Parenting time bracket

Parenting time bracket By:  Daniel Findling (c) 2015 Most people are familiar with a sports bracket but what about a parenting time bracket?  A sports bracket often accompanies a tournament and is a tree diagram matching different teams in a tournament such as the NCAA basketball tournament. A parenting time bracket can be used to[…]

Changes in Macomb County divorce court

Changes at Macomb County divorce court Change is the law of life.  Judge Kathryn Vivano of the Macomb County divorce court is leaving the Macomb County Divorce court and she will be serving the Macomb County business court.  The Michigan Supreme Court in which her brother serves as a Supreme Court Justice, issued Administrative Order[…]

Custody in Michigan – Best interest of the child factor (b)

Custody in Michigan – Best interest of the child factor (b) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (b).  Best interest of the child factor (b) examines the capacity and disposition of the parties involved to[…]

Legal Separation

Legal Separation in Michigan

Legal Separation in Michigan by:  Daniel Findling Legal separation in Michigan is different than other states.   While some states require a period of legal separation before a couple can get divorced, Michigan does not. Legal separation in Michigan is technically called a Separate Maintenance Agreement.  While it only takes one person to get divorced in[…]

joint custody

Joint custody in Michigan – What does it mean?

Joint custody in Michigan – What does it mean? It seems everyone wants Joint custody in Michigan these days but what does Joint custody in Michigan law really mean? We find the answer to this question in Michigan Custody Statute, Michigan Compiled Laws Section 722.26(a)(7). Parenting time or Visitation and Joint Custody in Michigan Under the[…]

Best Interest Factors

Custody in Michigan – Best interest of the child factor (a)

Custody in Michigan – Best interest of the child factor (a) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (a).  Best interest of the child factor (a) examines the love, affection and other emotional ties existing between[…]

Birthday parenting time

Michigan parenting time and the child’s birthday

Michigan parenting time and the child’s birthday Parenting time in Michigan time governs the times and frequency parents spend with their children.  In a perfect world, parents get along and a parenting time order could read something like:  “The parents are awarded liberal and frequent parenting time”.  Since we do not live in a perfect[…]

Sue a Judge

Can you sue a Judge or the Friend of the Court? Judicial Immunity

Can you sue a Judge or the Friend of the Court?  Judicial Immunity – By: Daniel Findling (c) 2014 What if a Judge or the Friend of the Court makes a negligent or intentional error? Can you sue a Judge? Nope. Can you sue the Friend of the Court? Maybe. Why not? Because of a concept[…]

Divorce Statistics by County – Oakland County, Wayne County, Macomb County, Washtenaw County

Divorce Statistics by County 2013 Oakland County, Wayne County, Macomb County, Livingston County, Washtenaw County and Genesee County Divorce statistics by County:  Oakland County Divorce filings 6th circuit Divorce with Children       Divorce w/o children Beginning Pending     1,138                              […]

Michigan divorce

Michigan divorce and Michigan Custody law – equity

Law and Equity – Doing what is fair in Michigan divorce and Michigan custody cases. In Michigan divorce and Michigan custody cases, the judge sits in both law and equity.  Divorce and custody law is the written rules of law found in statutes, court rules and court cases.  Equity is best described as doing what[…]

Holiday parenting time

Holiday Parenting Time in Michigan

Holiday Parenting Time in Michigan The holidays can be overwhelming for families that are divorced or in the process of getting a divorce.  While the holidays are traditionally spent as one family, after divorce, the holidays are typically celebrated in two different households sharing similar (or different) traditions.  While many Michigan divorce and Michigan custody[…]

Kids and divorce

Child Custody in Michigan – Do not make it the kids fault.

Child Custody in Michigan – Do not make it the kids fault. A divorce or custody in Michigan case impacts more than the parents.  It impacts the children.  In times of change, it is important to protect children from a pending divorce or custody in Michigan case.  Parents should remember that a divorce or custody[…]

Engagement ring

Michigan divorce and engagement ring.

The case of the engagement ring and Michigan divorce.  Here are the facts: A man and woman were engaged in August of 1996, at which time the man gave his fiancé a custom designed engagement ring that he purchased for $19,500.00.  However, when the man asked the woman to sign a pre-nuptial agreement, the women[…]

Business value and divorce

Business valuation in a Michigan divorce

A business valuation in a Michigan divorce is important in making sure the division of the marital estate is fair. After all, if you do not know the value of an asset, any proposed division is just a guess.  Michigan divorce lawyers often employ an expert accountant to conduct a business valuation in a Michigan[…]

Attachment theory

Attachment theory and Custody in Michigan

Attachment theory describes the emotional bonds a child develops to other people and the impact the bonds have on development. Attachment theory in psychology originates from a London psychiatrist named John Bowlby and his treatment of emotionally abused children.  In 1958, Dr. Bowlby developed the notion that early separations of a child with their mother[…]

Reasonable parenting time in Michigan

Reasonable parenting time in Michigan. Michigan divorce and Michigan custody law provides that children have a right to a relationship with both parents.   This is sometimes accomplished with an award of liberal and reasonable parenting time in Michigan for the parents or a specific reasonable parenting time schedule. Absent an agreement by the parties, the[…]

Michigan child support

The relationship between custody and child support in Michigan

The relationship between custody and child support in Michigan Traditionally, the relationship between custody and child support in Michigan was intimate.  A change custody would result in a change in child support.  Many people still believe this to be the case.  However it is not.  Custody and child support have little in common because physical[…]

Can a child choose

Child Custody – Can a child decide who to live with?

Can a child decide where they want to live? Michigan child custody law is governed by Michigan Compiled Laws section 722.23 often called the best interest factors.  Factor (i) of the best interest factors provides that a court should consider the reasonable preference of the child, if the court considers the child to be of[…]

Attorney fees

Divorce attorney fees – Getting your spouse to pay

Divorce attorney fees – getting your spouse to pay.  By: Daniel Findling Divorce attorney fees – getting your spouse to pay. Quality representation is not always cheap.  A common question is can you get your spouse to pay for your divorce attorney fees?  The answer is yes. Michigan divorce law provides authority to request the[…]

Physical custody in Michigan

Physical custody in Michigan

Physical custody in Michigan:  By: Daniel Findling Physical custody in Michigan explained. Unlike legal custody, which awards a parent with access to the educational, medical, religious and other pertinent records of the child.  Physical custody in Michigan is not easily defined. The problem with defining Physical custody in Michigan arises from the current child custody[…]

no fault divorce

No fault divorce in Michigan

No fault divorce in Michigan By:  Daniel Findling No fault divorce in Michigan became effective on January 1, 1972.  The no fault divorce in Michigan statute is located in Michigan compiled laws section 552.6 and provides that a divorce may be filed upon the allegation that there is a “breakdown of the marriage relationship to[…]

Discovery

Interrogatories – Asking questions in a Michigan divorce

Interrogatories – Asking questions in a Michigan divorce By: Daniel Findling In preparing a divorce case in Michigan, your Michigan divorce attorney should conduct discovery on your behalf.  Discovery is the process by which lawyers obtain answers to questions under oath and subject to the penalty of perjury.   The three major types of discovery are[…]

The Selfless Divorce

The Selfless Divorce.  By:  Daniel Findling Divorce is sometimes described as a selfish act, especially when children are involved.  How many times have you heard or been a participant in a conversation like this: “Did you hear  ______ is getting a divorce . . . I feel so bad for the children . . .[…]

motion to change custody

Child custody laws in MI

The following guide is provided as an outline of child custody laws in MI.  Our Michigan divorce attorneys have provided the following guide to help you understand what every parent should know about child custody laws in MI.  When a child is involved in a divorce the energy often rises.  Parents have to deal with[…]

Discovery

Michigan divorce and domestic spying

Michigan divorce and domestic spying Is somebody watching me or am I just paranoid?  Michigan divorce and domestic spying.  By:  Daniel Findling In Michigan, fault can play a role in an alimony award, property division and even child custody cases.   Our Michigan divorce team has written several articles on the issue of fault: Michigan divorce[…]

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