In Michigan, once custody is set by court order, a party may request a change
only if s/he meets the threshold of "a significant change in circumstances
affecting the child" or "for proper cause" (e.g., a change in custody is
necessary to prevent the child from harm). Although the law applies to custody
and not merely a change in parenting time, it must be noted that sometimes the
requested change in parenting time is so great a deviation from the current
parenting time as to constitute a change of custody.
This is a fairly significant hurdle to overcome.
The courts favor stability, and therefore, the status quo. Whether
circumstances have changed significantly is a matter of fact for the judge to
decide. I have seen judges treat the same fact situation as both a significant
and not a significant change in circumstances. Luck of the draw.
I see Carl's scenario as one in which a Collaborative professional, attorney or
no, can state what the law is. That is providing legal information, not legal
advice.
By the way, there is case law in Michigan that states that the requisite
"significant" changes must account to something more than normal life changes
(e.g., that a child has gotten older, or that a nursing baby is no longer
nursing).
Siri Gottlieb
SIRI GOTTLIEB, JD, LMSW
The Cooperative Parenting Center
1945 Pauline Blvd., Ste. 21 B
Ann Arbor MI 48103
www.sirigottlieb.com
(734) 994-4045
On Mar 23, 2014, at 12:51 PM, "Aaron G. Welt, Ph.D." <awelt@xxxxxxxxxxx> wrote:
carl Michael, could you say what you are specifically referring to here:
"Is this kind of description even 'appropriate' coming from a
non-lawyer?" Aren't managing conflict and educating about the divorce
process mainstays of the coaching process? What does your lawyer self
think crosses the line?
Aaron
Aaron G. Welt, Ph.D.
261 James St.
Suite 2-C
Morristown, NJ 07960
535 Morris Ave.
Springfield, NJ 07081
973-538-7490
carl Michael rossi wrote:
Gary Direnfield has a recent blog post that offers some insight on the
standards Judges use in making changes to parenting agreements, and in
general. I agree with him that if they know these kind of things in
advance, it may help them resist the 'encouragements' many of them
receive to exaggerate things and 'go for the win' and instead use our
Collaborative Practice approach to create what will work.
http://garydirenfeld.wordpress.com/2014/03/19/in-lieu-of-court-to-settle-parenting-disputes/
What do you think of the perspective he offers? I.E., maintain Status
Quo in the absence of a material change of circumstance?
It also left me with some 'lawyer' questions..... Is this kind of
description even 'appropriate' coming from a non-lawyer? Does it
constitute giving legal advice / practicing law?
Is it perhaps more effective when it comes from a non-lawyer?
Is it perhaps most effective when a lawyer being considered by a
client shares and agrees with the insight offered by the non-lawyer?
/*InJoy!*/
*/cMr
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/*Collaborative Practice Chicago*/
*/Divorce Without Warfare/*
*/carl Michael rossi, M.A. J.D., L.P.C.
Attorney, Mediator, Coach, Counselor/*
/773-442-2751
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/cMr@xxxxxxxxxxxxx/ <mailto:cMr@xxxxxxxxxxxxx>
*/www.CPChicago.net/ <http://www.cpchicago.net/>*
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<http://cppillinois.com/>
Publisher, *The World of Collaborative Practice
<http://theworldofcollaborativepractice.com/>*/: A Magazine Promoting
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