Parental,Alienation,and,Reason law Parental Alienation and Reasonable Preference of the Child i


When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a


I am a divorce lawyer.  My office is located in the heart of Northern Oakland County accessible to Rochester, Bloomfield and Troy as well as Clarkston, Lake Orion and Holly.  Almost all of the cases I handle involve the division of property and debts. The more difficult cases to resolve are those that involve alimony or custody disputes. In cases where the custody issue must be litigated, the court must consider the “best interest factors”. One of those factors that must be considered by statute is the child’s reasonable preference regarding which parent should have custody. This requires the court to interview the child. Many parents in this situation are concerned that the other parent is coaching the child for the interview, however this can be considered parental alienation and cause the offending parent to lose custody.The IssueWill the court consider the child’s preference regarding which parent should have custody if the court finds that one party has attempted to coach the child or alienate the child from the other parent?The AnswerAccording to Maier v Maier, COA 322109 June 25, 2015 (For Publication), the answer is no. If the divorce court suspects that this is occurring, then the judge has the right to disregard the child’s expressed custodial preference or forgo the child interview entirely.In the Maier case, the parents separated a year after the child was born but did not divorce until approximately six (6) years later. After the divorce, there were multiple show cause hearings filed (a hearing where one party claims the other has violated a court order and requests that the court holds the violating party in contempt of court) and several Child Protective Services (CPS) investigations instigated by the mother against the father. CPS found each report unsubstantiated. Repeated unsubstantiated CPS reports initiated by the custodial parent seem to be a red flag in many of these cases where parental alienation appears to be a factor. Courts often interpret such reports, particularly where allegations of a sexual nature are included, as severely detrimental attempts to alienate the child from the noncustodial parent.In 2013, the father filed a show cause and a petition to change custody, the court eventually ordered that the father have sole legal and physical custody with the mother to have supervised parenting time until a psychological evaluation recommends otherwise. The mother appealed the case on a variety of bases, one of which was that the court failed to interview the child regarding his “reasonable preference” as required by the ‘best interest factors.”The appellate court stated that the interview must occur in all but the most extraordinary circumstances even if the parents agree to waive the interview as part of the litigation. A child over the age of six (6) is presumed to be capable of expressing a preference and the child’s preference is very important, in some cases it might be a determining factor in the court’s decision. However it must be an expression of preference by an intelligent, unbiased child which was not true in this case. As the appellate court eloquently stated “Just as adults may lack the capacity to give competent testimony based upon infirmity, disability or other circumstances, so may a child’s presumed capacity be compromised by circumstances peculiar to that child’s life.”The trial court found that based upon the four unsubstantiated CPS complaints, the testimony from therapists that the minor child was being coached, the testimony that the mother voiced concerns and criticisms about the father in the presence of the child and a traumatic exchange where the child was led to believe that he was kidnapped, the child was unable to form a reasonable preference. The Michigan Court of Appeals affirmed this decision in a well-written opinion issued for publication which means that it is now binding precedent.SummationThere is no question that the divorce court judge did the right thing in this case. Coaching a child is an inherently indefensible manner in which to try to gain an advantage in a custody case. When a court discovers such actions, it weighs strongly against the party that has engaged in the conduct.

Parental,Alienation,and,Reason

law

Everything You Need to Know About Employment Lawyers in Los

By and large, the employment law in the US is state-specific, which means hiring a lawyer specializing in the domain must be well-versed about the rules and regulations relating to employment in the state is vital. On the other hand, the leg ...

law

Can Your Ex-Husband Claim Custody If You Are Remarried?

Family Lawyers of Dubai herein wishes to address this reoccurring issue of custody of the child or children, should the mother re-marries following UAE Shariah Law.The very concern of this article is to understand the circumstances where th ...

law

A Will Lawyer Can Make Sure Your Will Is Legally Binding

A last will and testament is a legally enforceable document by which the creator of the will, also known as the testator, expresses their wishes as to how their property is to be distributed after death.They also assign a person to manage th ...

law

Estate Planning Tools a Living Trust In Michigan

There are various options for estate planning. One of them is the living trust.A living trust or "revocable" trust is a legal document through which your assets are placed into a trust during your lifetime. Upon your death, your assets in th ...

law

How Much Do You Know About Living Trust Michigan?

A living trust in Michigan is a very popular estate planning tool which allows you to easily pass your assets to your heirs privately by avoiding probate court. This differs from a will because a last will and testament requires probate cour ...

law

Are you aware of New Electronic Arrests In UAE?

The concerned Law is in line with the new Penal Code of UAE (Federal Decree-Law number 17 of 2018 amending Federal Law number 35 of 1992) allowing for confinement of accused in a specific area that is either his place of residence or other s ...

law

Dont Miss Out New Electronic Insurance Policies In UAE!

Bearing in mind, the electronic insurances, Insurance Authority along with UAE Government, issued a draft for Electronic Insurance regulations (the Draft Law) in early in this year. The intention behind the issuance of this Law was to govern ...

law

'Long live Nirbhaya', 'Bharat Mata ki Jai'! Slogans chanted

At 3:30 AM when the convicts were woken up, they finally came to grips with the reality of their awaiting death.As the clock struck 5.30 AM on Friday, the crowd assembled outside the Tihar Jail burst into celebration and even distributed swe ...

law

Nirbhaya's Mother On March 20 Death Warrant For Rapists

Nirbhaya assault and murder case A 23-year-old paramedic understudy Nirbhaya was assaulted inside a showing transport to six people on December 16, 2012, in Delhi. The unfortunate casualty was seriously attacked and tossed out and about alo ...

law

What To Look

Have you ever been injured due to someone else's carelessness? Have you lost a loved one due to somebody's reckless driving? The pain in such situations can be excruciating enough to break you. But this is just the time you need to be strong ...

law

The Constitution of the United States

The constitution delegates enumerated powers to the national government. For instance, Article one of the United States Constitution spells out 27 powers to Congress. Section 8 of this article provides Congress with among others, the power t ...

law

Chapter 7 Bankruptcy Lawyer: All You Need About Its Process

In legal terms, chapter 7-bankruptcy is extensively acknowledged as a liquidation method bankruptcy process. According to the rule, in chapter 7-bankruptcy, the court authorized trustee has the right to liquidate or sell a considerable porti ...

law

What You Should Know About Freelancing In Dubai?

It also reduces the cost for big companies to hire freelancer rather than employing the specialist. Nevertheless, Top Lawyers of Dubai have witnessed the hesitance in opting for freelancing in Dubai regardless of numerous attractions. Accor ...