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Grandparents Visitation Rights After Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Grandparents Visitation Rights After Divorce

Child custody and visitation can often become points of contention in divorce cases. When divorcing parents fight over money or personal property, children can often become pawns in their parent’s ugly game. In some cases, grandparents are caught between warring parents and end up being denied time with their grandchildren.

A difficult divorce can create challenges for parents who lose custody of their children, forcing them to follow court-ordered visitation schedules and shared custody orders regardless of the convenience or inconvenience. However, what rights do grandparents have when their children cannot agree on custody and deny them time with their grandchildren?

The answer differs from state to state. In Michigan, if a parent prevents a grandparent from seeing their grandchildren, the grandparent may have little to no recourse. If an informal agreement cannot be reached by the parents, Michigan grandparents can seek a court order granting them visitation rights, or grandparenting time, but it can be a tough road.

In order to seek visitation rights, a grandparent may need to clear several hurdles. Visitation denial by a parent may signal to the court that the grandparent is unfit, or a danger to the child, and the courts defer heavily to the rights of parents in making these decisions.

Unless the grandparents can prove that denying them access to the child could cause mental, physical, or psychological harm, a judge may not grant any visitation rights at all. If a fit parent denies a grandparent access, the court will most likely assume that the parent knows what is best for their children, and deny the grandparent’s request for court-ordered time.

In some cases, a judge may determine that spending time with grandparents is in the best interest of the child. There are many criteria on which this decision will likely be made, but in the absence of any history of abuse, neglect, or hostility, it is not always impossible for grandparents to gain visitation rights.

A judge will likely review other factors before making a decision, including moral concerns, the child’s affection for the grandparent, the grandparents physical and mental health, and the child’s personal preference. Ultimately, the child’s best interests will decide the outcome.

If you are a grandparent who has been expressly denied access to your grandchild, you may have rights. In West Michigan, contact the experienced West Michigan attorneys at Johnsen Wikander and let us help you through this difficult time.

Social Media can be Divorce Case Evidence | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Social Media can be Divorce Case Evidence

Social media and personal messaging apps, such as those associated with Facebook and Twitter, are being used for more personal communication than ever. Facebook friends or Twitter followers are easily found in the list of contacts associated with the user’s account, so many people never bother to add them to any other contact list.

Convenient private messaging apps are also available for phones and computers. Some dedicated communication applications, such as Snapchat, are used to send sensitive information because their short-lived messages disappear from the sender’s account after a predefined time. Each messaging app and social media outlet has its own pros and cons, but all of them share something in common – their content, when discoverable, can be used as evidence in divorce cases.

Social media content can show a wide variety of evidence that may help or hurt a divorce case. Photos can be especially harmful, but text messages and online comments can be equally damaging when they contain proof of a lie or illicit behavior. A cheating spouse (or their friends) may post photos of themselves out to dinner or vacationing with another party, which may present usable evidence to a legal team.

Social media can also be used to prove, or disprove, a person’s state of mind at the time they created a post. Comments that threaten to harm other people, or the poster themselves, can affect important pieces of a divorce case such as child custody decisions. Even if the threats are hollow, they can still be used to show potential intent or instability. Angry messages or threats can even be used to justify a personal protection order.

Many people post their daily activities without thinking. Posting on social media has become so commonplace that people rarely stop to consider the implications of their actions. However, bragging online about a financial windfall or hidden wealth, or claiming to be unemployed while posting pictures of new cars or expensive vacations, could provide information that impacts property settlements or alimony.

For more information or a consultation, please contact the experienced West Michigan divorce attorneys at Johnsen Wikander to discuss your current situation and let us help you through this difficult time.

Hard Truths - Divorce and Reality | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Hard Truths – Divorce and Reality

Divorce is hard. I know, I know – “Thank you Captain Obvious.”

Sometimes painful honesty is the best way to make a point. There are endless quotes about marriage, many by people famous for saying truly insightful things. Some of them are hard to beat for their blunt approach to the truth, and for the spotlight they shine on the future.

“One of the hardest things you will ever have to do, my dear, is grieve the loss of a person who is still alive.” Jeannette Walls, Author

Few things are harder to face than divorce, even when a relationship has deteriorated to one filled with misery and pain. Leading up to the process, divorce can feel like a doctor just told you that you’re about to lose a limb. During the proceedings, it can feel like the same doctor is sawing that limb off while you’re awake for the procedure.

“Sometimes walking away has nothing to do with weakness and everything to do with strength.” Unknown

The idea of divorce can be hard to accept, and the process can appear to be so overwhelming that two people will choose to live in misery rather than take on the great unknown that exists on the other side of a failed marriage. Many people believe there is nothing else, that life can never be any better than the struggle they face every day.

“Divorce is never a pleasant experience. You look upon it as a failure. But I learned to be a different person once we broke up. Sometimes you learn more from failure than you do from success.” Michael Crawford, Actor

Two people may choose to hate each other under the same West Michigan roof instead of looking for kindness and love somewhere else. Partners may even choose to turn their head while the other cheats rather than accept that their marriage has collapsed. For some, accepting physical abuse can even seem like a better option than separating.

“Divorce isn’t such a tragedy. A tragedy’s staying in an unhappy marriage, teaching your children the wrong things about love. Nobody ever died of divorce.” Jennifer Weiner, Author

No one deserves to live in misery. No one should dread the start of each new day, or the slam of a car door after 5:00 pm. No one should spend their life avoiding their roommate, especially when there are children living in the same house.

“I deserve better, I deserve to be loved wildly, passionately, deeply. I deserve to be accepted and appreciated.” Samantha Matthews, Blogger

Many people believe that every marriage must be saved, but the truth is, not every marriage can be saved. Or should be. Sometimes, people who started out as friends should have stayed that way, instead of crossing the line and becoming romantic partners.

Too many people feel that admitting failure is worse than ending a bad relationship, but most relationships that carry on in sadness and resentment have already failed.

“I used to think that divorce meant failure, but now I see it more as a step along the path of self-realization and growth.” Alana Stewart, Actor

A fresh start is very often a frightening thing, but it can also be the best possible outcome for one or both spouses. Two people might not pull off a marriage, but they may have the potential to salvage a friendship, and a great friendship beats a broken marriage every time.

“New beginnings are often disguised as painful endings” Lao Tzu

Starting over is difficult. Please contact the experienced Grand Rapids divorce attorneys at Johnsen Wikander today and let us provide you with the advice and guidance you need during this challenging time.

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Divorce – Can you Change Your Mind?

Many West Michigan couples approach divorce believing that once the process has been started it cannot be stopped. However, it is possible to stop divorce proceedings if one or both partners are having second thoughts.

If there is any possibility of saving the marriage, or if both partners wish to try and resolve the issues that pushed them to file for divorce, then it is wise to discuss the steps necessary to stop the process with an experienced divorce attorney as soon as possible.

In many situations, one partner does not want to go through with the divorce or feels that they are making a mistake. Many people enter into divorce proceedings feeling as if they may not have exhausted all other options, and they still want to fight for their marriage.

There are situations that can cause irreparable harm to a relationship, such as cheating or abuse, but very often divorce is not the only answer. If the relationship has not become so toxic that a reasonable conversation is impossible, then it may be wise to stop the divorce process, even if it’s only a temporary situation.

Many people don’t consider that marriage takes work, and that a little extra effort can rebuild a relationship that one or both partners felt was beyond repair. By entertaining options such as marriage counseling, therapy, time alone, or even just rational, heartfelt conversations between the two partners, a relationship thought to be beyond repair may be salvaged.

If you are having second thoughts about your divorce proceedings, or if you want to know what your options are before making a life-altering decision, please contact the attorneys at Johnsen Wikander for a consultation today.

Emotional Affairs: More Destructive Than Physical? | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Emotional Affairs: More Destructive Than Physical?

People today have more communication options than ever before. Text messaging, video calling, and the social media have all made it easier for two people to form a bond, whether in person or online. Friendships that develop at work, through a club or organization, or within social media circles may deepen over time due to shared interests, or, because of common problems.

Friendly relationships that grow deeper can lead to physical attraction, even when there was none in the beginning. Unhappy spouses may look outside of the home for comfort, or just to find a sympathetic ear. Innocently returned attention can lead to feelings of desire, and a spouse who may have never considered cheating could find it all too easy to stray once a friendly relationship shows any romantic prospects.

However, physical infidelity is not the only danger. Strictly platonic friendships that form strong bonds can still create difficult situations for married partners. A deepening friendship can create a safe environment where an unhappy spouse will find comfort and support. This can lead to an emotional relationship that may be viewed as an affair.

Can talking on the phone, exchanging text messages, or nurturing an online relationship be considered cheating? Most people today think so. In fact, the majority of women who were interviewed regarding the subject even believe an emotional affair is more destructive to marriage than a sexual one.

Emotional affairs have even become common reasons for divorce. According to the Today Show, a large percentage of the population believes that infidelity is no longer defined by sexual activity. The secrecy and betrayal created by emotional relationships are very often more devastating to couples than a one-night stand.

While a physical relationship is often short-lived, an emotional affair may create a more lasting connection that is harder to sever. An emotional affair can also create feelings of love between participants, while a purely physical encounter may not. Common interests, meaningful discussions, and shared difficulties form stronger bonds than sex alone.

Emotional relationships will drive a wedge between partners who are already experiencing marital difficulties. Instead of seeking ways to resolve problems at home, spouses may share their problems with an emotional friend instead. The resulting distance between married partners can grow wider when an unhappy spouse turns to someone else for support.

An emotional affair can destroy a marriage, even when there is no physical interaction. There may be signs that your partner is involved in an emotional affair, even when there is no evidence of physical interaction.

Please contact the experienced divorce attorneys at Johnsen Wikander for help or advice.