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FAMILY DIVISION CASE TYPES

Divorce/Legal Separation/Annulments/Paternity and Support issues

One of the major duties of the Family Division is the handling of all matters related to divorce/legal separation.

 The Michigan Supreme Court has approved some forms for family issues.  They can be viewed at http://www.courts.mi.gov/scao/courtforms

In Michigan, the granting of a divorce is automatic, regardless of fault, when a judge determines that there has been a breakdown in the marriage relationship.

A) As part of a Judgment of Divorce or separation agreement the judge decides how to divide property in a fair manner. The Court will provide assistance to parties in reaching an agreement on how property should be divided.

B) If children under age 18 are involved, the Judgment provides for custody, child support and parenting time. The court's primary goals are to protect the child and to do what is in the best interest of the child while promoting the parent-child relationship. The Friend of the Court assists the court by helping families develop a parenting plan that states where the children will live, who may make decisions about them, and how the children will spend time with the parent who does not have custody.

C) The court may order one parent to pay child support to the other as part of the judgment. The judge uses a table known as the Child Support guidelines to determine the amount of the support.  The guidelines can be found at

In a case where there is both a dispute between the parents and a question of neglect against the parent(s) with custody, the decisions by the Family Court regarding the neglect issues will override the parental dispute decision in regards to child custody and placement.

The telephone number for Divorce/Legal Separation is (248)858-0424.

 

Personal Protection Orders

A Petition for a Personal Protection Order (PPO) can be filed by individuals who have been physically, emotionally or sexually abused by a spouse, former spouse, family member, partner, parent of your child, current or former roommate, or current or former dating partner. A Petition for a PPO may also be filed if there is proof of stalking. The forms to request a PPO can be obtained in the PPO office, located in the Veterans Memorial Courthouse and are filed in the Circuit Court Clerk’s office.

 

Juvenile Proceedings

The Juvenile section of Family Division handles three different types of matters:

A) Delinquency - Youth under the age of 17 who are petitioned for breaking criminal laws may be tried before the Family Division and ordered to be placed on probation in their home or in an out-of-home placement.

B) Traffic\Appearance Tickets-Youth under 17 years may also come to the attention of Family Division through traffic or appearance tickets. These can include all misdemeanor traffic violations, status offenses, and some lesser misdemeanors, such as disorderly conduct. A juvenile may be ordered to pay court costs or cooperate with other requirements, such as substance abuse evaluation or smoking cessation clinic.

C) Child Protection (Abuse-Neglect) - A judge or referee of the family division may remove children from their parents’ care if the Department of Human Services Protective Services establishes that someone who lives in the home abuses or neglects the children. The court may make special arrangements for the protection of the child(ren) such as, in-home services, or placement in a foster home or with a relative. If the court takes jurisdiction in such a case, the main focus of the court would be to rectify problems and reunite the family.

 

Adoption

Adoption creates a legal permanent parent-child relationship. Michigan Department of Human Services and other child placing agencies match perspective parents with children who are available for adoption. The court or private attorneys will assist with step-parent, relative and direct placement adoptions.

 

Name change

The Family Division hears change of name petitions. Persons for whom a name change is being sought must be a resident of Ingham County for a year prior to filing the petition. Petitions can be obtained and are filed in the Circuit Court Clerk’s office.

 

Emancipation

A procedure which would allow a minor, who is at least 16 years of age, to live on their own when the parents are unable or unwilling to support the minor. The minor must make the request in the form of a petition, and prove the following:

  • The minor is at least 16 years old.
  • The minor is a resident of Michigan.
  • The minor's parent or guardian does not object, or is not providing support of the minor.
  • The minor has the ability to manage his/her financial affairs and must have proof of employment or other means of support. (FIA Financial Support does not count).
  • The minor has the ability to manage his/her personal and social affairs and must provide proof of housing.
  • The minor understands his/her rights and responsibilities as an emancipated minor.

  • Foster Home Care

    The Family Division provides foster home services for delinquent teens in Ingham County between the ages of 12 and 18 years old. If you are interested in becoming a foster parent, contact the Court Foster Home Licensing Worker, Jeff Loucks at 517-483-6336 or jloucks@ingham.org