A Restraining Order is an order used to protect the parties property and finances in a divorce case. There are two types of restraining orders typically filed in every Michigan divorce. First, is a Restraining Order against property transfer and preservation of the marital estate. Second, is a Financial Status Quo Order.
The first step is a threshold question which asks, what has changed since the entry of the last court order under Vodvarka; The second step requires determining the existence of an established custodial environment and the burden of proof. The third step is to apply the best interest factors using the appropriate burden of proof.
Under MCL 552.507(4), if a party timely objects to a referee’s recommendation, the trial court “shall hold a de novo hearing.” The Michigan Court of Appeals further decided that a trial court cannot simply review the record created at the referee hearing, however the trial court can impose reasonable restrictions on duplicative evidence (e.g. only allowing new evidence).
You cannot file a child custody action in Michigan before a child is born because an unborn child is not a person, rather a potential life.
Visitation and parenting time mean exactly the same thing under Michigan law. The term visitation is old and more appropriate for visiting someone in prison than enjoying time with a child. Some time ago, in an effort to avoid marginalizing or insulting a parent, courts began replacing visitation with the term parenting time, a kinder[…]
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There are two legal restrictions on how far you can move after a divorce with a minor child. First, MCL 722.31(1) prohibits a parent from moving after divorce with a minor child to another home more than 100 miles (as the crow flies) from your current residence without court permission. However, MCL 722.31(2) provides that this restriction does not apply if a parent is awarded sole legal custody. Second, Michigan Court Rule 3.211(C)(1) prohibits a parent from moving outside of the State of Michigan without approval from the Judge who awarded custody.
Court’s will not rewrite an unambiguous agreement negotiated and signed (or placed on the record) by consenting adults absent, fraud or duress.
There are nine parenting time factors a court should consider when determining the frequency, duration and type of parenting time to be granted. The factors are set forth in MCL 722.27a(7)(a-i
Michigan child custody law can be complex but don’t worry. We make it easy to help you understand this area of the law with the Michigan Divorce Education Series of videos on custody.
A change in the established custodial environment occurs if parenting-time adjustments change whom the child naturally looks to for guidance, discipline, the necessities of life, and parental comfort.
In a divorce or custody case, a Michigan Court can award the dependency to either parent, even if contrary to the IRS rules.
A trial court can enter and order changing custody, however, before a court may consider modification, the party requesting the change must demonstrate proper cause or a change of circumstances since the entry of the last custody order.
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.
Although the threshold requirements to modify custody or a motion to modify parenting time go by the same names, proper cause or a change of circumstance to change custody or modify parenting time have different meanings.
There is a general perception that court’s are reluctant to change custody because it can create a lack of stability in a child’s life and the perception is true.
There are different types of alimony and spousal support payments. A trial court may award either periodic alimony / spousal support, or alimony / spousal support in gross. Periodic spousal support payments “are subject to any contingency, such as death or remarriage of a spouse . . . .” In contrast, spousal support in gross[…]
A determination of an established custodial environment is important because a court cannot enter an order for child custody (or modify an existing order) without first determining if an established custodial environment exists and the trial court must make clear findings on this issue before deciding custody.
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.
Do you love your spouse but at the same time realize you cannot be with each other? Many marriages are filled with disfunction in communication, sex, fidelity or how you spend money and no matter how much work you put into the marriage, your not sure you can make things workout. Divorce and separation are[…]
Fidelity is an obligation in almost every marriage vow. However, many marriages end because someone cheated. Which begs the question, can you contract a cheating penalty? It appears the answer is no.
On August 26, 2021, the Michigan Court of Appeals issued its opinion in the case of Shipley v. Shipley In this case, the father appeals the trial court’s order to modify custody and decided that there was proper cause to modify custody. The first step in modifying an existing child custody award is for the[…]
Adultery (when your spouse cheats is the ultimate betrayal in a marriage. In many circumstances a couple can find a way to move past the betrayal. However, in many situations, the damage is done and fixing the problem is not an option. When God gave Moses the 10 Commandments it is no surprise that one[…]
In this article, we cover the top 10 divorce myths. When it comes to Michigan divorce law, everyone has a story about a ‘friend’ who went through a divorce and (fill in the blank) happened. Further complicating matters are the countless television shows and tabloid articles regarding divorce. While gossip, television shows and tabloid articles[…]
Michigan Compiled Laws section 722.26a, requires parents to be advised of joint custody and the court must consider an award of joint custody at the request of either party.