Michigan custody laws – the videos
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.
Category: Child Custody
Michigan Child Custody – Articles & Videos – Michigan divorce attorney
Parenting time modification and and the established custodial environment
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.
Dependency exemption and divorce
In a divorce or custody case, a Michigan Court can award the dependency to either parent, even if contrary to the IRS rules.
Parenting time agreement
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.
Motion to modify parenting time
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.
Change of custody – In three steps!
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.
Is there an established custodial environment?
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 most important best interest of the child factor.
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.
What exactly is joint custody in Michigan?
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.
Divorce in Oakland County
You may think that there is no difference in the divorce laws by County and you are right, sort of. Divorce law is uniform throughout the state, a divorce in Oakland County is different for a number of reasons.
What is a custodial parent in Michigan?
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.
Determining Income for support
Determining income for child support or alimony purposes in Michigan often requires looking beyond the tax returns. So what is considered income for support in Michigan? Income for support and the 2021 Michigan Child Support Formula Manual Chapter 2 of the 2021 Michigan Child Support Formula Manual is a good resource in how to determine[…]
The role of the custodial parent in Michigan Divorce.
The phrase custodial parent is not defined in Michigan divorce or custody law. However, the term has evolved to mean the parent that is awarded the majority of parenting time in a specific Michigan divorce or custody case. Michigan statutes and case law have defined two types of custody in Michigan. Legal custody and physical[…]
Proper cause or change of circumstances
There is a barrier to modification of custody, child support, spousal support (alimony) and parenting time. The barrier is proper cause or change of circumstances. In a prior article, we examined the seminal case on the subject, Vodvarka v. Grassmeyer which defines both proper cause and change of circumstances in the context of a child[…]
Can you move with kids now that you can work from anywhere?
In Michigan, several key legal provisions govern with respect to where you can live and move with your kids including Michigan Compiled Laws section 723.31(1). and Michigan Compiled Laws section 723.31(4)
The Michigan Divorce Education Series.
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.
Your Divorce Deposition – Think, don’t guess, don’t lie
A divorce deposition is a form of discovery. Discovery is the formal process by which you “discover” information relevant to the case. There are three forms of discovery in a Michigan divorce. First, Interrogatories (think to interrogate) which are written questions which must be answered under oath and subject to the felony of perjury. Second, a[…]
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.
Michigan Divorce Laws – Everything there is to know.
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.
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[…]
COVID-19: THE CONCERNING SURGE OF DOMESTIC VIOLENCE
COVID-19 is responsible for a concerning increase in domestic violence as well as a depletion of resources available to those in need.
Ex parte divorce status quo orders and restraining orders video
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.
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[…]
Are Zoom hearings in Michigan legal?
M.C.L.A. 600.1420 provides: “The sittings of every court within this state shall be public. . .” Zoom hearings are private.
How do you exercise parenting time during the Coronavirus outbreak?
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.