If the parties agree to the modification, that can be done by stipulation of the entry of an order that would modify the judgment. However, if that is not the case then a motion must be filed asking that the modification occur and setting out the reasons. Ultimately, a hearing would be heard by the court to determine if the request for modification falls within the guidelines of the court rules and if so, finding out what the modification is and why.
The party who is not seeking the modification has the opportunity to argue that the modification should not take place.
Men are being awarded custody now more than ever before, based on several factors. One factor is that we are no longer allowed to be gender biased. Another factor is that there are more women in the workplace and more men asking to have involvement with their children. Now, we frequently see cases where mothers are paying child support and even where women are paying spousal support, based upon the history of the marriage. There has been a considerable change.
Depending upon the issues, sometimes it is beneficial to file first. Regarding the custody of the children, if the parties are not residing together with the children, the party filing the action will require an ex-parte action for custody based upon the fact that the children reside more with that party than the other. This will ask the judge to sign the order when the case is filed, setting the custody as quickly as possible by the court. Also, the party filing would ask for injunctive relief to make sure that the other party doesn’t dissipate assets. In some cases it’s best to file before the other party dissipates assets or begins to hide assets.
The issues pertaining to a minor child of parties who are not married are the same as the custody, parenting time, and child support issues if the parties were married. A father’s rights are not changed in court and a father in a paternity action has as much rights to the child as if the parties were married. The court still looks to what is in the child’s best interests regarding custody, parenting time, and child support. In Michigan, there are two issues regarding custody. There is legal custody, which is the major decisions regarding the children. We always hope that the parties can jointly have legal custody so that they are both involved with the major decisions regarding their children. The next is the primary residence of the child; where the child spends more time.
A father or a mother can file an action to determine paternity, custody, parenting time, and child support. Paternity is determined by DNA testing to determine if, in fact, the alleged individual is the father of the child. Once that is determined, the next step would be to determine custody, parenting time, and child support.
For more information on Process To Modify A Divorce Judgment, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 869-0030 today.