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Protecting your children during divorce

Protecting Your Children During Divorce

  • Child Custody

Divorce is painful for everyone involved, but especially for the children. Often, divorce turns out to be the right decision when there are fundamental issues between a couple that can’t be resolved. And where there is domestic violence, divorce may be the inevitable and best outcome.

But how divorce is handled, and how much communication is there is with children who are old enough to understand what divorce is, can make a difference in helping them adjust to a new normal. What is not healthy for the children is to be in a home environment where there is aggression, constant arguments or unresolved fighting.

Who gets custody

Custodial arrangements are a key part of providing safety and security for children during a divorce proceeding. When assessing what is in the best interests of the child, in Michigan a judge will look at a number of factors to determine custody:

  • Each parent’s capacity to provide love and a stable home environment
  • The child’s relationship to the parents
  • The child’s social and educational needs
 

The judge makes decisions based on what is best for the overall wellbeing of the child, whether there will be joint or sole custody, and whether that custody is physical or legal. Physical custody is granted to the parent with whom the child will live a majority of the time. The judge can also grant sole or joint legal custody, which allows one or both parents to oversee the child’s educational, religious and medical needs.

Providing for your children after divorce

As Michigan is an equitable distribution state, the court will determine not necessarily an equal, but a fair, distribution of marital assets. However, alimony and child support are separate determinations. Michigan has a child support formula to determine allocations for the care of minor child, but the court will determine alimony based on several factors:

  • How long the couple was married
  • The age, emotional and financial conditions of both spouses
  • The couple’s standard of living before divorce
  • The financial status of the non-custodial parent
 

Often, the divorcing couple can work together to find an amicable settlement that will create a healthy environment for the children. But when this is not the case, having an aggressive advocate who will fight for you to provide for your children’s emotional and financial needs will help you to take care of your children after divorce.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

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When contemplating making changes that can impact your family, your finances, and your future, the first step should be to consult with an honest and experienced attorney. When it comes to you and your family, it’s personal. When it comes to selecting an attorney, it is not one size fits all. At Annette Benson Law, we want to hear your story and understand the history and family dynamics, so we can best provide options on how to proceed, guidance on how to prepare, and information to understand the legal process. Success in the legal arena comes from proper planning, effective strategies, and meticulous organization.  Get the honest and direct information you need to make the best decisions for your future. Schedule your confidential consultation today. 

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Our client's say it best!

“[They] represented me in a very difficult divorce and stood by me through numerous conflicts with my ex-wife after the agreement was final. Annette assisted me in every step of the case preparation, provided outstanding council regarding the financial settlement, anticipated difficult questions from the court and opposing counsel, presented my case professionally and persuasively, and when things got tough this woman became a velvet hammer! Annette maintained her professional edge at all times as she politely, yet forcefully pummeled the opposing counsel’s arguments. It’s clear that she has earned the respect of Judges. This respect and her credibility benefited me and my position during difficult litigation and in the decisions made by the Judge. Over the years since my divorce was final, Annette has promptly responded to my post judgment requests for support and frankly, she has never failed me. Great advice, great guidance and great support. When you’re in front of a Judge in these very trying important moments, you realize how critical it is to have the right representation. Annette and the office staff worked together, with me, to successfully fight the most important battle of my life. Hiring Annette Benson Law was one of my very best decisions.”
R.E.
“I worked with Annette on my custody case. She helped me understand the court process and guided me through it as an active participant. She helped me to help myself and as a team, I felt empowered for the first time in a long time. She took the time to educate me on all of my options, explaining different scenarios that were possible along the way. Her relentless commitment and constant attention paid off in the end. My children are doing well and my relationship with my ex-husband is now functional. I no longer feel like the victim and therefore, I am able to be the parent I need to be. I feel like Annette genuinely cares about me and my children and helped me both inside and outside the courtroom”.
R.T.
“Pit bulls in skirts they are! I highly recommend Alicia and Annette for custody cases. Detailed, understanding and always available when you have a question or concern. Even Colleen, their legal secretary, is always available to address questions or concerns. Each step of the way and every process is explained. Alicia Meeker was primary counsel on my case and she took the time to know me and my case and truly fought for me! These ladies are the best! Genuine, kind and compassionate, while fearless and prepared to battle. Pit bulls in skirts says it all.”
O.T.
“My divorce was uglier than I ever anticipated. My ex-husband pretended to be cooperative and kind in front of the Judge, but at home, he was nasty and manipulative and I was petrified! I trusted Annette would be my best advocate in the courtroom, as her reputation speaks for itself. What I didn’t expect was her total understanding of the bs I was dealing with at home. It was like she knew my husband, and anticipated his every move! She gave me advice on how to act, what to say and not say and sure enough, I gained control over the game playing and was able to shut it down. Annette’s help was more than securing my finances, she helped me find the confidence to believe in myself and move forward with direction rather than in fear. I am grateful for her insight, compassion, and direct approach – without it, I think I’d still be hiding in my own skin”.
L.G.
“Annette reminds me of the Tasmanian Devil! She’s small, always in motion and managed so many aspects of my case at one time! It was difficult at times to keep up with her, but I soon realized that there’s always a method and strategy that gets the results. Annette is one tough cookie and that’s exactly what I needed”.
M.K.
“I consulted with a few attorneys about seeking custody of my two girls. Neither attorney I met with sounded optimistic but were of course willing to take my money and try. When I met with Annette, I was surprised at the direction our conversation went – she asked me questions no other attorney had asked before. She looked at the big picture and came up with a strategy that worked! I’m thankful to have my girls with me full time and I’m grateful for Annette’s creative thinking, courtroom control and ultimate success”.
D.O.

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Bingham Farms, MI 48025
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.