Child Custody

Defending Your Children’s Best Interests in Custody Cases

Michigan is a “best interests of the child” state by law. This concept prominently figures in matters of family law in regard to visitation, custody, child support and parenting time.

In practice and theory, we closely concentrate on your child’s best interests. This objective has assisted our attornies in keeping broken families focused around what is optimal for the children of a divorced couple. This also applies to our commitment to the children of unmarried parents. Support modifications, custody orders, the visitation of grandparents or order violations can have an effect on a child. Children depend on the trust and leadership of their parents and stepparents. Whether a legal need that directly affects your child is long term or short- range, Hertz Schram can help. We have supported all kinds of families in our many years of practice.

Your child’s best interests include parenting time and custody accommodations that fit your unique family situation. Call us today for more information about how we can assist. (248) 609-3014

The state courts recognize the following factors in determining “The best interests of the child:”

Affection, love and other emotional bonds
Direction in education and possible religion
Providing the necessary things in life
A stable and balanced environment
Whether or not the family unit is permanent
Morals and the health of the parents, both mentally and physically
The child’s school, home and community record
Reasonable inclination of the child
Continuous and close parent- child relationship
Domestic violence witnessed by or directed against the child
Any additional factors that are considered relevant to a dispute for child custody

Together we can develop custody and visitation strategies that fit your child’s best interests. We have the reputation, experience and client commitment to formulate results that provide a positive difference for your life.

Comprehending Sole Custody in Michigan

It is common for a parent to come to us to request sole custody of their children. It is rare for sole custody to be in the best interest of the child. If both parents of the child are “good enough,” it is likely that you will receive a parenting plan for joint custody.

Hertz Schram has always led families to effectual decisions in custody matters. We can help you develop a custody plan that meets the needs of your family. We will advocate your desires in the courtroom regardless of what they are.

When is it best for the child for you to receive full custody?

The courts in Michigan base decisions of child custody on the child’s best interest rather than what the parent desires. Unless one of the parents has serious issues, the courts believe that spending time with each parent is in the child’s best interests. Below are some reasons for parenting time limitations and sole custody:

One of the parents is an alcoholic or drug addict
History of of domestic violence or parental abuse
An absent parent
Neglect or endangerment by one of the parents

Here at Hertz Schram, we can help determine if you have a chance to obtain sole custody or if joint custody is a more realistic outcome. We will use the facts you provide us and our own knowledge of family law in Michigan to recommend a custody plan that is in the best interest of your family.

Child Protective Services

How Child Custody is affected by allegations of neglect or child abuse

Allegations of neglect and child abuse commonly arise in disputed for child custody. In michigan, CPS (child protective services) investigates all claims of neglect or child abuse. If the workers see evidence of neglect or abuse, the parent could lose their custody rights.

Hertz Schram represents parents who are looking for sole custody because of the other parents’ abusive tendencies. We also represent parents who are accused of these actions.

What happens if a CPS worker comes to your home?

If neglect or abuse is witnessed, any person can make a report to the Michigan Department of Human Services. They can do this anonymously if desired. It is required for certain professionals (like teachers and police officers) to make a report if they suspect neglect or abuse.

CPS will do an investigation after a report is made. If they conclude that there is no merit to the allegations, they will close the case. However, if they believe that the charges are valid, the file will make its way to the prosecutor. The parent who has been accused may be charged with child abuse, neglect, child endangerment, or sexual abuse.

These charges can have a disastrous effect on a case for child custody. If you are facing any charges of neglect or abuse, we recommend that you contact an attorney as soon as you can.

What happens when a parent is falsely accused of abuse or neglect?

We have witnessed parents make false allegations about neglect or abuse to utilize as a weapon in cases involving child custody. However, these accusations can backfire if there is no evidence of neglect or abuse found and the person making the false allegations can be incriminated for parental alienation.

Testimonials

Attorney Gerald Cavellier: Throughout all of that your professionalism stood out, now I know why you get the acclaim you do from a variety of sources and I consider myself proud to be one your clients.

Ted A.

When my deceased father's former spouse sued me, I called attorney Jerry Cavellier, who handled my father's divorce. In what looked to be a long, difficult legal battle, Jerry quickly devised a strategy that wore down the opposition and settled the case. His legal maneuvering saved me tens of thousands of dollars!

Peter Leonard, National Best-Selling Author

Attorney Jerry Cavellier was and continues to be a great help and support throughout my divorce and years afterwards. Whenever I’ve needed to speak with him, he is available. Whenever I’ve needed advice or direction throughout the process, he would make time for me to explain and feel confident I understood to make good decisions. Above all, I felt he was truly concerned with what I was dealing with and was looking out for me in my best interest. Jerry is a kind, empathic human being. He continues to be accessible whenever I reach out for help. Thank you Jerry.

Steve

Luis R.

Attorney Lisa Stern was compassionate and understanding in a time of great fear for me. She gave me confidence to move past fear and find my strength to finally end an abusive marriage. She was both tough and kind in the process. While my divorce wasn't the end of the craziness and my children and I still struggle to be healthy, my divorce freed me from the daily intimidation and worse... Likely saved my life. I am grateful for Lisa's strength when I didn't have much of my own.

Denise

I was fortunate to have found attorney Jerry Cavellier to represent me when I went through my divorce. He did an outstanding job representing me and advocating for my interests (both custodial and financial). He took the time to understand my case and the issues at hand. He was always very responsive to all of my inquiries. In addition to his legal expertise and negotiating skill, Jerry provided some needed compassion and perspective during that difficult anxious laden time. I would recommend Jerry to anyone going through a divorce and looking for a highly skilled and loyal advocate.

Shaun

Attorney Lisa Stern successfully defended my custodial rights where two other lawyers had fallen short. She understood the nuances of my case right away, maintaining objectivity in order to prioritize my issues. Lisa has been level-headed and measured while being very sympathetic, and is highly respected amongst her peers. Lisa has managed my expectations while encouraging me with her demeanor and actions. In the end, I got more than a great lawyer; I got a good friend who is invested in what's best for me and my child.

Peter H.

Our firm was founded on the belief that our clients deserve the best possible representation in disputes, litigation and transactions.
Everyday, our attorneys strive to provide it.

Detroit Family Law Attorneys – Divorce & Family Law Firm Serving The Areas Of Bloomfield Hills, MI & Detroit, MI

Howard Hertz

Shareholder

“I have successfully and aggressively represented creatives and their entities for more than forty years. “

Steven P. Jenkins

Partner

“Never underestimate the positive impact an attorney can have on their clients’ lives.”

Cristina Crescentini

Partner

“PROTECT THE THINGS THAT MATTER MOST”

Donna Virkus

Attorney

“Be real, keep things in perspective, and keep going. The best is yet to come!”

Gerald Cavellier

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“I advise my clients to take the high road by reminding all parties that if they have children together they will continue to be part of each other’s lives post-judgment.”

Lisa D. Stern

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“Provides her clients with clear advice, smart strategies, honest representation and a small dose of humor to help then get through an otherwise difficult time.”