On Tuesday, September 8th, I woke to discover that the right half of my face was losing its muscle tone. I did not know in the early morning hours that I was beginning to manifest physical signs of having Bell’s Palsy. I knew it did not look right. I quickly sent a photo to my husband and sought his opinion that in fact something was amiss. I trusted his advice because he is a former paramedic and still works in the medical field. He quickly texted me back as he was out of town to go to the emergency room right away.

Because I had a few strange symptoms over the weekend, I opted to call my primary doctor’s office first. “Perhaps this was not so bad,” I rationalized because I was thinking through steps clearly as I dialed the doctor’s office. After a few minutes on the telephone with the nurse, she gave her opinion of what the strange symptoms sounded like to her– it was possibly Bell’s Palsy. However, she wanted me to be assessed in an emergency room in case it was much worse than I was first experiencing or describing to her. Her final words to me on the telephone were, “Do not drive there yourself. Do you need an ambulance?” I assured the nurse that I could find a ride and would not need to waste valuable resources, such as an ambulance for something as benign sounding as Bell’s Palsy. Four hours after I first woke up and noticed something different in my face, I arrived in the emergency room department. Seven hours later and after five doctors and numerous neurological tests, it was confirmed – I have Bell’s Palsy. I was sent home with instructions on what to do while I waited for my body to heal itself. There was no medical intervention to do other than take some steroids, anti-viral medications, and care for my right eye and vision while I hope for a speedy recovery.

But what does Bell’s Palsy have to do with divorce?

It is the emotions of when I first discovered something was wrong with my face through the next few days that reminded me of what it felt like when my ex-husband stated he wanted a divorce. The emotions that I experienced with both were very similar in what I had felt and how they progressed. I have learned over the past nineteen years that while situations that lead to divorce may vary, the feelings progress almost the same for the person who learns that the marriage is not so happily ever after.

First, there was the denial of what I was seeing. This cannot be happening was the first thought. I feel fine and do not think I am having a stroke. Similarly, when the signs that a marriage is falling apart or in trouble appear, one tries to rationalize away or deny what is being noticed. Justifications are made for why a spouse is now working longer hours or away from home more often. We justify the lack of daily communications to our spouse having a bad day or just needing a bit more space. We fail to really notice that something is happening – there is a wedge or emotional distance developing between the spouses.

Next, there are feelings of inconvenience. “I do not have time for this” or “Why today? I am super busy today.” These are sayings we mutter to ourselves as if there is a perfect time to learn that our marriage or life has gone so far off course from what we imagined. Often times, anger will quickly follow on the heels of inconvenience. Anger over destroying our plans or ruining holidays start to develop as we mentally grasp the words we have heard, “I want a divorce.” We often get angry at the other person for not being honest with us or waiting too long to tell us how they truly feel. We resent the lack of communication and fail to recognize our own hand in the results that we are now noticing. When these feelings are not properly expressed or dealt with, they can grow into something more.

It is how we initially react to the news of a health crisis or a life changing event that determine how we will handle the long-term effects of it. If we cannot consult with a trusted friend, family member or professional to confirm “Is this not right? Does this seem odd to you too,” then we can talk ourselves out of taking the next step that we need to take. When something blindsides us, we may initially feel shock that it is happening. That shock can prevent us from taking the critical next step. But by having a trusted person around to help us, we stay on course when the timing of reactions is critical.

Then in the days that follow the initial news, we still need to have our trusted person. Our trusted person helps move us through and past the emotions that follow the initial news. We can experience fear, uncertainty, and doubt about what to expect next. Depression may start to take hold. It is important to voice what the fear, uncertainty or doubt is before it turns into a depression. When we say what we fear, are uncertain of or doubt, the answers to ease those mental troubles begin to appear. Often a trusted professional holds the answer that we need, while for some it may be a friend who has gone through it before.

For me going through the initial two days of Bell’s Palsy, that trusted professional was a staff member from the ophthalmologist’s office. They called late in the day on Wednesday, September 9th to schedule the appointment to check my eye in a few weeks. But I was already noticing some problems. The “any old eye drops” were not helping and my eyesight was getting fuzzy. It was hard to read even with my prescription glasses on. During a quick five-minute telephone call. I learned that I needed something more than just “any old eye drops.” Because my right eye cannot blink, I would likely need to add eye drops more than three times a day. I would probably need to use eye drops every few hours to keep my eye from drying out given that I spend eight hours a day on a computer. I needed lubricating eye drops without a preservative, because the preservative in the big bottles of eye drops can damage your eye if used too often in a day. But it took courage to speak up and say everything is not fine and what the doctors said to do in the emergency room was not working. I had to voice my fear about what was happening with my eyesight.

This is why it is so important to communicate during your divorce with your attorney because nothing I have seen in my practice has been cookie cutter. No two divorces have been exactly the same. Each divorce I have handled since I started working in the legal field in 2001 has had something that is not like the others. While the steps in how to proceed through a divorce are the similar, the solutions are often uniquely tailored to the family and their needs and circumstances. It has required listening, understanding, and applying the client’s unique facts to the law to provide the answer each client needed to know.

If you have been recently served with a Complaint for Divorce and feeling similar emotions to what I described, schedule a 30-minute consultation today with me via video conference at https://melissapearcelaw.com/schedulemenow. Let’s find the answer you need together.

Child Support. It is one issue that can slow down a divorce case. But there are five things that you should know about child support before you bring your divorce to a standstill over the amount of child support being proposed or ordered.

Child Support is controlled by statute.

In Michigan, child support is codified in law. It is known as the Support and Parenting Time Enforcement Act, MCL 552.601 et seq. It was enacted in 1982. It has been modified six times since being enacted with the last amendment happening in 2001.

Child Support is not modifiable retroactively.

Once a child support has been entered by the court, it cannot be retroactively modified except for limited circumstances. MCL 552.603(2). This means once child support is due, which is the first of a month after an order has entered, it cannot be modified after that due date. However, there are some exceptions to this rule. The first exception is when child support is ordered under a temporary order. MCL 552.603(3). Another exception is when the parties agree to a retroactive modification and that agreement is approved by the court. MCL 552.603(5). Another exception is when the individual required by the Friend of the Court knowingly and intentionally fails to report, refuses to report, or knowingly misrepresents his or her income. In this situation, the court may retroactively correct the amount of support after notice and an opportunity to be heard. MCL 552.603b.

Filing a motion and providing notice to the other party can create a date for retroactive modification.

When you have a need to modify your child support order and the other party refuses, you can file a motion to modify child support and provide notice to the other party. This date becomes the first date that child support can be modified. This means that the court can retroactively modify the child support order back to the date the motion was filed, and notice was provided to the other party. Therefore, whenever there is a change in your circumstances that warrants a child support modification, you need to file a motion as soon as possible to preserve the date for retroactive modification.

Child support runs into the future.

A child support order runs into the future, but it is set on current factors. When determining a child support order amount, your current situation will be used. Your current income; ability to work or work more hours, if unemployed or underemployed; any childcare expenses; any medical insurance premiums paid, filing status on tax returns, and number of overnights exercised are all taken into consideration. However, life is never static, and neither should your child support order remain static. If there is a change in your circumstances, such as the number of overnights or if your employment changes, it is time to consult with an attorney to determine if you need to seek a modification. If childcare ends or medical insurance is no longer paid, then those amounts should be dropped from the child support calculations and the order revised.

Child support is for the support of your children.

Remember, child support is paid to help support your children. Refusing to pay your child support impacts the lives of your children. If you are having difficulty in paying your child support, be upfront with the other parent. Open communication with the other parent may make requesting a modification in support easier.

If you need to modify your child support order, call us today to learn about the different packages available to assist you.

When it comes to children and divorce, there can be confusion on legal custody, physical custody, parenting time, child support and medical support. Each one of these is a separate issue that must be resolved before the Judgment of Divorce is entered. This blog is introductory on what each one is, and we will explore them in further depth in upcoming blogs.

Legal Custody.

First, legal custody means that a parent has the right make important decisions about your children, such as where they go to school, what religion they are, and major medical decisions. There are two ways this is handled in Michigan. The first way is that the court can award sole legal custody to one parent. This is become the exception more than the rule. The second way is that the court can award joint legal custody to both parents. This is when both parents would have to work together and agree on each of the decisions. If the parents cannot agree, then either one can petition the court for a decision.

Physical Custody.

Physical custody is who the child lives with after the divorce is finalized. If parties can agree, then the physical custody can be one that consider both parents’ work schedules, distances to school, ability to transport back and forth to school for each parent, extracurricular activities of the children, and any unique of the children or parents. The schedule should promote what is best for the child and not necessarily what is the most convenient or desired outcome for either parent.

Parenting Time.

Parenting time is the time the non-custodial parent (the parent who does not have the child living with him or her most of the time) spends with the child. For parents with joint physical custody, this would be the time the child spends in his or her house. Each county has a version of standard parenting time. However, the parties can craft a parenting time schedule that is best for children and considers work schedules, distance to school, ability to transport the child to school, need for childcare, and extracurricular activities. For some parents, parenting time may be supervised for a period of time and would be dependent on the circumstances for those parents and children. Parenting time cannot be denied if child support is not paid.

Child Support.

Child support is money a parent pays to help meet his or her child’s needs when the parent is not living with the child. The court orders the support based on the Michigan Child Support Formula. Support may include payment of the expenses of medical, dental, and other health care, childcare expenses, and school expenses. If either party receives state assistance in any form, then the parties cannot deviate from the child support formula. Child support cannot be denied if parenting time is not occurring.

Medical Support.

Medical support is a form of child support that is often provided through an employer’s health insurance plan. Child support agencies will send a National Medical Support Notice (NMSN) to the employer to order coverage for an employee’s children. The medical support language is contained within the Uniform Child Support Order. It will designate if one or both parents will maintain medical insurance on the children. It will also set a limit of the parent’s income to be used to obtain the medical insurance. If the cost of medical insurance exceeds the limit, the parent can petition to not have the insurance. If both parents are carrying medical insurance on the children, then one parent’s insurance will be primary, and the other’s will be secondary. The order will determine how much each parent will pay toward any uninsured medical expenses not covered by the insurance.

Each one of these areas are considered separately from the others. Although some areas can affect another area. For instance, the number of overnights exercised by a parent for parenting time will impact the amount of child support. However, which parent has legal custody will not change the outcome of child support including medical support.

If you have minor children and are considering divorce, call us to learn more about how a divorce will impact your children and what you can do to minimize that impact.

Who owns the child’s clothing, toys, equipment, and personal effects? This is a question that is asked quite often. Arguments are made that the children’s property belong to the parent who purchased the items for the child. This is often followed up with statements that the purchasing parent can prohibit those items from being taken to the other parent’s house. I have heard stories of children wearing a designated outfit on exchange days due to prohibition of taking anything from mommy’s house to daddy’s house and vice versus.

Joint Legal Custody and Children’s Property

In Michigan, when parents have agreed to or are granted joint legal custody, language is typically added to the Judgment of Divorce to define what joint legal custody means. One of the paragraphs defining joint legal custody states as follows:

That the child’s clothing, toys, equipment, and personal effects shall be the property of the child and not the parties. This means that the child’s clothing, toys, equipment, and personal effects may move back and forth with the child between the parties’ respective residences as the child so desires and neither party will impede this process. Furthermore, neither party may enter the residence of the other to retrieve any property belonging to the minor child.

I Bought the Children’s Property. Can I Restrict It’s Movement?

This language attempts to settle the question of who owns the child’s clothing, toys, equipment, and personal effects. There is no restriction on the child on which house property can be moved to. The child decides and neither parent should do or say anything to hinder the child from freely moving property. If you are having disagreements over the children’s property, pull out your Judgment of Divorce or custody order and see what it says. Do you find the above language in your judgment? If so, then the property belongs to the child and she can decide where to take it. If you cannot find the above language or something similar in your judgment, then contact an attorney to find out what you can do to resolve the dispute and minimize the conflicts around the child. If you need help, contact us today for a free 15-minute telephone consultation.

You made the decision to file for divorce or you just received divorce pleadings, what do you do next? While most people understand that the next decision should be to consult with an attorney, they forget the second step to take. That step is to take a vacation – from all social media accounts. Social media has become the telephone of today. We are able to share our joys, struggles, and sorrows quickly and with all of our “friends” at once. The problem is that sometimes the filter on what to share and what to keep private is lost. So, when you receive or file papers filed with a courthouse, take these following steps.

Where Are You Logged Into Social Media?

First, log off all social media accounts at your work. I have heard stories of people being fired because of the drama in their life. The last device you should be logging into your social media accounts from is the office computer. Not only can your employer download software to the computer to monitor everything you do on company time. But when you are logged into your social media accounts, the employer can review those accounts.

Second, log off all social media accounts on every device that you logged in. It is easy to just “stay logged in,” but when everything you do and say is subject to scrutiny. Do not make it easy on yourself to post something because you are frustrated or angry.

Control Your Social Media Posts!

Third, stop posting everything on social media. Many people do not realize that anything you say when you are a party to a court proceeding is admissible in court. You said or wrote it and there is no hearsay exception to keep it out of court. This means if you left your account signed in on someone else’s device and they posted to your account as you, it is admissible and you will have to prove that those words were not yours, which can be hard to do. If you posted something out of frustration, it can have a negative effect with the judge. Remember, what you post on the Internet is out there forever. If you have a new significant other, now is not the time to share it with the world.

Fourth, unfollow and block your spouse from your accounts. The fact that you received court pleadings shows that there is a breakdown in your relationship. I guarantee that their attorney will ask for screenshots of everything you post that is negative. Do not make it easy.

Fifth, do not accept any new friend requests. Your spouse or ex-spouse may have their friends or family trying to “friend” you after you remove him from your friend list. The person may have created the account with a false name and photo. If you do not know the person or recall how you know them, do not accept. If it is a long-lost friend trying to reconnect, think twice before hitting that accept button. It may be a good idea to wait a few weeks before accepting the request. If you have not talked in years, a few weeks will not make a big difference.

Finally, do not delete the accounts or anything already posted. Deleting content or the account can be viewed negatively by the court as if you destroyed evidence. Just because you deleted it does not mean that it is gone forever from the Internet. A good attorney will know which resources to pull it back up. Screenshots capture posts and preserve them even after it has been deleted. If you feel like a post may be damaging, share it with your attorney. This will give them a heads up and the attorney can start to plan what to do about it.

If you have been served with divorce papers and are worried about your social media accounts, call our office today for a free fifteen minute telephone consultation.

The beginning of the school year can be an exciting time for children. They are excited to learn who their new teacher is and if any of their friends are in their class this year. They may look forward to the annual school clothes shopping sprees or want to pick out their new school supplies. However, when parents are divorced, the new school year can bring about anxiety for children, especially when their parents do not get along amicably. Here are the best tips I have discovered to start the new school year off on a positive note for children.

  1. Use technology to share information. With the choices we have today, co-parenting can be made easy and information shared openly, even when you do not want to talk with the other parent. There are apps for the phone and computer that allow parents to communicate without having to have face-to-face conversations. Parents have the option of using a shared Google calendar, Our Family Wizard, CoParenter, AppClose, TalkingParents, WeParent, 2houses, or Truece to share information. The key to all these apps is that the parents agree on which one to use and both have signed up for an account. Some of the apps charge yearly fees and others are completely free. Some of the apps will allow parents to add third parties to the group, such as the children, grandparents, or professionals that are assisting the family. If you do add a professional, notify the other parent of who has been added. Do your research and agree on which application to use to communicate. Reach an agreement for a deadline to respond by, so everyone is clear on what is a reasonable time to expect a response, if one is needed. By using an agreed upon method of communication, parents can send messages or upload information for the other parent without worrying about interrupting work.
  2. Review your court order.  The start of the new school year is a good time to pull out your judgment and review its terms. If you have had post-judgment issues resolved during the previous school year, pull out those orders as well. If you have joint legal custody, remember that the other parent needs to be include in decisions regarding the child’s education. Decide if the school should be provided with a copy of the judgment or order. This may be necessary if one parent has restricted or supervised parenting time, the court has limited one parenting from picking up the children, etc. If the school should have a copy, provide it with the completed school forms.
  3. Plan for attending school activities in a positive manner. When parents do not get along or fight every time they talk, plans should be made for attending school activities. Decide if the parents will alternate months on helping in the classroom or attending field trips. Talk to the teacher about options for parent-teacher conferences. Are the teachers willing to have two separate conferences? Ask if a parent can attend by telephone, if that parent does not live close to the school district? For school concerts and plays, both parents can sit on opposite sides of the room and not speak to one another. The important thing to remember is that the child can experience the support of both parents without feeling like the child has to choose or is waiting for a blow-up. For some activities, each parent may have to decide to put their differences aside for a few hours.
  4. Properly fill out school forms and alert school personnel to our family dynamics. When filling out the school forms, list each parent’s name in the appropriate slot with their known contact information. This lets the school know who the legal parents are and how to reach them. If you have remarried, identify your spouse with the appropriate title. It can be helpful to let the teacher know how the child prefers to address stepparents. Agree on who the emergency contact individuals will be.
  5. Plan to share the cost of school supplies. Start discussing how to share the costs of supplies after the Fourth of July, if it is not clear in your court orders. Will costs be shared equally, or pro rata based on the parties’ incomes? Understand that the items being purchased are for the children and not property of the parents. The children should be allowed to freely move their school supplies between houses and school as the child needs. Discuss on the requested supplies for the classroom will shared. There should be discussions and an agreement as to whether one parent will do the shopping and the other parent will reimburse or if each parent will separately purchase their share.
  6. Allow the other parent to enjoy the first day of school. Discuss with the other parent if they would like to jointly attend sending the child to the first day of school. It may not be possible due to work schedules or distance between homes but be willing to extend an invitation. If the other parent cannot join in sending the child off to the first day of school, then share photos from the first day in a shared account or in social media that the other parent can see. Remember this is a day for the child.
  7. Discuss ahead of time what extracurricular activities the child can participate in throughout the school year. The start of a new school year is a good time to discuss how many and which extracurricular activities the child can participate in. A good starting point is what is written in the court orders regarding activities. Discuss with the other parent if there is a limit to the amount of funds that you can contribute toward extracurriculars. Extracurricular activities can include sporting teams, dance, after-school clubs, scouting, band, orchestra, or music lessons. If there is a disagreement about the child participating in a winter or spring sport, now is the time to bring the matter before the court for its assistance in resolving the dispute. If you wait until the start of the season, the child may not be able to participate that year.
  8. Decide how to handle school emergencies and unexpected school closings. Discuss with the other parent what information to communicate to the school on who to contact when there is an emergency or school unexpected closes. The discussion should include how the unexpected school closing impacts the parenting time schedule and an agreed upon time to exchange the child if one parent picks up from school outside of his or her scheduled parenting time. Decide now if there will be a group chat that will be used when an emergency or unexpected school closing happens.
  9. Sync up the afterschool and bedtime routines. Both parents should be open to establishing the same routines for after school and at bedtime. Providing your children with joint routines and rules for both houses will minimize the time it takes children to re-acclimate to each parent’s house rules and expectations.
  10. Talk to your children.If your children are old enough, ask them what extracurriculars that they want to do. Find out what routines work best for child to accomplish everything that the child needs to get done. Hold your older child responsible for transporting schoolbooks and supplies between both houses.

The important thing to remember about starting off the school year as divorced parents is that your children still have two parents who love them and want to support their education. If you have joint legal custody, you need to work jointly with the other parent on education decisions. Minimize the number of third parties that are brought into your discussion until it is necessary. Then those third parties should be brought in to either elicit their input or to provide information that the third party needs to perform their role.

If you are experiencing unresolved conflicts with your ex-spouse, do not hesitate to contact our office at (248) 329-0344 for assistance in reaching an agreement that is best for your children.

When you are served with a motion from your ex-spouse after the entry of Judgment of Divorce, there are five action you need to make immediately to protect yourself. If you fail to make these actions, the judge or Friend of the Court Referee will make a ruling on the motion and typically grant your ex-spouse the relief requested in the motion.

1. READ THE MOTION. You need to thoroughly read the motion including the relief that your ex-spouse is asking the judge to do. Start off by slowly reading the title of the motion. If it is long, it may indicate what your ex-spouse is wanting to do. Look for phrases such as “Modification of custody” “modification of parenting time,” “show cause,” or anything that suggest a change is being requested. Most motions that we assist clients on either request a modification to the terms of the last order entered by the court or enforcement of the provisions of the last order. Next, slowly read paragraph in the motion. These should be number and limited to one fact per paragraph. Try not to react to what is being said, as hard as that may be. Your goal is to understand what your ex-spouse is saying. Finally, does the motion and its accompanying paperwork tell you when the court will hear the motion. Be sure to note this date and time.

2. CONSULT WITH AN ATTORNEY. After you have thoroughly read and understand the motion that you were served with, the second action to take is to decide whether you need to consult with an attorney, or can you represent yourself in responding to this motion. If there is some evidence that you may want to present to the court, including text messages and emails, then it may be beneficial to at least request and pay for a consultation with a family law attorney. When you are deciding to consult with an attorney, it is beneficial to find one whose practice focuses on the issue that the motion is addressing. Do not be afraid to ask the reception if the attorney helps clients who have to respond to your exact motion. After you meet with the attorney, you will need to decide if you need this person by your side and advocating on your behalf or if you are comfortable doing this on your own. In order to make this decision, you may need to assess what kind of attorney your ex-spouse has hired, if you agree with what your ex-spouse is requesting, or if you have the knowledge to properly respond and present your position to the court. During your consultation, you should discuss if the attorney provides services outside of full representation, such as just drafting a response for you.

3. RESPOND TO THE MOTION. You have options in how your respond. You can respond in writing. You can show up to the motion hearing and respond orally. You can respond both in writing and showing up to the motion hearing to orally respond. Finally, you can choose to do no response. It is our recommendation to clients that chances of a better outcome can happen when the response is both in writing and at the motion hearing. If you choose to respond in writing, you will need to know the timeframe that judges like to have the response by. Many judges will read both the motion and response prior to the motion hearing. It is our position that having the judge have time in advance to under your position as the party responding to the motion is always better than waiting to the day of the hearing.

Once you have decided how to respond, drafting a proper response will be appropriate. The party filing the motion will need to show the court that he has met the grounds for filing the motion, particularly if the motion is requesting a change in custody or parenting time. Can you clearly identify what is being cited as the change in circumstances or proper cause for filing this motion? If the reason for filing the motion is insufficient, it should be clearly addressed in your response. This is where having an attorney assist you can be helpful. Be sure to respond to each paragraph and address what your ex-spouse addressed in his corresponding paragraph in his motion. After your response is drafted, file it with the court and serve a copy on your ex-spouse or his attorney.

4. ATTEND THE HEARING. Be sure to allow plenty of time to go through security at the courthouse without being late. In smaller courthouses, this may not be an issue. However, if you attend a large courthouse, such as the Sixth Circuit in Pontiac, the lines to get into the courthouse on motion day can be quite long and waits to just pass through security could be up to half hour. Leave your cell phone in your vehicle. Many courthouses do not allow cell phones, unless you are a currently licensed attorney. If there is evidence on your phone, find a way to print it or download to a device that you can take in. When you arrive at the judge’s courtroom, be sure to check in with the clerk. If there are further instructions, the clerk will inform you at that time. In the Sixth Circuit, if a motion involves issues that the Referee could assist in resolving, you will be instructed on where to let the Referee know you are ready to proceed.

5. READ BEFORE YOU SIGN. Thoroughly read any order being entered after the motion hearing before you sign it. If an agreement was reached for summertime only, be sure that it is clearly stated in the order. Many orders entered following a motion will be handwritten by an attorney, the filing party, or the Referee. Do not leave sign this Order until it clearly states what the agreement reached was or what the judge said on record. A word of caution, if the judge made a ruling that you do not agree with, refusing to sign the order will not prevent the court from entering a written order that reflects the judge’s ruling. If you contest the ruling, you may need to consult with an appellate attorney. Remember, never ignore a motion that you have received. Your lack of response can alter your rights and responsibilities. If you want to consult with an attorney on a motion you received, schedule your paid consultation today.

While divorce ends a legal marital status, it does not end the co-parenting relationship that exists between mothers and fathers. Understanding that your ex-spouse will still be involved in your life when you have children together can be the hardest thing for our clients to grasp. In all other aspects, divorce is about cutting the ties to the ex-spouse. You are dividing property and debt and making one spouse responsible after the entry of the judgment. However, children are not divided by a judgment of divorce and the communication to co-parent the Divorce does not make communicating with the spouse any easier. 

In some cases, one party did not want the divorce, and may have been surprised by the filing. This party is slower to work through their feelings of the end of the relationship. Often times, the feelings bleed into the communication with the other spouse during and after the divorce proceedings. However, there are steps that you can take to keep the communication with your ex-spouse civil and open during and after the divorce proceedings. I have discussed the five most common that I see in my practice. 

First, realize that the relationship is no longer the same. Even if you still love your spouse, she no longer loves you. Keep any thoughts or feelings of love for your ex-spouse to yourself. These thoughts are not appropriate to share. However, if you think your spouse may be open to the idea of reconciliation, recognize that you had a role to play in the breakdown of the marriage. Examine what that role was and if it is possible to repair the damage done in the past to save a marriage. I have seen clients take this action and save their marriage. However, many of them required the assistance of marriage counselor to have a long-lasting impact to their relationship. 

Second, no matter what button your spouse pushes with what he says, do not react with hostility or anger. I have read many emails and text messages where it is clear that feelings of anger are still in play. One wrong word or something read out of context starts a barrage of hateful comments. Your children can read or soon will be reading. If your child found the text messages or emails, would your words demonstrate the type of person you want your children to be? If the answer is no, then sending the quick reply back is ill-advised. There is no requirement to quickly respond to every text or email from an ex-spouse. If his words set you off, have another person read the message. Do they read the same thing you have read? Listen to what they say about the message and then respond using the high road. There is no need to engage in a battle of slinging hurtful things, such as “I will take the kids from you” or “My children will never be with you again.” I have not even mentioned the use of profanity, but just do not use it.  

Third, if you cannot exchange the children without a verbal fight occurring, then agree to exchange the children at a public place halfway between homes. If your children are old enough to walk to the other parent’s home or car, allow them to walk without leaving your car. If you have to get out of the car to help get belongings together for the children, speak only to your children and say how much you love them. Remember to be polite in front of the children. If you cannot speak, just smile. 

Fourth, if your relationship and communication is almost impossible to keep civil, consider using a communication tool. There are many out there from Our Family Wizard to TwoHouses to AppClose. Some of the tools for parents to use charge an annual fee. Others, like AppClose, are free. Several will allow the addition of stepparents, attorneys, or court personnel. Most of the communication tools have additional features such a calendar for sharing schedules and appointments, expense reporting for medical reimbursements or messaging. The use of the communication tool may require a court order that both parties communicate using a particular program as the tools will only work if both parties are using the same one. 

Fifth, give the other parent time to respond. I have seen pages of texts or emails where one party inundates the other’s inbox with messages sent seconds if not minutes apart. This quick fury of messages often indicate that one party cannot wait for the other party to respond. As I read the barrage of messages that had been sent, I see the assumptions and accusations that have been made. As a third party reading the conversation outside of the heat of the moment, I can clearly see which part took the wrong action in the conversation and where it broke down. If I can see it, so will the judge or referee who has been assigned to the case. Text messages and emails sent between two parents can be used in court to prove how one parent is not following the court order. There is no way to prevent them from not being introduced and the words said in the heat of the moment can make a loving parent look controlling or selfish. If what you read makes your blood boil, B-R-E-A-T-H-E. Slow down the conversation and take five deep long breaths. Control your emotions and responses.  

Remember while a divorce ends a legal marital status, it does not end a family. Divorce has changed the way your family lives and interacts. As a parent, it is your job to do what is best for your children. This may include shielding your children from the acrimony that parents have for one another.  If your ex-spouse continues to feed the hostility, contact our office for help. 

“R-E-S-P-E-C-T, find out what it means to me.” Aretha Franklin sang these words in her 1967 song, “Respect.” In a custody case, respect is defined by the judge or the Friend of the Court Referee. But even they have been given guidance in how to define the words. The legislature wrote down twelve factors for determining what is in the best interests of children when a court considers custody or parenting time. One of those factors, MCL 722.23j, addresses the “willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.” 

In a nutshell, this factor evaluates how much each parent shows respect to the other parent. When the court evaluates a parent’s willingness to promote a close bond with the other parent, the court is looking at how each parent acts towards the other parent or what that parent is saying in front of the children. The court looks to prior case law where other parents behaved badly toward one another for guidance. Here are three behaviors that demonstrate to the court that a parent lacks respect for the other parent. 

The first behavior is vindictiveness. When a parent is being vindictive, it is apparent that the parent has or is showing a strong or unreasoning desire for revenge. This can be outright attempting to destroy the bond between the other parent and child. Some behaviors that might demonstrate to the court that this is occurring are scheduling activities or allowing the child to schedule activities during the other parent’s parenting time or berating the other parent in front of the child.  

The second behavior is informing the child about court proceedings. Often, when one parent is sharing details of ongoing court proceedings, it is done with the intent to place the other parent in a bad light with the child. I have heard of parents communicating to their children, “Well, Daddy is trying to take you away from me” or “Mommy does not want us to have any fun.” No matter who is sharing, it is emotionally harmful for the child to be dragged into adult proceedings.  

A third behavior is showing an uncooperative attitude toward parenting time. It can be the little things done consistently over time that demonstrates this is occurring. A parent can be late in returning the children or having them ready for parenting time. A parent can unilaterally decide that parenting time should be canceled because of weather, the child’s activities, or illness. This parent will often talk using “I know” or “my child.”  

If you are experiencing any of these types of behaviors from the other parent, the solution is not to retaliate. Instead, team up with the attorneys at Melissa Pearce & Associates to find a respectful way to address the problems. Call us today to schedule your pre-engagement meeting. 

By: Melissa Pearce, Founding Attorney


When it comes to extracurriculars, one disagreement among parents is the number of activities. On occasions, parents present us with a schedule for their children that has them running from early in the morning until bedtime with no time for schoolwork.When this type of schedule is presented to our team, the question arises “How do I limit the number of extracurricular activities that my child is doing?”

When parents are divorced, the answer to this question is not always easy. Extracurricular activities have positive benefits for children. These benefits can include being able to socialize with friends, develop talents, and learn lessons that cannot be taught from inside a classroom.  However, there are risks that can be associated with the participation which could leave along-lasting negative impact.

            Before you file a motion to limit these activities, please consider these tips to reach an agreement outside of the courtroom.

  1. Enroll your children in age appropriate activities. Typically,these kinds of activities have minimum participation ages. Enrolling your child in something above their level can be strenuous on them and can be more harmful than helpful.
  2. A full physical examination will ensure that your children are physically capable of participating in the sport to prevent any injuries.
  3. Volunteer at school events. This can help you and your child make connections with other community members on a more consistent basis.
  4. Monitor your children’s grades to ensure their education is not suffering due to time constraints and pressure. Education should come first for the children.
  5. This will allow your child to have more time to complete school work and be active in family activities.
  6. Ask your children why they want to get involved in certain activities and continue to ask your children if they still want to continue doing those activities, especially as they take on advanced school courses or additional responsibilities.
  7. This will allow time for your children to keep up on their school work and prevent exhaustion from lack of rest.

            When seeking the court’s assistance on deciding the number of extracurricular activities, the argument should focus on what is best for the child rather than an intrusion into parenting time. In Michigan, the courts focus on what is best for the child first and foremost.

Participation in extracurricular activities is good for a child. They should participate as they are able so that they may learn to be more well-rounded for adulthood. There are somethings that we as parents cannot teach that much be experienced. Children gain lessons from participation in these that cannot be learned at home or in the classroom.

If you cannot reach an agreement with the other parent on how many extracurricular activities is reasonable, contact the team at Melissa Pearce & Associates for assistance. We are here to help you redefine your family.