Gordon & Hess, PLCGordon & Hess, PLC2026-07-23T22:25:25Zhttps://www.gordonhess.com/feed/atom/WordPress/wp-content/uploads/sites/1203993/2019/09/cropped-favicon-32x32.pngOn Behalf of Gordon & Hess, PLC<![CDATA[Can a parent relocate with a child after divorce in Michigan?]]>https://www.gordonhess.com/?p=484622026-07-23T22:25:25Z2026-07-23T22:24:36ZA promising job offer or relatives in another city can make a move feel unavoidable. When you share custody, though, relocation becomes a legal event rather than a personal choice. Michigan law may require the other parent's consent or judicial approval before you relocate with your child.
Michigan's 100-mile rule
UnderMichigan Compiled Laws § 722.31, a parent typically cannot relocate a child's legal residence beyond 100 miles. Courts calculate that distance from the child's home at the time the custody case started. Interstate moves typically require approval regardless of distance. Exceptions exist. You may not need permission if the parents already lived more than 100 miles apart. A parent holding sole legal custody may also encounter fewer restrictions.
What a judge may consider
If the other parent withholds written consent, you can file a motion with the court. The judge may evaluate several statutory factors:
Quality of life: Whether the move could improve life for you and your child.
Good faith: Whether the move is meant to limit the other parent's time.
Parenting time: Whether a new schedule could preserve the child's bond with both parents.
Compliance:How well each parent has followed the current order.
Motives for objecting: Whether opposition is tied to child support concerns.
No single factor decides the case. The judge looks at the child's best interests as a whole.
Why you should not move first
Relocating before you obtain approval can substantially damage your position. A court could order the child's return, hold you in contempt or modify custody. Judges may interpret an unauthorized relocation as evidence of poor judgment. Resolving the legal questions before you pack remains the safer course.
Protecting your parenting relationship
Relocation after divorce touches custody, parenting time and your child's stability. The 100-mile rule, out-of-state limits and the statutory factors all shape whether a move can happen. Knowing these rules helps you plan a move or respond to one without risking your rights. If your situation becomes contested or complicated, a Michigan family law attorney can help you evaluate your options. ]]>On Behalf of Gordon & Hess, PLC<![CDATA[How a postnuptial agreement can protect your future in Michigan]]>https://www.gordonhess.com/?p=484612026-07-09T07:18:28Z2026-07-20T07:17:15ZReasons to consider a postnuptial agreement
A postnuptial agreement can help couples clarify financial responsibilities and safeguard important assets during marriage. In case of unexpected inheritance, this document can help protect that wealth for future generations.
If a spouse starts or expands a business during the marriage, the postnuptial agreement can label it as separate property so the other spouse is not responsible for its risks. Additionally, these contracts help with debt management by clearly stating which person is responsible for certain loans or credit card bills. If a couple is going through a hard time, a postnuptial agreement can provide financial security while they work on fixing their relationship.
Legal requirements for enforceability
For a postnuptial agreement to be valid in Michigan, it must follow specific legal rules. The contract’s purpose is to support the marriage or settle financial matters, not encourage divorce. State law wants these documents to help keep families together, not tear them apart.
The agreement must also be fair upon signing and not unconscionable at the time of enforcement. Moreover, both spouses must sign the document freely, without pressure or threats.
Protecting your long-term stability
A well-crafted postnuptial agreement can allow you and your spouse to focus on your relationship with the confidence that your individual and joint interests are protected. A lawyer can help ensure your contract meets Michigan’s standards while tailoring it to the unique needs of your marriage.]]>On Behalf of Gordon & Hess, PLC<![CDATA[Who pays for summer camps after divorce?]]>https://www.gordonhess.com/?p=484582026-07-02T12:57:53Z2026-07-02T09:39:48ZClassifying summer camp costs
Under Michigan law, standard child support payment covers basic needs such as food, clothing and housing. They do not automatically cover summer camp. How the court views summer camp usually depends on:
The childcare argument: If both parents are working and the child needs to attend a summer camp, the court often considers this as a necessary expense. In this case, the amount could be split proportionally based on both the parents’ incomes.
The extracurricular argument: If the camp is strictly for enrichment and not serving as work-related childcare, neither parent is legally obligated to pay for it unless it's explicitly mentioned in the custody order or court judgement.
If a camp happens entirely during one parent's scheduled parenting time, what can be done? Under Michigan law, a parent usually has the right to decide routine daily activities during their own time. However, if the camp crosses over into the other parent's week, you should get the other parent’s consent.
Next steps for summer planning
Summer is often the most exciting time for kids. Disagreements between parents shouldn’t be a reason to lose their summer spark. Filing for a modification in your custody order can be a complex legal process. Seeking the guidance of a legal counsel could help you understand your rights and protect your finances and parenting time.]]>On Behalf of Gordon & Hess, PLC<![CDATA[3 ways police gain the right to conduct searches]]>https://www.gordonhess.com/?p=484572026-06-20T13:24:17Z2026-06-20T13:24:17Z1. A warrant
The strongest form of legal authorization for a search is a warrant. If an investigation yields enough evidence to convince a judge that a search is necessary, officers can obtain warrants that allow them to access property without consent and even impound vehicles.
2. Probable cause
Many searches occur on the fly when something unexpected happens. If police officers have a credible suspicion that a specific crime occurred, they can conduct a reasonable search. Claims of probable cause require more than generalized suspicions for a search to hold up under scrutiny during criminal proceedings.
3. Permission
Many people make the mistake of consenting to police searches out of politeness. They believe they must comply with officer instructions. They agree to a pat down, allow officers to search their vehicle or let them into their homes.
If a search was not lawful, then a defense attorney could potentially suppress the evidence secured if the search leads to criminal charges. Learning more about the rules that govern criminal trials and police officer conduct can benefit those accused of breaking the law.]]>On Behalf of Gordon & Hess, PLC<![CDATA[Can a prenup waive child custody rights?]]>https://www.gordonhess.com/?p=484562026-06-14T18:16:20Z2026-06-14T18:16:20Zshould not address child custody at all. They are more for making important financial decisions, such as how a couple will split up the assets that they own together. Prenups are not for splitting up either legal or physical custody rights.
If your future spouse comes to you and asks you to sign a prenup stating that you will not seek custody or be involved with a child after a divorce, you need to know that would likely invalidate at least that portion of the prenuptial agreement. Even if you signed it, it is not likely to be binding if a divorce occurs.
Why can't prenups address custody?
There are only certain things that are legally allowed to be put into a prenuptial agreement, and custody is not one of them. Instead, the court has the final authority to make custody decisions during the divorce proceedings.
One key thing to remember is that the court focuses on a child's best interests when determining how custody should be split up. A prenuptial agreement that was signed before that child was even born may not be in the child's best interests. Thus, even if both parents agreed to it, it may conflict with the court's goal.
Dividing custody of children during a divorce certainly can be complicated, as can creating a prenuptial agreement before you get married. In either stage of your relationship, it can help to work with an experienced attorney.]]>On Behalf of Gordon & Hess, PLC<![CDATA[When parenting ends, divorce may follow]]>https://www.gordonhess.com/?p=484542026-05-28T18:09:07Z2026-05-28T18:09:07ZWhen the youngest child moves out of the house, and the parents are once again living on their own, they are often referred to as empty nesters. For many, this happens when their children leave to go to college, get a job, join the military or take other similar steps.
One important thing to keep in mind is that becoming empty nesters can sometimes cause a couple to get divorced. This may be surprising to their adult children, and to their friends and family members, but it is a notable trend. Why does this happen so often, and what does it mean for a divorce case?
New life stages
Often, becoming empty nesters is just a different life stage. Parents may have more free time to think about their own relationship now that they are not distracted by raising their children. They may also talk about the future and how they envision it, and they may find that they see their future much differently than their spouse, leading to a divorce.
Additional financial complications
Because the parents are empty nesters, their divorce is simplified in some sense because they do not have to address child custody rights. But it can actually be more complicated financially.Older couples have more assets to split up, for example, and may have complicated assets like investments, real estate or businesses. On top of that, they have to think about retirement and how to split up savings, retirement plans, pensions or benefits earned through an employer.If you and your spouse are heading toward a divorce this year, it is very important that you understand your rights when it comes to property division. It can help to work with an experienced divorce attorney as you navigate this process.
]]>On Behalf of Gordon & Hess, PLC<![CDATA[Can prescription medication lead to a DWI charge? ]]>https://www.gordonhess.com/?p=484532026-05-19T19:38:23Z2026-05-19T19:38:23ZWhen most people think about DWI charges, they may picture alcohol or illegal drugs. Some drivers may be surprised, however, to learn that legally prescribed medications can also lead to serious allegations of impaired driving.
Prescription medications are often taken to improve a person's daily life or manage serious medical conditions. Unfortunately, certain medications can cause side effects that affect reaction time, coordination or judgment in ways a person may not expect.
Can prescription medication result in a DWI
A DWI charge is generally based on impairment, not on whether the substance involved was legal or illegal. Some prescription medications can affect the brain and body in ways that make driving unsafe, even when taken exactly as directed. Medications used for anxiety, sleep disorders or even allergies may cause drowsiness, dizziness or slowed reaction times. In some cases, these effects can be more pronounced when a person first starts a medication or when their body is still adjusting to it.In some situations, a driver may not even realize they are impaired. A new prescription, dosage adjustment or interaction between multiple medications can create unexpected side effects that develop gradually throughout the day. Even medications with warning labels may affect people differently depending on personal factors like age, weight and overall health. Someone may feel fully capable of driving while still experiencing subtle impairment that becomes noticeable during a traffic stop, a routine driving maneuver or after an accident occurs.Law enforcement officers look for signs such as confusion, delayed responses or unusual driving behavior. Chemical testing and field sobriety tests may also become part of the investigation. Because prescription medication cases may involve medical records, dosage questions and complex impairment issues, these situations are often more complicated than many people expect.A DWI charge involving prescription medication can have serious consequences, even when the medication was legally obtained and properly prescribed. Speaking with an experienced legal professional can help you better understand your options and protect your future.
]]>On Behalf of Gordon & Hess, PLC<![CDATA[An OWI could affect a divorce case]]>https://www.gordonhess.com/?p=484512026-05-02T23:45:15Z2026-05-07T23:43:57ZA conviction could affect custody arrangements
Michigan is a no-fault divorce state. Regardless of what inspires either spouse to file, the courts generally do not consider marital misconduct when deciding how to split marital property. However, criminal records can have a profound impact on the allocation of parental rights and responsibilities.
In some cases, an OWI may be indicative of an ongoing struggle with a substance abuse disorder. Judges may take that into consideration when deciding what terms are in the best interests of the children in the family.
An OWI conviction can reduce one spouse's credibility and make them seem less stable for the children. Especially if a parent has multiple convictions or a partially serious offense on their record, the courts may question their ability to meet their children’s needs.
In scenarios where the OWI involved the children as passengers in the vehicle, the impact of a conviction can be much more significant. Under Michigan statutes, operating a motor vehicle while under the influence of alcohol with children 16 or younger in the vehicle is a form of child endangerment. A child endangerment conviction is very likely to influence what a judge deems appropriate when dividing parenting time and legal authority.
Those concerned that a pending OWI charge could lead to custody complications may want to mount a vigorous defense. Those with prior convictions on their records may need help presenting their custody case to the courts in a manner that shows they can prioritize their children's safety and deserve a reasonable allocation of parenting time despite their prior conviction.
Working with a lawyer who is familiar with both Michigan OWI defense and family law proceedings can be beneficial for those concerned about how charges might affect their parental rights.]]>On Behalf of Gordon & Hess, PLC<![CDATA[Can your child choose to live with your ex?]]>https://www.gordonhess.com/?p=484522026-05-05T08:04:08Z2026-05-05T08:04:08ZAs you and your spouse move toward a divorce, you may find yourself worried about the time you are going to spend with your child. Maybe they have a closer relationship with your partner, or maybe they have even told you they would like to live with your ex after the divorce.
If you are in this situation, it is important to know that children can sometimes make requests during child custody proceedings. But this does not necessarily mean they can choose exactly where they live, as the court is still going to issue a custody order that is in the child’s best interests.
Age plays a role
One thing to consider at this time is your child’s age. Often, children who are teenagers have more say in their own custody situation. If you have a child who is a high school student, the court may take their request more seriously than if your child is in elementary school. Young children may not even be asked for their preference, and decisions will be made for them.On top of that, even if the court asks your child for their preference, that does not guarantee that they will set up a custody schedule that aligns with that request. The court will still consider what would be in that child’s best interests. This often means splitting custody between both parents so that you and your ex can maintain a relationship with that child moving forward.
Complex custody solutions
Parents often worry about their custody rights after a divorce, so you are certainly not alone in thinking about these issues in advance. When the situation becomes complex, make sure you understand your parental rights and the legal options you have to seek an appropriate solution.
]]>On Behalf of Gordon & Hess, PLC<![CDATA[Will I lose my license after an OWI in Michigan?]]>https://www.gordonhess.com/?p=484502026-05-02T23:42:31Z2026-05-02T23:42:31ZLicense suspension is a standard penalty
Officers typically retain the physical licenses of individuals arrested for OWI offenses. However, they provide a temporary driving permit to those who submit to chemical testing. The permit allows a motorist to operate a vehicle until the conclusion of their OWI criminal case. They cannot regain a standard license with a photograph until that time.
Refusal to submit to a chemical test has an immediate impact on driving privileges. An officer provides a Failure to Submit to a Chemical Test Notice instead of a permit. The driver then only has 14 days to contest the suspension of their license with the Secretary of State.
An attorney can object, allowing for a hearing regarding the violation of the implied consent law that requires submission to chemical testing after an arrest.
Those who prevail at the hearing can retain their license until the completion of their criminal trial. Those who lose during implied consent hearings may lose their driving privileges unless they appeal in Circuit Court to seek a restricted license. Even then, a restricted license is typically only an option for motorists who have no prior OWI convictions or implied consent violations on their record.
A conviction for a first OWI typically carries a mandatory license suspension that lasts 180 days. Factors, including the driver's blood alcohol concentration (BAC), influence the duration of the license suspension. The driver can often seek a restricted license to drive to work, school and other necessary functions after serving the first 30 days of the suspension. Those with BACs over 0.17% may face a 45-day mandatory suspension and 320 days with a restricted license.
A second OWI carries a minimum one-year license revocation, while a third offense can cost a driver their license for up to five years or the rest of their life if the third offense occurs within seven years of the first.
The support of an experienced criminal defense attorney from Gordon & Hess, PLC, can help West Michigan OWI defendants evaluate the case against them and explore strategies for minimizing the penalties imposed by the courts. A successful OWI defense can prevent a conviction and corresponding penalties, including a driver's license suspension.]]>