Most divorce and custody cases include an award of joint legal custody. As a joint legal custodian, both parents share equally in major decisions involving a minor child and one of those major decisions is the choice of school a child should attend. If a dispute arises, here are the nitty gritty details on choice[…]
Choice of School – Changing school in a Michigan Divorce or custody case. By: Daniel Findling (c) 2015 TheDivorceGuy.com Almost every parent wants the best education for their child. In most Michigan divorce and custody cases, parties are awarded joint legal custody, As joint legal custodians, parents must jointly make decisions regarding the educational upbringing of their child.[…]
The seminal case on choice of school issues is Pierron v. Pierron and we have you covered with the nitty gritty details on how the process works.
There are two types of custody. Legal custody, which describes how parents shall share decision-making authority MCL 722.27a and Physical custody describes physical care and supervision of a child. MCL 722.1102(n).
MCL 722.27a(2): If the parents of a child agree on parenting time terms, the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child.
The willingness and ability of each of the parties to encourage a continuing parent-child relationship with the other parent is the most important best interest of the child factor.
In Michigan, a custodial parent is the the parent with whom a child spends the majority of overnights with during the course of a year. This definition is similar to that used by the Internal Revenue Service when determining dependent status for tax purposes.
In 2012, we envisioned a divorce video education series which evolved into the The Michigan Divorce Education Series by Findling Law. The idea was to provide quality information (more than just the basics with case law and statutory support) on Michigan Divorce, Custody, Alimony and support.
Michigan Custody Law can be broken down into three steps. First, (in modification cases), you must address proper cause or change of circumstances. Second, you must address an established custodial environment. Third, you must address the best interest of the child factors.
Sometimes “forever or worse” becomes “get out of the house”. Other times you want to move out of the house? Why move out? When staying together is not an absolute must, you might consider moving out of the house. There are many reasons why you may want to move out of the house. Moving[…]
In almost every Michigan divorce the topic of moving out of the house must be addressed. Moving is tough especially when going through a divorce. Every Michigan divorce has an emotional component and the decision to move out of the home is not without emotional considerations. After all, you worked hard on making your home[…]
You learn some big words in law school. Take for example the law school phrase, res ipsa loquitur, which is a legal principle that an occurrence of an accident implies negligence or escheat, which involves the forfeiture of property. While the phrase best interest of a child seems simple enough, applying the concept of what is[…]
It is easy to get lost in the trees when you should be focusing on the forest. However, we recognize that some people like the nitty gritty details. This page is dedicated to those people. Over the years we have published dozens of articles on Michigan child custody laws addressing both general and highly specific[…]
The best interest of the child factors are 12 factors defined by the legislature that the court must consider when deciding cases involving child custody, parenting time, choice of school and guardianship cases. We invite you to explore our knowledge base. Best Interest of the Child Resources We provide exceptional representation and can help you[…]
Child custody in Michigan is a complex subject. But don’t worry, we have got you covered from the basics to the details. Proper planning can help you navigate a custody in Michigan case. We invite you to explore our knowledge base. Custody Resources We provide exceptional representation and can help you manage your situation. For[…]
Michigan Divorce Education Series Moving with children: This video Webinar is a comprehensive explanation of Michigan law and strategy covering changing domicile (moving with your minor children). Key learning’s and strategies are discussed. I am hopeful you find it both empowering and educational. (run time – approx. 6 minutes) Michigan divorce law does not prohibit[…]
Changing domicile: Domicile explained! Michigan divorce law does not prohibit a parent from travelling with your children. You can even travel outside of the United States, provided the Country you are visiting has a treaty with the United States (most do under the Hague convention). While a vacation away from home with your kids is[…]
Michigan Divorce Education Series Michigan child custody, child support and parenting time: This video Webinar is a comprehensive explanation of Michigan law and strategy covering child custody, child support, and parenting time. Key learnings and strategies are discussed. I am hopeful you find it both empowering and educational. A summary of the topics covered is[…]
Common sense suggests that it is important to ask the right questions before making the decision to divorce. One of those questions might involve Legal Separation. Legal Separation Agreements vary in scope and enforceability. One type of Legal Separation Agreement is simply a private agreement between parties to live separately. There are no formal court[…]
The Ghost of a Lawyer Future – A letter to the Newly Minted Attorney Kristina Bilowus, is an associate attorney at Findling Law and adjunct professor at Western Michigan University Cooley Law School. Kristina had the honor of being published in the November 2017 Michigan Bar Journal, a publication by the State Bar of Michigan.[…]
Moving forward with your life is so hard when your marriage is ending. It can be really hard to stay focused and get anything done at home, work, or school. There are some little things that you can do to regain some of that focus and stay productive when you just want to curl up[…]
So much has gone on in your life since your divorce process began, and there just isn’t a single corner of it that hasn’t been turned upside down. For your child, multiply this by a hundred. You have always been there for your child where school is concerned, and you will be now as well.[…]
When you’re going through a divorce, there is a lot to think about. When children are involved, they can be one of the biggest sources of both comfort and worry during this major life change. Whether you get along with your spouse or not, it can be very tricky to figure out the best living[…]
We talk about the mechanics and strategies of divorce a lot in our blog, as you would expect. But, it’s important to also take a wider look at the effects on kids that your divorce – or decision not to divorce- may have. Staying Together may have negative effects on kids You may have been[…]