Thursday, April 21, 2011

IRON MOUNTAIN MILITARY PARENT AND DEPLOYMENTS IMPACT ON CHILD CUSTODY MOTION (810) 235-1970

IRON MOUNTAIN Parent in active military duty. Effective December 28, 2005, if a motion for change of custody is filed during the time a parent is in active military duty, the court may not enter an order modifying or amending a previous judgment or order, or issue a new order, that changes the child’s placement existing on the date the parent was called to active military duty.
SEE HTTP://WWW.ATTORNEYBANKERT.COM

The IRON MOUNTAIN court may, however, enter a temporary custody order if there is clear and convincing evidence that it is in the best interests of the child. On a IRON MOUNTAIN parent’s return from active military duty, the court must reinstate the custody order in effect immediately preceding that period of active military duty. SEE HTTP://WWW.DUMPMYSPOUSE.COM


If a IRON MOUNTAIN PARENTS motion for change of custody is filed after a parent returns from active military duty, the IRON MOUNTAIN court may not consider the parent’s absence due to military duty in a best interests of the child determination. MCL 722.27(1)(c), as amended by 2005 PA 328.

IF YOU HAVE DEBT PROBLEMS PLEASE REVIEW OUR INFORMATION ON HTTP://WWW.NOJOKEBEINGBROKE.COM

Monday, April 26, 2010

Is there domestic violence in Iron County?

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

Tuesday, October 14, 2008

IRON COUNTY MICHIGAN TEMPORARY RESTRAINING ORDER

Iron County :DIVORCE TEMPORARY RESTRAINING ORDER
What is a temporary restraining order from a Iron County County Family Court?
Requirements for a Iron County Divorce Attorney seeking and the court granting a temporary restraining order (TRO): Iron County Fathers Rights , Childrens Rights and Iron County Mothers Rights equally apply.
It clearly appears from specific facts, as Prepared by a Iron County Divorce Lawyer, shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.
The applicant’s Iron County Attorney certifies in writing any efforts to give notice and why notice should not be required.
A permanent record , By A Iron County Family Court Judge, is made of non written evidence, arguments, or representations supporting the application. A record is what is done in front of a Iron County Family Court Judge after the case is called. The record is produced by ordering transcripts.
The order, prepared by your Iron County Divorce attorney, must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.
Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.
Motions for Temporary Orders as prepared by your Iron County Divorce Lawyer outline follows;

A Iron County Lawyer will prepare your Motions for temporary orders . Iron County attorney pleadings typically concern Iron County child custody and Iron County support, Iron County parenting time adjustments, marital restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Iron County attorney fees.
A Iron County Lawyer’ s motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. MCR 3.207©)(2).
The motion may be made , by your Iron County Legal Counsel, at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested. MCR 3.207©)(1).
Other provisions regarding the Iron County Divorce temporary order include the following:
The Iron County Divorce order may be modified at any time, following a hearing and on a showing of good cause.
The Iron County Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.
The Iron County Divorce order remains in effect until modified or until entry of the final judgment or order.
The Iron County Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearage that have been assigned to the state.
MCR 3.207©)(3)–(6).
Your Iron County Judge may not grant exclusive use of the marital home to one party in the absence of evidence of abusive conduct, a risk of physical harm, or conduct detrimental psychologically or emotionally to the children. That the petitioner is "uncomfortable" with the living arrangement probably does not justify depriving the other party of a residence.
At any time, a Iron County Divorce party may request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a Iron County post judgment proceeding. The motion must allege facts sufficient to show that the petitioner is unable to bear the expense and that the other party is able to pay. Alternatively, the motion must allege facts sufficient to show that the fees and expenses were incurred because the other party was able to comply with a previous court order but refused. MCR 3.206©).
Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com

Monday, October 13, 2008

Iron County No Fault Divorce, Michigan

What is a no-fault divorce in Iron County Michigan ?

In Your County A no-fault divorce is one in which neither spouse (husband or wife) blames the other in court documents for the breakdown of the marriage.

You should consult an attorney / lawyer for your divorce. To find an attorney contact dumpmyspouse , or attorneybankert ( Terry Bankert). Just google these names.

Your County Attorney will tell you no accusations or need to prove "guilt" or cause of the breakdown are required. Your County Lawyer will tell you A common basis for a no-fault divorce is "irreconcilable differences" or "irretrievable marriage breakdown." In a simple divorce or a contested one ,As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame.

You may have a legal separation or an informal one. Your County Divorce Attorney will advise: Another common basis for no-fault divorce is the parties living separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent.

Fault can be used to decide who get what property.
Terry Bankert

Friday, October 10, 2008

Divorce and Children

Divorce is terrible difficult on small children. It is imporatnt that you keep the youngsters out of the divorce proceedings

Sunday, September 28, 2008

Iron County

Iron
http://www.iron.org/
2 S Sixth StCrystal Falls, MI 49920(906) 875-3301
Area: 1,166 smEst: 1885Pop: 13,138Pop/sm: 11.3Seat: Crystal Falls

Terry R. Bankert P.C.

http://attorneybankert.com/