ALGER COUNTY Authority to Decide Child Custody Disputes
The Michigan Child Custody Act of 1970, MCL 722.21 et seq., establishes the criteria and procedures for resolving child custody disputes. The family division of the circuit court has exclusive jurisdiction over this act. MCL 600.1021(1)(g). SEE http://www.attorneybankert.com
Under the Child Custody Act, the court may award custody to one or more of the parties involved or to third persons and provide for the child’s support, provide for reasonable parenting or grandparenting time, modify or amend its judgments or orders until the child attains the age of 18 (191/2 if specific statutory requirements are met and the child is attending high school full time), use a guardian ad litem or the community resources in the behavioral sciences and other professions in the investigation and study of the custody dispute and consider their recommendations for the resolution of the dispute, and take any other action necessary. MCL 722.27(1). see http://www.dumpmyspouse.com
In an action for divorce, separate maintenance, or annulment, the family division of the circuit court can enter ex parte or temporary orders for the care, custody, and maintenance of minor children during the pendency of the action, MCL 552.15, as well as in its final order or judgment, MCL 552.16. After a final order or judgment is entered, either party may move for a modification of the custody award. MCL 552.17.
A circuit judge presiding over a juvenile matter may determine custody pursuant to the Child Custody Act, ancillary to making determinations under the juvenile code, so long as the judge abides by the Child Custody Act’s procedural and substantive requirements and the judge has not yet dismissed its jurisdiction over the minor child under the juvenile code. Department of Human Servs v Johnson (In re AP), 283 Mich App 574, 770 NW2d 403 (2009). See also MCR 3.205.
The federal Indian Child Welfare Act (ICWA), 25 USC 1901 et seq., establishes minimum standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes; the act does not apply to custody disputes between divorcing parents. 25 USC 1903(1), MCR 3.002(1).
A court may appoint a private psychologist to perform an evaluation of a familial unit and provide a custody recommendation to the court. The psychologist would not be entitled to immunity under the governmental immunity statute, MCL 691.1407. However, the doctrine of quasi-judicial immunity extends to court-appointed psychologists ordered to conduct evaluations and make recommendations to the court. Diehl v Danuloff, 242 Mich App 120, 618 NW2d 83 (2000).
We know that people involved in Custoduy diputes may money problems. We know that its www.nojokebeingbroke.com
Thursday, April 21, 2011
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