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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.
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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.
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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.
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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.
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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.
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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
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