Detroit Family Lawyer
Like the families it applies to, family law is often complex, with issues that are usually multi-layered and multi-dimensional. Due to their difficulty, grappling with issues surrounding family law can often be stressful and emotionally draining.
During this period, it can be difficult to make rational decisions, especially when you are worried about the welfare of your child. In these times, having an experienced family law attorney to hold your hand and guide you through can make all the difference.
Allison Folmar has represented Metro Detroit area families in all areas of family law, including child custody, divorce, and child support. She understands the unique challenges that these issues bring and is well-equipped to guide you through to a positive conclusion.
If you, or someone you know, has legal issues bordering on family law or divorce in Michigan, call Allison Folmar for a 100% free phone consultation today.
How Allison Folmar Can Help You With Your Family Legal Matter
Allison approaches her clients’ family law issues with a compassionate determination that achieves the right results. She provides legal assistance and guidance to parents on a wide range of family law issues including:
- Child custody and support
- Spousal support
- Property division
- Parenting time
- Pre and postnuptial agreements
- Child protective services
- Medical kidnapping
- Parental rights, including the constitutional rights of parents of special needs children
There are several ways in which these family law issues can crop up, and when they do, things become problematic very fast. It does not matter what you are facing though. Attorney Allison Folmar is experienced and trusted by families throughout Michigan to provide the right legal direction.
Divorce in Michigan
Ordinarily, before spouses can file for divorce, they must usually show that the other party did something wrong. This may include showing that their spouse committed adultery or deserted them. Such divorces are referred to as “fault” divorces.
However, Michigan is a “no-fault” divorce state. This means spouses do not have to show that either of them was wrong or complicit in the marriage coming to an end. In Michigan, it is enough to show that there has been a “breakdown of the marriage”.
Once either of the spouses testifies to this in the appropriate court documents, they can begin the process of getting a divorce. In order to file, however, there are two conditions that must be present:
- Either you or your spouse must have lived in Michigan for at least 6 months before filing; and
- The divorce must be filed in the local county circuit court where the filing spouse resides.
Once a divorce has been filed, there are many issues that might require resolution, including child custody, child and spousal support, asset division, and parenting time. These issues are often complex and, depending on how quickly they are resolved, may prolong the divorce process.
Often, having a pre or postnuptial agreement can help resolve some of the complexity and make the process move smoother. It can also be beneficial to explore other means of divorce other than a court-supervised process. These may include collaborative divorce, which would include just you, your spouse, and your respective attorneys; or you could consider divorce arbitration.
No matter how you choose to approach your divorce and the complex issues that will need resolution, Allison will help you understand what is at stake and fight on your behalf for a positive resolution.
The question of family and parental rights can often be glossed over, especially when a family comes into contact with government agencies. However, the rights of parents to care for their children and make decisions on their behalf is protected under constitutional and statutory law.
Every individual has a right to form a family and have children. And when they do so, they have the right to privacy in their family life and freedom from the coercive interference of the state, as held in Duchesne v. Sugarman 566 F.2d 817, 825 (2d Cir. 1977).
Parental rights include the right of parents to make decisions on behalf of their children less than 18 years. Parents are entitled to decide on how best to care for the child, make financial decisions on behalf of the child, as well as medical decisions.
Other parental rights include evaluation rights, which entitle a parent to seek and receive professional evaluations regarding the child’s welfare. A parent cannot be restricted in the range of advice they seek, and they have the right to accept or reject whatever evaluations they choose.
These rights cannot be fettered or denied in any way, unless upon proof of wrongdoing. Even if a parent is suspected of wrongdoing, especially with respect to the child, these rights can only be abridged upon the valid order of a court. No matter what challenges you are facing to your parental rights, Allison will stand by your side and face the fight with you head-on.
Child Protective Services (CPS)
Michigan Child Protective Services (CPS) are charged with the protection of children and families in Michigan. The agency is expected to identify, investigate, and intervene in situations of child abuse and neglect in Michigan, including removing children from harmful situations.
The work that child protective services do is vital for the welfare and good health of children in the state. However, due to a lack of adequate checks and balances, CPS often ends up overreaching its powers.
Too often, families that come in contact with CPS end up having horror tales of administrative bullying, unfair prejudice, and shoddy investigation. CPS should not tear apart families or harm them. Yet, this is what often happens.
Allison’s CPS practice is devoted to assisting parents who are being unfairly targeted by the agency. She provides staunch support and legal assistance in these cases to prevent prejudicial enforcement of child protection laws. If CPS has gotten involved with your family, know that you are not alone. Contact Allison for help immediately.
Allison is a national expert on medical kidnapping and the constitutional rights of parents with special needs children. She has been at the forefront of the fights against overreaching by hospitals and government agencies and fights aggressively for the rights of parents to keep their children from being forcefully taken away.
Medical kidnapping occurs when hospitals, the court, or government agencies try to usurp a parent’s rights to make decisions about their child’s welfare. It often results in the forceful removal of a child from the parent’s home because the parent refused to accept harmful or antipsychotic medical treatments for their child.
Allison is a trailblazer in this area of law and has helped shape Michigan’s family law on the rights of parents to care for their child. Due to her efforts, courts in Michigan are more conscious of the abuses agencies such as the CPS often put parents through. No parent in Michigan deserves to have their child taken away because they refused a medical treatment they genuinely believed was harmful to the child.
As a result of Allison’s efforts, the law on the refusal of government forced antipsychotic treatments for special needs is now much more protective of parental rights. If you or a loved one are experiencing a struggle with CPS or a hospital over medical treatments that may be harmful to the child, contact Allison for help at once.
Contact Allison Folmar today
There’s no doubt that family law issues are often complicated, but there’s no reason why they should remain so. Allison Folmar has helped many families find peace of mind and a lasting solution to their family law issues. She can help you too.
To set up a free case review with Allison, call today or get in touch through our contact page.