Custody in Michigan

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.

Child Custody in Michigan

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.

Parenting Time

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.

Parenting Time

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.

Custody in Michigan
Established custodial environment

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.

Best Interest Factor

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.

Custody in Michigan

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.

Oakland County Divorce

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.

Custody in Michigan

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.

statute of limitations

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[…]

Custody in Michigan

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[…]

Custody in Michigan

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[…]

move on

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)

Michigan divorce process

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.

Divorce Trial

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[…]

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.

Divorce process in Michigan
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[…]

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[…]

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parenting time
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