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.
Category: Child Custody
Michigan Child Custody – Articles & Videos – Michigan divorce attorney
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.
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[…]
How often can child support be modified?
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.
Oakland County Friend of the Court
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[…]
Changing custody in Michigan Video
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[…]
What are the divorce laws in Michigan?
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[…]
Michigan divorce steps video webinar
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[…]
Child Custody Laws in Michigan – The case of Farris v. Farris
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[…]