Can a child decide who to live with in a Michigan custody case?

The short answer is no, however, under Michigan law in every Michigan custody case a child has a right to be heard and the court must consider the child’s preference in awarding custody and parenting time. In every Michigan parenting time or child custody case the trial court is required to consider the statutory best[…]

Custody when mother interferes with everything

On August 13, 2020, the Michigan Court of Appeals issued an opinion in a child custody awarding the father custody after determining that the mother interferes with everything. The case of Osborne v. Osborne arises out of a tumultuous divorce and child custody dispute. The parties had two children and divorced in 2019. The divorce[…]

alimony in Michigan

How much social security does an ex spouse get?

The ex spouse of a worker covered by social security may qualify for a benefit equal to 50 percent of the insured worker’s primary insurance amount while the worker is living and 100 percent of the insured worker’s primary insurance amount after the insured workers death. See: 42 USC 402(b)(2),(c)(2),(e)(2)(a), (f)(3)(A). The benefits paid to[…]

Custody in Michigan

Understanding Michigan custody law.

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.

annulment

How to get an Annulment in Michigan.

An annulment, is a judicial determination that the marriage did not occur. A divorce is the changing of the legal status by a court from married to unmarried. The grounds for an annulment in Michigan. The grounds recognized for an annulment in Michigan are: Bigamy (married to more than one person); A marriage to a[…]

Divorce process in Michigan
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Oakland County Divorce

The 2020 Judges of Oakland County Divorce Court

Oakland County Circuit Court – Family Division:  At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan.  One of these courts is the Oakland County Circuit Court.   The Oakland County Circuit Court – Family Division is simply known as the Oakland County Divorce Court. The Oakland[…]

Parenting Time

When can a court suspend parenting time?

Prior to suspending parenting time of a party, the trial court must hold an evidentiary hearing and find by clear and convincing evidence that continuation of parenting time would endanger the child’s physical, mental, or emotional health. Rozek v Rozek, 203 Mich App 193, 194-195; 511 NW2d 693 (1993).

first to file divorce

Is it important to be the first to file for divorce? It may be.

If your relationship is on the rocks you may wonder if it is important to be the first to file for divorce? Is it important to be the first to file for divorce? Every divorce has an emotional and legal component. The legal component involves the division of assets, liabilities, support and concerns regarding the[…]

parenting time

Summer parenting time with Covid. How to parent?

With Memorial Day in our rear-view mirror, we look forward to summer. Sunny days. Lemonade stands. Pool toys. Boats. Games of capture the flag. Ice cream trucks. Sleep-away camp. These are just some of the many things we associate with the summer months in the great State of Michigan. Unfortunately, we are entering summer during[…]

Alimony in Michigan
Collaborative Divorce

COVID-19, The Financial Markets, Black Swan and Divorce

What is a “Black Swan” event and why do financial and news outlets from Forbes to Yahoo and CNN to the Wall Street Journal keep using this mystifying term? Black swan events generally are unpredictable events far beyond what is typically expected and have potentially severe and catastrophic consequences. While some leading epidemiologists and public[…]

Michigan Divorce

Can a court force you to stay in business with your ex?

There is an old adage in Michigan Divorce and Family Law cases. “You do not want your ex as a business partner”. However, in a recent Houghton Circuit Court case, that is exactly what the trial court ordered. On Appeal, the Michigan Court of Appeals address the issue if a divorce court can force you[…]

alimony in Michigan

The CARES stimulus in a Michigan divorce – who gets the money?

As you are almost certainly aware, President Trump signed the CARES act on Friday, March 27, 2020. This act provides that individuals with an income lower than $75,000.00 and couples filing joint tax returns with incomes lower than $150,000.00 total are entitled to a “stimulus credit” in the amount of $1,200.00 and $2,400.00 respectively. Additionally,[…]

Domestic violence
Michigan Divorce
Custody in Michigan

Child Custody Jurisdiction

On March 12, 2020, the Michigan Court of Appeals issued its opinion in the case of Negron vs. Watts.  In this Michigan custody action, the mother argued on appeal that the court lacked child custody jurisdiction to decide the case. Therefore, the final custody and parenting time order granting father sole legal and physical custody[…]

Zoom hearing
Support modification

Laid off or fired because of COVID-19? The time to modify support is now.

If your income has been reduced because of the economic effect of the COVID-19 outbreak, Governor Whitmers’ Executive Order 2020-21 (COVID-19), and an alimony or child support order is in effect, the time to modify support is now. There is no retro-active modification of alimony or child support. Time is of the essence to modify support.[…]

parenting time
Child Custody

Michigan Child Custody Act Appeal – O’brien vs. D’Annunzio

On February 27, 2020, a Michigan child custody act appeal was decided by the Court of Appeals in the case, entitled O’brien, Jr., v. D’Annunizio. In the O’brien case, the mother mother appealed the trial court’s order granting the father sole legal and physical custody of the parties’ twin children. Michigan Child Custody Act Appeal[…]

Michigan Divorce

Michigan divorce and family law firm remains open during COVID-19.

Findling law, your Michigan divorce and family law firm remains open for business during the COVID-19 pandemic. We can meet by phone, video teleconference and in person. As one of Michigan’s best divorce and family law firms, we recognize that problems need to be solved even during national emergencies.  We have also produced comprehensive video[…]

Separate property

How to divide property in divorce video.

This How to divide property in divorce video provides a detailed explanation of property division and Michigan divorce law in an easy to understand format. Under Michigan law, property consists of both assets and liabilities. The core focus to divide in divorce is on property (assets and liabilities) acquired during the course of the marriage.[…]

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