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Child Custody News
Child Custody Disputes Powers Of Court Appointment Of Lawyer Guardian Ad Litem
(1) In all actions involving dispute of a minor child's custody, the court shall declare the child's inherent rights and establish the rights and duties as to the child's custody, support, and parenting time in accordance with this act.
(2) If, at any time in the proceeding, the court determines that the child's best interests are inadequately represented, the court may appoint a lawyer-guardian ad litem to represent the child. A lawyer-guardian ad litem represents the child and has powers and duties in relation to that representation as set forth in section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d. All provisions of section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d, apply to a lawyer-guardian ad litem appointed under this act.
(3) In a proceeding in which a lawyer-guardian ad litem represents a child, he or she may file a written report and recommendation. The court may read the report and recommendation. The court shall not, however, admit the report and recommendation into evidence unless all parties stipulate the admission. The parties may make use of the report and recommendation for purposes of a settlement conference.
(4) After a determination of ability to pay, the court may assess all or part of the costs and reasonable fees of the lawyer-guardian ad litem against 1 or more of the parties involved in the proceedings or against the money allocated from marriage license fees for family counseling services under section 3 of 1887 PA 128, MCL 551.103. A lawyer-guardian ad litem appointed under this section shall not be paid a fee unless the court first receives and approves the fee.
Mediation is a common way to resolve disagreements regarding child custody and visitation.
If parents cannot agree on child custody and visitation, most states require them to participate in a mediation session to work out a plan. If the mediation fails, the parents can pursue litigation of unresolved issues.
Paternity refers to the determination of who the legal father of the child is in order to settle child support and child custody.
Change of circumstances
This refers to the court's anticipation that circumstances, especially a child's decision with whom to live, might change over the course of time. Therefore, change of circumstances refers to the ability to change custody orders if it can be proven that t
Legal custody grants one spouse the right to make any legal decisions over the upbringing of the child.
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