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If your spouse files for custody first

Whether or not you and your spouse have talked about custody issues while discussing your divorce in Michigan, it is a topic you will have to address, one way or another. According to MichiganLegalHelp.org, being served with custody papers rather than being the one who files for custody does not necessarily have an impact on the final ruling. However, what is included in those documents may, so it is essential to examine the information carefully, even if you and your spouse have already gone over it together.

The papers should include a statement that explains the other parent’s parenting plan, custody and child support request to the court. This is known as the complaint, and it also typically provides information about your child, your spouse and yourself. Your spouse’s requests are not set at this point unless he or she has also filed for an ex parte order to be granted temporary custody and child support. You may object to the claim that there is an emergency situation that warrants this action, but your response must be filed within 14 days or it will not be considered.

Confidential information about you and your spouse, such as your income, driver’s license and social security numbers is included in a verified statement that must be filed with the Friend of the Court. The Uniform Child Custody Jurisdiction Enforcement Act Affidavit provides information about the previous five years’ residences of your child, as well as some other facts. To learn more about court proceedings, please visit our web page.

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Lorrie J. Zahodnic

"I will hold you up until you can stand on your own two feet."

Lorrie J. Zahodnic, P.C. has provided skilled and compassionate legal guidance to Michiganders in family law matters for over 20 years.

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