UPDATES IN MICHIGAN FAMILY LAW

Child Custody | Unmarried Parents | Parental Abduction

Scott Bassett, Michigan family law appellate lawyer, recently responded to a colleague's question about custodial rights of mother and father when the parents are not married.

"Mom has custody, but by operation of law, not by court determination, and the father is not to be prejudiced by this status when filing an action to seek custody or parenting time.

"After both the mother and the father properly sign the acknowledgment of parentage and it is filed with the state, the mother has initial custody of the child (including legal custody), without prejudice to the determination of either parent’s custodial rights, until otherwise determined by the court or agreed by the parties. MCL 722.1006. However, this initial custodial grant to the mother does not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time. Id. Because an initial grant of custody pursuant to MCL 722.1006 is by operation of law and not by judicial determination, a noncustodial parent is not required to demonstrate proper cause or a change in circumstance to modify this initial custodial grant. Sims v Verbrugge, 322 Mich App 205 (2017). A police agency may rely on a duly executed acknowledgment of parentage as establishing the mother’s custody of the minor child, unless presented with a court order or written agreement signed by the parties stating otherwise. OAG No 7191 (Mar 28, 2006)."

Thank you, Scott, for calling attention to this statute and for explaining it. I find that it is largely unknown by so many, including law enforcement and by some courts. Because fewer people are marrying and there are increasing numbers of children born out of wedlock, hopefully with an AOP signed (and often without), I expect this trend to increase--meaning I expect to see increasing numbers of intrastate child abduction in the future.

 

How to banish child sexual groomers

From the website of YouthToday.org, by our regular guest blogger, Professor Daniel Pollack:

Cockroaches, those infamous, hearty and adaptable bugs, can withstand hostile temperatures that few other creatures can endure. Chameleons, known for their ability to change their appearance, can effortlessly merge with their environment. In the desert? Go brown. In the jungle? Go green.

Child sexual groomers are far superior to roaches and chameleons. The challenge to law enforcement and the general public is that groomers hide in plain sight, not by enduring intense scrutiny or by blending in, but by appearing so positively friendly and caring.

The news headlines from just the past few weeks give a vivid picture of the many faces of child sexual groomers:

Home Alone | Parental Dilemma | Links to Posts

The topic of how old a child should be before a parent  leaves the child home alone has continued for the past ten years to be the most frequently researched and read on my blog Updates in Family Law. I have often thought this to be research done by parents who believe that this topic is consistent with a best interests of the child analysis related to custody or parenting time. For the convenience of those researching this issue, here is a list of all such posts and related posts:

Home Alone: Parts I through VII.

Home Alone: Child care and babysitter issues Part I, July 2007 

Home Alone: Summer Parenting Issues and "Failure to Protect" Part II, August 2, 2007 

Home Alone Part III October 4, 2007 

Home Alone Part IV October 11, 2007 

Home Alone Part V (Safety Tips) October 12, 2007

Home Alone Part VI  Assessing Readiness July 12, 2011

Home Alone Part VII  November 7, 2017

Related Reading:

FBI reports a dramatic increase in domestic parental kidnappings (Interference with rights of custody) February 8, 2017 

Parental Abduction | Another Resource for Left Behind Parents (FBI Abduction ID Kit) August 23, 2011

Resources for International Parental Kidnapping  April 11, 2005

Dramatic increase in domestic parental kidnappings

A recent FBI report, "Domestic Custodial-Motivated Child Abductions," reveals astounding statistics about the increase in parental abductions. Here, abduction is defined as "a wrongful retention" or a "wrongful taking" of a child or children to defeat the parental rights of the other parent. Perhaps the increase may be at least partly explained by the increase in intercultural marriage and family mobility in tough economic times.

An analysis of FBI child-abduction investigations in the past 3 fiscal years (FY) indicates that custodial-motivated abductions have increased from 9 percent in FY 2010 to 50 percent in FY 2012. The children were from their custodial parents without permission by the noncustodial parents to retaliate against their ex-companions. In some cases, the perpetrators threatened to harm the children to convince the custodial parents to maintain the relationship, rather than proceed with a divorce or custody court proceeding.

The timely response of law enforcement increases the chance of recovery of the children. Rarely, the parent willingly returns the child. According to the report, children are recovered more readily if the abductions are reported quickly. 

Read more from the FBI about parental abductions here: https://tinyurl.com/yafebzhq 

Other posts related to parental abductions and abduction prevention may be read here: https://tinyurl.com/ndte5y

Affidavit of Paternity, Child Custody, Parental Relocation, Parental Abduction

It's time for another look at how the laws related to parentage, custody, relocation and parental abduction intersect. Consider a recent and typical case with these facts--often encountered by family lawyers helping young parents:

√  The parents were unmarried

√  The parents had signed an Affidavit of Parentage at the time of the child's birth. See Michigan's Affidavit of Parentage,  DCH-0682 (Rev. 4-16) By authority of Act 305 of 1996 as amended here. Download Affidavit of Parentage.

√  When the child was about three, the parents' relationship came unglued, Father committed an act of domestic violence upon Mother. An Ex Parte Personal Protection Order issued upon her application.

√  Father removed himself to a county located on the other side of the Mackinac Bridge--a four hour drive on a good day. On a bad day (high winds, snow storm, etc.), the bridge can be closed to traffic.

"What's the Code?" Empowering your Kids to Keep Them Safe!

Child Abduction Prevention: A widely circulated video showed a male trying to drag a 13-year-old girl across the floor and out of a Dollar Store with the mother attempting to intervene and to save her daughter. Frequent reports from the National Center for Missing & Exploited Children [NCMEC] of stranger abduction attempts emphasize that no parent should ever leave children unattended in a public place. KIDSMARTZ is a website parents can use to teach their children some very effective abduction prevention tools.

In my world, "Knowledge is Power." I want my clients to be empowered, and I want their children to be empowered as well. Prevention is key to keeping your kids safe.

Image from NCMEC

Resources for International Parental Kidnapping

If your child is kidnapped, your efforts to recover the child should involve planning and response by a wide variety of people in a team effort. This team usually comprises members of many different agencies. The primary organizations or professionals needed in the recovery and reunification of missing children with their parent or parents will include law enforcement (including, in some cases, the FBI), family and dependency court personnel, child protective agencies, other social agencies, including mental health professionals, and victim-witness advocates.

Recovery and Reunification of Missing Children: A Team Approach is a helpful book published by the National Center for Missing & Exploited Children and Missing and Exploited Children Comprehensive Action Program. It is available online without charge.