Monday, April 18, 2011
HOME FORCLOSURE AND BANKRUPTCY IN JACKSON, FLINT,BAY CITY, LAPEER, OWOSSO ATTORNEY (810) 235-1970 BANKRUPTCY LAWYER
CAN I KEEP MY HOME,CAN I KEEP MY CAR IN BANKRUPTCY? When you file for chapter 7 bankruptcy the promise you made in writing to pay for the house is cancelled. The mortgage company lein continues. **JACKSON COUNTY BANKRUTPCY ATTORNEY or LAWYER 810-235-1970 , Terry Bankert, will answer JACKSON COUNTY Flint MI, Bay City, Owosso, Lapeer and Corunna questions from people in debt that just need some answers. The topics you can ask as as follows. Remember we know its http://www.nojokebeingbroke.com/ ** You can reaffirem the loan in a chapter 7 to keep your house and in chapter 13 set up a payment plan. but in todays economy with the drop in home prices does it make economic sense? For more answers contcat Terry Bankrt, Flint based bankruptcy attorney at 810-235-1970 or through; www.nojokebeingbroke.com or www.attorneybankert.com
Monday, May 31, 2010
Jackson County Child Custody commented by Flint Divorce lawyer Terry Bankert 810-235-1970
Jackson County Divorce case Change of Custody review by Flint Divorce Lawyer.May 31, 2010
The Michigan Court of Appeals , No.295175, reviewed a Jackson Circuit Court divorce case , dealing with Jackson County Child Custody, LC No. 05-003997-DM.This unpublished opinion was decided May 18,2010 .
This change of custody case is reviewed here by Flint Divorce attorney Terry Bankert. If you have questions on Family Law or need immediate help call 1-810-235-1970.
Issues reviewed in the Jackson Divorce case were: proper cause, counseling, custody, child custody, counselor’s, significant effect, well-being, medication, behavioral, custody order, legal action, preponderance, materially, adjusting, revisit, modify, following facts, conversation
In this Jackson Divorce case father /Plaintiff appeals as of right the ( Jackson Circuit Court )trial court’s order denying his motion to modify judgment of divorce regarding child custody, parenting time, and child support of the parties’ minor child. The Michigan Court of Appeals upheld the action of the Jackson Circuit Court.
Following is the opinion. This writer has altered spacing and added CAP HEADLINES for media presentation and SEO.
*
DID THE JACKSON COUNTY CHILD CUSTODY DECISION FAIL TO FIND A CHANGE IN CIRCUMSTANCE?
The sole issue on appeal is whether the trial court erroneously concluded that plaintiff failed to establish proper cause or change in circumstances to warrant review of the existing child custody order.
IT IS HARD TO CHANGE CUSTODY ORDERS
A trial court may modify or amend child custody orders because of change in circumstances or for proper cause shown. #”MCL 722.27(1)(c). Plaintiff, as the moving party, carried the burden of proof to establish either a change in circumstances or proper cause by a preponderance of the evidence. #”Vodvarka v Grasmeyer, 259 Mich App 499, 508-509; 675 NW2d 847 (2003).
IF YOU WANT TO CHANGE CUSTODY HERE IS WHAT YOU HAVE TO DO.
To establish a change in circumstances, plaintiff must prove that, since the entry of the last custody order, the conditions surrounding custody of the child, which have or could have a significant effect on the child’s well-being, have materially changed. #”Killingbeck v Killingbeck, 269 Mich App 132, 145; 711 NW2d 759 (2005). [*2] To demonstrate proper cause necessary to revisit a custody order, plaintiff must prove the existence of an appropriate ground for legal action to be taken by the trial court. #”Vodvarka, 259 Mich App at 512.
FATHER SAID MOTHER WAS DOING SEVERAL THINGS WRONG
Plaintiff asserted that the following facts demonstrate change in circumstances:
defendant stopped giving the child necessary medications;
defendant made decisions regarding counseling for the child without affording plaintiff an opportunity to participate in such decisions;
and the parties’ poor communication materially affects the child’s care.
FATHER SAID THE CHILD HAS BEHAVIORIAL PROBLEMS
Plaintiff also contended that the following facts demonstrate proper cause: the child developed behavioral problems after the entry of the existing child custody order and plaintiff moved closer to defendant’s residence.
MICHGIAN COURT OF APPEALS SAYS FATHER DID NOT PROVE ENOUGH
We conclude that plaintiff failed to establish by a preponderance of the evidence either a change in circumstances or proper cause to warrant review of the existing child custody order.
THE JACKSON DIVORCE COURT MADE SEVERAL FINDING IN THIS CHANGE OF CHILD CUSTODY CASE
The trial court found that defendant decided not to give one particular type of medication to the child based on the advice of a healthcare professional. As for the counseling, the record indicates that defendant took the child for counseling [*3] for a little over three months, between September and November of 2008.
The counselor had a telephone conversation with plaintiff in December 2008 at which time plaintiff expressed shock that the child needed counseling and indicated he wanted to participate. In January 2009, when the counselor contacted defendant, she reported that the child was doing great and no longer needed counseling. In a subsequent conversation with plaintiff, the counselor reported that he could meet with plaintiff to address his questions and concerns but that defendant felt the child was doing well and did not need to continue.
The counselor noted that “[w]hereas in [their] first contact [plaintiff] questioned whether [treatment] was needed to begin with, he now questions whether [the] decision to stop is appropriate.” The trial court concluded that it was understandable that the child was having adjustment difficulties and that it did not think that those difficulties were to be expected and were not enough to create a situation creating “change enough for me to look at this again.” Finally, with respect to the communication issues, the trial court noted that the child has “unlimited access” to plaintiff [*4] and found that “[i]t sounds like the parties still communicate okay and that [plaintiff is] still involved in certain extracurricular activities.”
FATHER DID NOT PROVE A MATERIAL CHANGE
Based on the record before us, we conclude that plaintiff’s allegations regarding failure to give medication, decisions related to counseling, and the parties’ poor communication were not of such magnitude to have a significant effect on the child’s well-being. #”Id. at 513.
The record does not reveal any material changes that have or could have a significant effect on the child’s well-being. #”Killingbeck, 269 Mich App at 145. Further, we conclude that plaintiff’s allegations related to the child’s behavioral problems or plaintiff’s recent move were insufficient to establish proper cause.
The trial court concluded that the behavioral problems were to be expected and the counselor’s notes indicated that, although the child was having problems adjusting, he observed some improvement.
We conclude that, absent some showing of potential injury or harm to a child, a child’s problems stemming from difficulties adjusting to a change in custody, by themselves, are insufficient to establish proper cause to reevaluate a custody determination. Were it otherwise, [*5] custody decisions would never be settled. Thus, plaintiff also failed to establish the existence of an appropriate ground for legal action to be taken by the trial court. #”Vodvarka, 259 Mich App at 512.
FATHER DID NOT CARRY HIS BURDEN
Because plaintiff failed to carry his burden to demonstrate either a change in circumstances or proper cause to warrant review of the existing custody order, the trial court was not authorized to revisit the existing child custody decision and engage in a reconsideration of the statutory best interest factors. #”Rossow v Aranda, 206 Mich App 456, 458; 522 NW2d 874 (1994).
On the record, the trial court’s denial of plaintiff’s motion was not an abuse of discretion because it was not so palpably and grossly violative of fact and logic that it evidences a perversity of will, a defiance of judgment, or the exercise of passion or bias. #”Berger v Berger, 277 Mich App 700, 705; 747 NW2d 336 (2008).
Posted here By
Terry Bankert
A Flint Divorce Attorney.
To contact,
http://attorneybankert.com
or
http://dumpmyspouse.com
Tags:jackson County, child custody, flint divorce attorney, attorneybankert.com, dumpmyspouse.com, Michgian Divorce
The Michigan Court of Appeals , No.295175, reviewed a Jackson Circuit Court divorce case , dealing with Jackson County Child Custody, LC No. 05-003997-DM.This unpublished opinion was decided May 18,2010 .
This change of custody case is reviewed here by Flint Divorce attorney Terry Bankert. If you have questions on Family Law or need immediate help call 1-810-235-1970.
Issues reviewed in the Jackson Divorce case were: proper cause, counseling, custody, child custody, counselor’s, significant effect, well-being, medication, behavioral, custody order, legal action, preponderance, materially, adjusting, revisit, modify, following facts, conversation
In this Jackson Divorce case father /Plaintiff appeals as of right the ( Jackson Circuit Court )trial court’s order denying his motion to modify judgment of divorce regarding child custody, parenting time, and child support of the parties’ minor child. The Michigan Court of Appeals upheld the action of the Jackson Circuit Court.
Following is the opinion. This writer has altered spacing and added CAP HEADLINES for media presentation and SEO.
*
DID THE JACKSON COUNTY CHILD CUSTODY DECISION FAIL TO FIND A CHANGE IN CIRCUMSTANCE?
The sole issue on appeal is whether the trial court erroneously concluded that plaintiff failed to establish proper cause or change in circumstances to warrant review of the existing child custody order.
IT IS HARD TO CHANGE CUSTODY ORDERS
A trial court may modify or amend child custody orders because of change in circumstances or for proper cause shown. #”MCL 722.27(1)(c). Plaintiff, as the moving party, carried the burden of proof to establish either a change in circumstances or proper cause by a preponderance of the evidence. #”Vodvarka v Grasmeyer, 259 Mich App 499, 508-509; 675 NW2d 847 (2003).
IF YOU WANT TO CHANGE CUSTODY HERE IS WHAT YOU HAVE TO DO.
To establish a change in circumstances, plaintiff must prove that, since the entry of the last custody order, the conditions surrounding custody of the child, which have or could have a significant effect on the child’s well-being, have materially changed. #”Killingbeck v Killingbeck, 269 Mich App 132, 145; 711 NW2d 759 (2005). [*2] To demonstrate proper cause necessary to revisit a custody order, plaintiff must prove the existence of an appropriate ground for legal action to be taken by the trial court. #”Vodvarka, 259 Mich App at 512.
FATHER SAID MOTHER WAS DOING SEVERAL THINGS WRONG
Plaintiff asserted that the following facts demonstrate change in circumstances:
defendant stopped giving the child necessary medications;
defendant made decisions regarding counseling for the child without affording plaintiff an opportunity to participate in such decisions;
and the parties’ poor communication materially affects the child’s care.
FATHER SAID THE CHILD HAS BEHAVIORIAL PROBLEMS
Plaintiff also contended that the following facts demonstrate proper cause: the child developed behavioral problems after the entry of the existing child custody order and plaintiff moved closer to defendant’s residence.
MICHGIAN COURT OF APPEALS SAYS FATHER DID NOT PROVE ENOUGH
We conclude that plaintiff failed to establish by a preponderance of the evidence either a change in circumstances or proper cause to warrant review of the existing child custody order.
THE JACKSON DIVORCE COURT MADE SEVERAL FINDING IN THIS CHANGE OF CHILD CUSTODY CASE
The trial court found that defendant decided not to give one particular type of medication to the child based on the advice of a healthcare professional. As for the counseling, the record indicates that defendant took the child for counseling [*3] for a little over three months, between September and November of 2008.
The counselor had a telephone conversation with plaintiff in December 2008 at which time plaintiff expressed shock that the child needed counseling and indicated he wanted to participate. In January 2009, when the counselor contacted defendant, she reported that the child was doing great and no longer needed counseling. In a subsequent conversation with plaintiff, the counselor reported that he could meet with plaintiff to address his questions and concerns but that defendant felt the child was doing well and did not need to continue.
The counselor noted that “[w]hereas in [their] first contact [plaintiff] questioned whether [treatment] was needed to begin with, he now questions whether [the] decision to stop is appropriate.” The trial court concluded that it was understandable that the child was having adjustment difficulties and that it did not think that those difficulties were to be expected and were not enough to create a situation creating “change enough for me to look at this again.” Finally, with respect to the communication issues, the trial court noted that the child has “unlimited access” to plaintiff [*4] and found that “[i]t sounds like the parties still communicate okay and that [plaintiff is] still involved in certain extracurricular activities.”
FATHER DID NOT PROVE A MATERIAL CHANGE
Based on the record before us, we conclude that plaintiff’s allegations regarding failure to give medication, decisions related to counseling, and the parties’ poor communication were not of such magnitude to have a significant effect on the child’s well-being. #”Id. at 513.
The record does not reveal any material changes that have or could have a significant effect on the child’s well-being. #”Killingbeck, 269 Mich App at 145. Further, we conclude that plaintiff’s allegations related to the child’s behavioral problems or plaintiff’s recent move were insufficient to establish proper cause.
The trial court concluded that the behavioral problems were to be expected and the counselor’s notes indicated that, although the child was having problems adjusting, he observed some improvement.
We conclude that, absent some showing of potential injury or harm to a child, a child’s problems stemming from difficulties adjusting to a change in custody, by themselves, are insufficient to establish proper cause to reevaluate a custody determination. Were it otherwise, [*5] custody decisions would never be settled. Thus, plaintiff also failed to establish the existence of an appropriate ground for legal action to be taken by the trial court. #”Vodvarka, 259 Mich App at 512.
FATHER DID NOT CARRY HIS BURDEN
Because plaintiff failed to carry his burden to demonstrate either a change in circumstances or proper cause to warrant review of the existing custody order, the trial court was not authorized to revisit the existing child custody decision and engage in a reconsideration of the statutory best interest factors. #”Rossow v Aranda, 206 Mich App 456, 458; 522 NW2d 874 (1994).
On the record, the trial court’s denial of plaintiff’s motion was not an abuse of discretion because it was not so palpably and grossly violative of fact and logic that it evidences a perversity of will, a defiance of judgment, or the exercise of passion or bias. #”Berger v Berger, 277 Mich App 700, 705; 747 NW2d 336 (2008).
Posted here By
Terry Bankert
A Flint Divorce Attorney.
To contact,
http://attorneybankert.com
or
http://dumpmyspouse.com
Tags:jackson County, child custody, flint divorce attorney, attorneybankert.com, dumpmyspouse.com, Michgian Divorce
Monday, April 26, 2010
Jackson domestic violence?
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
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
Sunday, September 28, 2008
Jackson County
Jackson
http://www.co.jackson.mi.us/
120 W Michigan AvJackson, MI 49201(517) 788-4336
Area: 707 smEst: 1832Pop: 158,422Pop/sm: 224.2Seat: Jackson
http://www.co.jackson.mi.us/
120 W Michigan AvJackson, MI 49201(517) 788-4336
Area: 707 smEst: 1832Pop: 158,422Pop/sm: 224.2Seat: Jackson
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