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.
There are two paths in every divorce, the emotional path and the legal path. We trust that you understand how you feel. We help you understand the law.
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[…]
COVID-19 is responsible for a concerning increase in domestic violence as well as a depletion of resources available to those in need.
There are two common ex parte orders entered in a Michigan divorce case. The first is called a financial status quo order and the second is a restraining order regarding property transfer.
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[…]
M.C.L.A. 600.1420 provides: “The sittings of every court within this state shall be public. . .” Zoom hearings are private.
You should still exercise parenting time during the Shelter in Place Order if safe to do so. See: Section 7(b)(4) of Governor Whitmer’s Shelter in Place Order.
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[…]
Simply put, there is no limit as to how often child support can be modified in Michigan, provided there is a significant change of circumstance since the entry of the last child support order.
If you are involved in a divorce or custody matter in Oakland County Michigan than you need to know about the Oakland County Friend of the Court.Like the name implies, the Friend of the Court (“FOC”) assists the Oakland County Divorce and Family Court Judges. If an Oakland County divorce or Child custody or Child[…]
This video on changing custody in Michigan (custody modification) video webinar provides the most updated information on modifying child custody and an existing child custody order. We believe that knowledge is not only comforting but will put you in control of your situation which is why we created the Michigan Divorce Education Series and in[…]
The divorce laws in Michigan provide that a divorce will be granted upon a finding by the court that there has been a breakdown in the marriage. This language summarizes the no-fault divorce law that changes your legal status from married to divorced. The Divorce Laws in Michigan – No fault divorce. The no-fault divorce[…]
With over 21,000 views in just a few years we decided it was time to update another of our most popular webinars. The Michigan Divorce Steps (Michigan Divorce Process) video webinar provides the most updated information on the steps of a Michigan divorce. We believe that knowledge is not only comforting but will put you[…]
On December 17, 2019, the Michigan Court of Appeal issued an opinion in the case of Kristina Reslin Farris vs. Eric Daniel Farris. The case examines child custody laws of Michigan after the trial court awarded Kristina sole legal custody and sole physical custody of the parties’ two minor children. Eric had a history of[…]
With over 100,000 views, the Michigan Divorce Education Series provides information that matters to you most.
Most people will do anything for their children. Unfortunately, when a relationship is on the rocks child custody may become an issue. So, how do you get child custody in Michigan? We provide answers to this question and explore many of the nuances in Michigan child custody law. How to get child custody in Michigan[…]
If divorce has crossed your mind but you are not ready to file, you may want to consider legal separation. Deciding to stay or leave takes courage. Legal separation in Michigan can be as simple as a private agreement to separate to a legally enforceable document.
The grounds for divorce in Michigan are simple. One party must allege that there is a breakdown of the marriage, the objects of matrimony are destroyed and there is no likelihood that the marriage can be saved. The grounds for divorce is what makes Michigan a no-fault divorce state. As a no-fault state, some people[…]
You may be tempted to seek out a divorce attorney for men or women only. There are a lot of attorneys who market themselves as representing men in divorce only or woman in divorce only. The truth about Divorce Attorney for Men or Women The truth is, an experienced divorce attorney understands divorce regardless of[…]
Michigan common law marriage was abolished in 1957. Common law marriage is the recognition of a marriage without being officially married. Under Old English Common Law (and in many states) when a couple lives together and holds themselves out to friends and family as being married had the same effect as officially tying the knot.[…]
Adultery is the ultimate betrayal and the cause of many divorces it is also a crime. Adultery is defined in the Michigan Penal Code Section 750.29 which defines adultery as: 50.29 Adultery; definition.Sec. 29. Definition—Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person. Interesting enough, other sexual[…]
In part one of this series on prenuptial agreements (an agreement made by a couple before they marry concerning their assets and support should they divorce), we discussed the seminal case law on prenuptial agreements in Michigan.
Under most circumstances, a prenuptial agreement is enforceable under Michigan law. An exception exists if a spouse is left with nothing, in such an instant a court may invade the separate property of the other spouse.
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[…]