The State Court Administrator's Office has made available a manual used by the Friend of the Court in its role as an advisor to the Court with respect to child custody and parenting time decisions made during a divorce proceeding. The FOC caseworker uses this manual when he or she investigates and makes recommendations to the Court about what the custody and parenting time decisions should be in each individual case. It is helpful for parents to know how the FOC caseworker thinks and works, and the factors that are considered in decision-making. The manual can be accessed here:   Custody and Parenting Time Investigation Manual.

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This manual explains how the child's right to support is determined and also explains fathers' and mothers' obligations with respect to support of their child.

New Formula Effective Beginning October 1, 2008

Visit Craig Ross’ Marginsoft web site for more information on Support 2008, one of the best software tools for evaluating spousal maintenance/alimony claims, and one of the easiest ways for calculating child support based upon Michigan’s guidelines.

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The Washtenaw County Family Court has published a copy of its Benchbook on the Internet. This valuable resource is used by the Family Court referees and judges in making important decisions about the divorce cases before the Court. It is, thus, a valuable resource for parents so that they can understand what guidelines, laws and standards the Referee or Judge will use when making decisions about your case. Of course, the Washtenaw Family Court is applying Michigan law when making its decisions. This benchbook will explain the laws and the court process to be followed in your case. An index to the benchbook is found at this link:   Click here: Family Benchbook-Table of Contents. 

You will be able to read all about the following topics in the Benchbook. Many of these will apply to your case: Attorney Fees, Best Interests of Minor Child, Consent Judgments of Divorce - Requirements, Discovery, Emergencies, Mediation - Failure to Attend Mandatory Sessions, Minor Children - Change of Domicile from State of Michigan, Minor Children - Consent Order Appointing Parenting Facilitator, Minor Children - Custody, Motion Practice, Order Entry, Personal Protection Orders, Property Division, Referee Hearings, Spouse - Removal from Marital Dwelling, Spouse - Support, Verified Personal Statement.

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This book is available in PDF format for viewing on the internet or for downloading at the Michigan Supreme Court's website.  The Child Protective Proceedings Benchbook: A Guide to Abuse & Neglect Cases, revised in 2006, is an update of the Michigan Judicial Institute's 1999 publication. The benchbook contains discussion of recent developments in this area, including the federal Adoption & Safe Families Act, new Subchapter 3.900 of the Michigan Court Rules, and case law. Included in appendixes are the Absent Parent Protocol, an excerpt from the Lawyer Guardian ad Litem Protocol, and information on complying with the Indian Child Welfare Act.

An invaluable tool for lawyers handling child neglect cases, the benchbook contains information on the following topics:

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The Adoption Proceedings Benchbook is a complete reference tool. It contains detailed discussions of the law and procedure involved in adoption proceedings. The benchbook contains numerous checklists and forms.

Other Adoption Resources:

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There are several reference materials used by judges, prosecuting attorneys, advocates, attorneys and -- perhaps you and your spouse -- that relate to domestic violence. These are available on the Internet as PDF files that you can read, print and/or download and save to your hard drive.

This invaluable reference explains all the laws, procedures, and standards. The benchbook contains approximately 678 pages and the 3rd edition was copyrighted in 2004. It is available in PDF format for viewing or downloading. The Index may be accessed at this link. Click here: Domestic Violence Benchbook.   The Benchbook deals with the following topics: Chap. 1: Understanding Domestic Abuse; Chap. 2: Community Domestic Violence Resources; Chap. 3: Common "Domestic Violence Crimes"; Chap 4: Promoting Safety in Criminal Proceedings; Chap. 5: Evidence in Domestic Violence Cases; Chap. 6: Issuing Personal Protection Orders - Statutory Overview; Chap. 7: Practical Considerations for Issuing Personal Protection Orders; Chap. 8: Enforcing Personal Protection Orders; Chap. 9: Statutory Firearms Restrictions in Domestic Violence Cases; Chap. 10: Case Management for Safety in Domestic Relations Cases; Chap. 11: Support; Chap. 12: Domestic Violence and Access to Children; Chap. 13: Custody Proceedings Involving Multiple Jurisdictions; Appendix A: Domestic Violence Agencies; Appendix B: Partial List of Culturally Specific Resources for Survivors of Domestic Violence and Sexual Assault; Appendix C: Batterer Intervention Standards for the State of Michigan; Appendix D: Domestic Violence and Child Abuse/Neglect Screening for Domestic Relations Mediation

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Handbook: A handbook to assist lawyers identifying and helping clients who are domestic violence victims

Tips for devising a Safety Plan: Domestic violence victims are most at risk for serious injury or death when they try to leave the abuser. The ABA has an excellent resource to help lawyers help clients figure out safety plans for exit.

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Michigan Domestic Violence and Sexual Assault Organizations
Comprehensive Service Providers Referral List

A resource for lawyers and clients alike, for counseling and safety planning services. Don't forget: the most dangerous time for an abused person is when he or she is trying to leave the relationship with the abuser.

The Michigan Supreme Court has information regarding Personal Protection Orders, which can be used as an educational and information tool during the court process. The following PDF files, provided by the Court and the Michigan Judicial Institute, provide a detailed description of PPOs, the process to obtain one, and the ramifications of this legal document.

  Issuing PPOs: A Statutory Overview

  Issuing PPOs: Practical Considerations for Issuing PPOs

  Issuing PPOs: Enforcing PPOS

Understand your rights. Here's a PDF brochure about Michigan's Anti-Stalking Laws for you to read and/or download and print.

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  Domestic Violence Handbook: The Domestic Violence Handbook, published by the Oakland County Coordinating Council Against Domestic Violence, reaffirms its mission statement that "domestic violence should never happen to anyone," but when it does, there are people and resources that can be of help.

Family Law Advisor Articles: These provide information on all aspects of family law, especially domestic violence, and give local attorney referrals.

“Wheels” Adapted from the Power and Control Wheel Model [developed by the Domestic Abuse Intervention Project, Duluth, MN.

POWER AND CONTROL WHEEL, developed by the Domestic Abuse Intervention Project, Duluth, MN

Michigan Crime Victims: Provides victim's services, support and healing for victims of all types of violence, including domestic abuse and sexual assault.

Women's Law Initiative  is a nationwide, online resource for women and girls living with or escaping domestic violence. Click here: Womenslaw.org

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There are many good sources of information available on the Internet to help custodial parents deal with abduction of children by the non-custodial parent. In Michigan, the parental kidnapping statute states that if a parent keeps the child from the other parent more than 24 hours after the child was supposed to be returned, then that is parental kidnapping, which is a felony bearing up to 1 year and a day sentence in prison. See the following resources that will help families and their lawyers understand the laws and resources available to them:

The United States Department of State has a Children's Passport Alert System that parents can use to prevent issuance of a passport for minor children who are the subject of custody disputes. The details can be found on the Department's website. Unfortunately, there is no subsequent tracking system available. Once the passport has been issued, the Department will not be able to prevent its use in removing a child from the United States. Learn more about the Passport Alert System here and access the online forms to enroll your child(ren).

1980 Hague Convention on the Civil Aspects of International Child Abduction

Click here for a list of the countries that are signatories of the Hague Convention. 

Resources for Parents Left Behind in International Child Abduction

Parents need to know how to prevent a family abduction and also what procedures to follow if an abduction has taken place. There are many resources below to assist parents.

  When Your Child is Missing: A Family Survival Guide: Published by the Office of Juvenile Justice and Delinquency Prevention, this guide was written by parents and family members who have experienced the disappearance of a child. It contains their combined advice concerning what you can expect when your child is missing, what you can do, and where you can go for help. It explains the role that various agencies and organizations play in the search for your missing child and discusses some of the important issues that you and your family need to consider.

  Just in Case...Family Separation: Checklist of what to do if your child is missing: From the website of the National Center for Missing and Exploited Children, this article tells parents just exactly what to do.

  A Family Resource Guide on International Parental Kidnapping: This is a new, revised edition of a valuable resource for parents. Also published by the Office of Juvenile Justice and Delinquency Prevention, this guide was written by parents and family members who have experienced the disappearance of a child. The guide provides practical, detailed advice about preventing international kidnapping and increasing the chances that children who have been kidnapped or otherwise wrongfully retained will be returned. The publication also offers descriptions and realistic assessments of the civil and criminal remedies available in international parental kidnapping cases, explains applicable laws and identifies both the public and private resources that may be called upon when an international abduction occurs or is threatened, and prepares parents for the legal and emotional difficulties they may experience.

State Laws - Family Abductions: Here's a chart from the website of the National Center for Missing and Exploited Children that cites the laws of every state that apply to parental abduction.

Sometimes a non-custodial parent abducts a child and takes the child to another country, refusing return to the custodial parent. Many countries are signatories to The Hague Convention, an international compact that helps custodial parents recover children who are abducted and held in foreign countries. A valuable resource, a practitioner's guide to litigating Hague Convention cases,  has been created and is made available to the public and to practicing attorneys by the International Missing Children’s Division of the National Center for Missing & Exploited Children. The manual, “Litigating International Child Abduction Cases Under the Hague Convention,” was prepared by the law firm of Kilpatrick Stockton LLP and is a valuable resource for all attorneys litigating Hague Convention cases in U.S. federal or state courts. The manual provides guidelines and relevant case law relating to litigating a Hague Convention case for the return of or access to a child. Other valuable Hague Convention resources are available online at www.missingkids.com.

Reports on Compliance with the Hague Abduction Convention

Each year, the Department of State Office of Children's Issues is required under Public Law 105-277, Section 2803 to submit to Congress a report on compliance by treaty partner countries with the 1980 Hague Convention on the Civil Aspects of International Parental Child Abduction (Hague Abduction Convention).

The report, which is called the "Compliance Report" by that office, includes a list of countries "not compliant" or "demonstrating patterns of noncompliance" with the Hague Abduction Convention. It details longstanding unresolved Hague cases, and it explains the Department of States' efforts to expand and strengthen the Convention. The 2008 Compliance Report also includes country by country case number statistics, including statistics for countries not party to the Hague Abduction Convention and statistics on parental child abductions incoming to the United States.

Recent Compliance Reports submitted by the Office of Children's to Congress can be accessed here:

2009 Report on Compliance with Hague Convention on the Civil Aspects of International Parental Abduction Convention (Hague Abduction Convention)

2008 Report on Compliance with Hague Convention on the Civil Aspects of International Parental Abduction Convention (Hague Abduction Convention)

2007 Report on Compliance with Hague Abduction Convention

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The military has taken a zero tolerance position on the issue of domestic violence. See, in general, the National Center on Domestic and Sexual Violence. Department of Defense and Military Services Domestic Violence Contacts.

Resources for Military Families -- Family Advocacy Program for Navy families with domestic violence issues. For more information, click here. If you need immediate assistance, contact MaryAnn at 847-688-3603 ext. 133, or Janis Brown at 847-688-3603 ext. 123.

Family Advocacy Programs for U.S. Army families can be accessed at this website. USAREC Family Advocacy Program. See also Spouse Abuse Manual. U.S. Army Family Advocacy Program. Includes information on case management, assessment, treatment, and follow-up.

Family Advocacy Programs for U.S. Air Force families can be accessed at this website. Air Force Fapnet

Military Protective Orders. Military Family Resource Center. Provides an explanation of who may issue a military protective order, as well as the provisions included in this order. See also this website.

MILITARY POWER AND CONTROL WHEEL, adapted from the Power and Control Wheel developed by the Domestic Abuse Intervention Project, Duluth, MN

See also this article: What Resources are Available to Help Military Families with Domestic Abuse Issues?

Department of Defense and Military Services Domestic Violence Contacts: Valuable links to other organizations and websites of interest to military families provided by the National Center on Domestic and Sexual Violence.

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  Servicemember's Civil Relief Act: An online judge's guide to the Act from the American Bar Association's Family Law Section. This is a good resource for anyone involved in a military divorce.  Information on Child Support Enforcement: The Family Center on the nearest military installation will be able to assist you in contacting the Legal Office. To locate the nearest Family Center, search the Program Directory

If there is an existing child support order and the parent is an active duty member:
Contact Defense Finance and Accounting Service (DFAS), Garnishment Office at 216-522-5301; OR
Contact the Office of Child Support Enforcement (DHHS) (external)

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To locate military legal assistance:

Information about military legal assistance is found on the following Web sites:

Army Legal Assistance

Navy and Marine Legal Assistance

Joint Services Legal Assistance Office (Pentagon)

Information on the benefits available to former spouses of military members and the Former Spouse Protection Act:

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Father's Rights: What Are the rights of a biological father have when the mother wants to give the child up for adoption? Read this article .

             DNA IN PARENTAGE TESTING

How DNA parentage testing is done, how the outcome is reported (The Paternity Index; the Probability of Paternity) and what the test results mean.

            DNA Testing

            FAQ:   Frequently Asked Questions about DNA Paternity Testing

            FAQ

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