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Over 20 Years of Experience Fighting For Your Rights

Invest in your future with Charles P. Farrar PLLC, a family law firm based in Waterford, MI. Attorney Charles P. Farrar has over two decades of valuable experience helping families with their serious family matters, no matter how complex they are. It’s vital to not face a situation on your own—a strong-willed family attorney is what you need by your side.

Sensitive to Your Needs, Dedicated to Your Rights

I don’t just file your case; I learn your story. Understanding your situation builds a trusting relationship and allows me to represent you to the best of my ability. I respect my clients and want the best for them, no matter how difficult the situation is.

With a passion for protection and over two decades of legal experience, let me be your guide in achieving the best results for you and your family. Whether it’s dealing with a divorce, child custody, property division or spousal support, you’ll always receive personal, hands-on attention.

Father’s Rights

Father with custody of his daughter

Child Custody

As a parent, you want what’s best for your child. It may mean you receive physical or legal custody, which is determined by a mutual agreement of the parents and mediated by attorneys. I am well-versed in Michigan’s custody laws to help you achieve the best outcome of child support, custody, visitation, and parenting time. In addition, I am a Certified Child Welfare Law Specialist with the National Association of Counsel for Children. I will do my best to ensure the decision is fair and just, and in the best interest of the child.

Legal Custody

Having legal custody means you are legally allowed to make decisions for your child. It means you have the authority in their education, religious upbringing, medical and dental care, extracurricular activities, and travel opportunities.

Physical Custody

Physical custody determines which parent the child lives with. This can be sole custody, in which the child permanently lives with one parent and receives visitation privileges. In this case, one parent receives legal custody.

Joint Physical Custody

Joint physical custody means the child lives with each parent for an approved amount of time. Where the child celebrates the holidays is decided upon by the parents.

Physical Split Custody

Joint physical custody is when siblings are separated and one parent gets one child or children, and the other parent gets custody of the other or others.

Child Support

Child holding hands with their parent

Raising a child is expensive and requires support of both parents. Determining and obtaining child support is an important process of separation. There are numerous factors that are considered when child support is determined.

Net income of both parents
The number of shared children
Custody
Healthcare, childcare, and educational costs
Other support obligations

Whether you are concerned with overpaying, not receiving the child support you deserve, or unhappy with the current child order, do not hesitate to call Charles P. Farrar PLLC. It’s important you receive your rights as a parent no matter how complicated your case may be.

Guardianship

I can help you receive the legal guardianship you deserve. Taking responsibility for an incapacitated individual is an important responsibility. Legal guardianship is not limited to children; it also encompasses a minor, elderly parent, or grandparent.

The Michigan court-systems have specific processes they adhere to when it comes to granting guardianship. Guardianship of an individual is mostly awarded to a spouse, parent, family member, or close friend. There are also two various kinds of guardianship that may apply to your case.

Full Guardianship

When someone receives full guardianship they are responsible for the care, custody, and control of an incapacitated person. They must also make decisions regarding the person’s education, medical needs, and living accommodations. The guardian is expected to take daily care of the person but is not held accountable for any financial obligations or personal resources.

Limited Guardianship

Granted by the authority of the court, limited guardianship bestows the same powers of someone who has full guardianship. Typically, the only difference is the individual with limited guardianship does not have the power to consent to the person’s adoption or marriage.

Temporary Guardianship

This type of guardian is appointed by the court to care for an incapacitated person for a maximum of six months. A temporary guardianship may occur while the proceedings for a permanent guardian are still taking place.

Personal Protection Order

Commonly known as a restraining order, a PPO is an order for safety from stalking or domestic violence signed by a judge and enforced by the police.

Domestic PPO

A domestic PPO is requested against a spouse or ex-spouse, someone who lived in your home or an individual you had a romantic relationship or child with. The following are reasons to obtain a domestic PPO.
Molesting, attacking, or threatening to hurt you or another person
Entering your house or other specific location
Stalking you
Interfering with you removing your children or property from a shared living quarter
Behaving in a way that interferes with your freedom or causes you to fear for your safety
Owning or buying a gun
It’s important to have the right forms and petitions crucial to the process. Charles P. Farrar can provide everything you need based on your specific case.

Ex Parte Personal Protection Order

In most cases, the offender must attend a hearing for the PPO to be signed by the judge. However, if there is an emergency matter of personal safety, an ex parte PPO may be an option. The accuser must prove that immediate and irreparable harm will occur if a PPO is delayed until a hearing, or that notifying an abuser of a hearing will cause adverse action. A judge can then sign it into effect without a hearing or notice.

Division of Marital Property

While in the process of the emotional, personal, and financial ups and downs, you may ask yourself: what happens with all of our stuff? Divorce involves two kinds of property: marital and separate property.

Separate Property

Separate property involves any property that was acquired, bought, or owned prior to the marriage. It also includes gifts or inheritances during the time of the marriage. This property cannot be touched during divorce proceedings.

Spousal Support

Known as alimony, spousal support is decided upon by many factors, including the length of your marriage, ability to work, emotional, financial, and personal needs of the spouse, and much more. Whether you fear you are expected to pay more, or you aren’t receiving enough, let me advocate on your behalf.

Marital Property

Marital property is property or assets that have been acquired during the marriage and are therefore open to a division. Property division must comply with Michigan legislation, which requires property to be equally distributed between the spouses. There are several factors judges look for when dividing marital property, including:
Source of property
Years of marriage
Earning power of parties
Cause of divorce
Needs of either party
Acquisition of property
Other factors deemed relevant by the court

FAQ’s

Are Lady Bird deeds valid in the State of Michigan?

Yes, and they are an effective and low-cost way to transfer real estate to your children after you pass away.

Is ownership of a business considered marital property in a divorce, even if the business only belongs to one party?

Yes, business interests acquired or increased in value during the marriage are typically considered marital property in Michigan, subject to equitable division based on the contributions of both spouses and other relevant factors

Are retirement accounts considered marital property in a divorce?

Yes, retirement accounts are typically considered marital property subject to equitable division, but if the retirement account was established before the marriage, that pre-marital portion is separate property.

What is the process for filing for a divorce?

The complaint for divorce must allege that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood of reconciliation. In addition, at least one party must have resided in Michigan for 180 days and in the particular county where the complaint is filed for 10 days immediately preceding the filing of the complaint. The other party must be served with the Summons and Complaint within 91 days of the filing.

How long does a divorce typically take?

The divorce can’t be finalized until 60 days after the complaint is filed. However, if there are dependent minor children under the age of 18, the waiting period is extended to six months. Exceptions to these waiting periods may be granted by the court in cases of unusual hardship or compelling necessity, provided there is a proper showing to justify the waiver.

Can a divorce case be filed jointly?

No, spouses cannot file for divorce jointly. One spouse must file as the plaintiff, and the other is designated as the defendant.

How is child custody determined?

Child custody determinations are governed by specifically worded “best interests” factors. So the entire analysis is focused on what custody arrangement is in the child’s best interests.

Do the children have any say in custody and parenting time decisions?

Yes, the court must make an effort to determine the child’s reasonable preference.

What is parenting time, and how is it scheduled?

Ideally, it is scheduled in such a way as to foster a strong relationship with both parents. The court will ordinarily approve of whatever schedule the parents agree on. If they cannot agree, the court will impose a schedule based on its determination of the child’s best interests.

What is the difference between legal and physical custody?

 Legal custody refers to the authority to make significant decisions affecting the child’s welfare, such as education, medical care, and religious upbringing. Physical custody refers to where the child physically resides.

Can an existing custody order be changed?

Yes, if there has been a “proper cause” or change in circumstance since the last order, a court may modify a custody order if it determines it to be in the child’s best interests.

Can a parent move out of state with a child if there are custody orders in place?

A parent may not move a child’s residence to another state or more than 100 miles away without the agreement of the other party or a court order.

What rights do grandparents have to visit their grandchildren?

Grandparents may petition for visitation under certain circumstances, such as when a parent is deceased or when the parents no longer reside together. However, if one parent (who is deemed to be “fit”) opposes this, the grandparent must show that the child would be harmed without the grandparent’s visitation.

How do I obtain a personal protection order?

Generally speaking, a PPO is granted if the person can establish reasonable cause that it is necessary to protect them from injury.