Making the decision to end your relationship can be one of the hardest decisions in life, especially if you have young children at home.  I understand the emotional and financial side to divorce matters and all the ups and downs associated with the divorce process, both legal and non-legal.

Paternity may be established in a number of ways.  If the parents agree jointly they can execute the proper forms under the Acknowledgement of Paternity Act. Alternatively, the parents may acknowledge paternity once a court action to establish paternity has been filed, or the court may order a DNA test to confirm paternity.

There are two types of child custody.  Physical child custody refers to the place a child lives, or in other words where a child lies his or her head at night, whether that is at Mom’s, Dad’s or a third party custodian’s house.  Legal child custody refers to decision making authority for major life decisions, such as education, religion, and medical treatments.  Physical child custody may be joint, meaning both parents have equal time, or one parent may have primary physical child custody and the other has parenting time.

Child support is a parent’s court ordered payment to assist with the financial needs of the child.  Children need the emotional and financial support from both parents, even when the parents do not live together, and the child has a legal right to financial support from both parents.

In this ever mobile society, our jobs, families, and friends stretch across the country and around the world.  Sometimes it can be unclear where, and which judge, has the authority to make child custody, parenting time, and child support decisions.  As a general rule, only one state (and country) at a time has authority to order, enforce, and/or modify child related orders.

A guardianship, or legal guardian, is a person who has authority to make legal decisions and responsible for providing for the care of someone else. There are two types of guardianships.  One is for a minor child; the other is for an incapacitated adult.  A Conservatorship, or conservator, is a person appointed to handle the financial affairs of a child or an incapacitated adult.

Adoption is a legal process where a person, or persons, assume the role of a parent, usually of a minor child, but in some circumstances an adult may be adopted.  In our ever changing society family dynamics are in flux, and there are many children being reared by persons that are not their natural parents, from grandparents, aunts, uncles, friends of the family, and step-parents.

Third Party Child Custody refers to someone who is not the child’s natural (biological) or adoptive parent who has, or is seeking, legal and/or physical child custody.  In most child custody disputes, the court must chose between either the mother or the father.  However, in some circumstances, someone who is not the mother or father may have a reason to seek custody of the child.

Many families recognize the importance of a grandparent’s involvement in their grandchild’s life, and the important bonding and learning experience the younger generations gain from interaction with grandparents, and extended family members.  However, sometimes parents and grandparents do not see eye to eye on this matter, and disputes may arise regarding whether a child should see his or her grandparent(s) and/or how often visits should occur.

Prenuptial Agreements, sometimes called Antenuptial Agreements, are a special type of contract.  Under the United States Constitution, competent adults have the freedom to enter into contracts and be bound by the terms of the contract.  In general, contracting requires both parties to a contract to give up something, and get something … a promise to do something in exchange for a benefit.  Prenuptial Agreements are no different.  The benefit to each is that the marriage will occur.

As a general rule, children are not adults under the law, and do not have any of the rights of an adult until they are emancipated by operation of law at the age of 18, are legally married, or are on active duty in the United States Military. This means that children cannot chose where they live, including away from their parents without their parents’ permission (even if they are 17-1/2). If a minor child (someone under the age of 18) wishes to make adult decisions, and not have his or her parent(s) make decisions for them, they can seek an emancipation from his or her parents by court order.

The Michigan Revocation of Paternity Act, known as ROPA, is a law that allows, in limited circumstances, to exclude a legal father. A legal father is created by virtue of fact, court order, or otherwise, and therefore provides legal rights and obligations to that father. But, sometimes legal father is not the biological father.