consideration to support the contract. Id. at 380.

The leading Michigan case on marital agreements that govern the distribution of property at death is In re Estate of Benker, 416 Mich 681, 331 NW2d 193 (1982). In Benker, the court affirmed that such antenuptial agreements are generally favored by public policy. However, the court also noted that there must be a fair disclosure of assets by both parties for the agreement to be valid. The court said premarital agreements “give rise to a special duty of disclosure not required in ordinary contract relationships so that the parties will be fully informed before entering into such agreements.” Id. at 689
　
NOT THE FIRST TIME

The actress' first marriage to Elie Samaha also ended in divorce after seven years. She split from the producer in 2000.[1]

Posted here by
Terry R Bankert a Michigan/Flint Divorce lawyer

http://attorneybankert.com/


To Find your Michgian County Court House go to

http://dumpmyspouse.com/


see
[1]
http://jam.canoe.ca/Television/2010/04/03/13453311-wenn-story.html
[2]
http://www.people.com/people/article/0,,20357726,00.html?xid=rss-topheadlines