Michigan Child Custody – Articles & Videos – Michigan divorce attorney
Michigan divorce laws come from three sources. First, Old English Common Divorce Law, which are the laws brought to the United States in 1776. Second, Statutory Divorce Law which are laws passed by our legislature and governer (which replaced most Old English Common Divorce Law, such as eliminating common law marriage) and; Third, laws created[…]
Both child custody and parenting time decisions involve an anaylis of the statutory 12 best interest factors set forth in Michigan Compliled Laws section 722.23. One of the best interest factors (factor g), examines the health of the parties. It makes sense to consider a parents health in deciding a child custody case. After all,[…]
On May 21, 2025, the Michigan Court of Appeals issued its opinion in a new child custody case. The case of Bishop vs. Taylor, a case which was originally decided by the Washtenaw County Circuit Court. The issue in this case was an order granting sole legal custody of the minor children to Ms. Bishop,[…]
On January 17, 2025, the Michigan Court of Appeals issued its opinion in the case of Lisa Jenson vs. Stephen Thiel. Stephen requested reversal of the trial court’s order awarding Lisa sole legal custody of the parties’ minor child and suspending parenting time for Stephen. The parties married in 2011 and had one minor child.[…]
The burden of proof is another way of saying: “How much you have to prove something”. If asked, most people know the burden of proof in a criminal case, which is ‘beyond a reasonable doubt’. Beyond a reasonable doubt is the universal common law rule which limits the governments power to convict someone of a[…]
Divorce is a challenging and emotional process, and navigating the legal system can feel overwhelming. For residents of Oakland County, Michigan, understanding the role of the Judges of Oakland County Divorce Court is essential to effectively managing this life-changing event. This blog post provides valuable insights into the Divorce Court judges of Oakland County, including[…]
Divorce can be an emotional and stressful experience, and when the legal process is involved, it can quickly become overwhelming. For those going through a divorce in Michigan, it is crucial to understand how Michigan divorce laws work and what steps you need to take to protect your rights and ensure the process goes as[…]
Every couple of years the Michigan Child Support Formula manual is updated. In this blog we are going to review the list of major changes or the new child support laws for 2025. Deviation from the child support formula in 2025 The first new child support laws fo 2025 concern deviation from the formula. Simply[…]
Granting sole legal custody to a party is not very common, however there are facts and circumstances sufficient to do so. Unlike parenting time, which defines the frequency and duration each parent spends with a child, legal custody describes decision making authority. The law defining legal custody can be found in Michigan Compiled Laws, section[…]
You made the decision your marriage is over and you want out. Michigan law does not require you to stay in the house during a divorce. You may want to avoid conflict or simply begin the process of moving on. However, you should consider the following before deciding to move out. First, there are financial[…]
Suppose a client comes into your office expressing buyer’s doubt, buyer’s remorse, regret, or simply that sinking feeling experienced a few hours or days after settlement. The client has changed his/her mind. Typically, the client is seeking a second opinion, having lost confidence in his/her lawyer. Most lawyers want to make their clients happy. However,[…]
What is really in a child’s best interest may surprise you.
Every child custody or parenting time case requires an examination of what is in the Best interest of the child which are 12 factors defined in Michigan Compiled Law section 722.23. In this article, we will explore sample questions that can be asked relating to each Best Interest of the child factor. Sample Best interest[…]
raditionally, Child custody came in two forms. Legal custody and physical custody. Legal custody is defined by statute (MCL 722.26a(7)(b)) and refers to the “decision making authority as to important decisions affecting the welfare of the child”. However, physical custody is not defined by statute.
The 2024 Judges of Macomb County come from a diverse background and family law experience. At Findling Law, we have the great privilege of appearing before all seven of the full-time family court (divorce court) Judges of Oakland County. These Judges are assigned cases involving divorce, custody, support and related family law matters. In this[…]
Privacy is not so private anymore. It was not too long ago that the best mechanism to spy on your spouse was to hire a private investigator to monitor your spouse to provide evidence of salacious conduct or confirm your suspicions. Boy have things changed! Spying on your spouse video (c) 2024 Findling Law. Spousal[…]
A child custody decision is always modifiable. After all, circumstances change and when they do, it may warrant a change. However, it is not easy to change custody in Michigan. In fact, there are legal barriers which must be met to avoid disruptions. The legal authority to modify custody in Michigan can be found in[…]
Happiness and “in love” are not always equal. You can remain in love with your spouse and remain unhappy in your marriage. Communication, trust and forgiveness may be cornerstones to a successful marriage, however, so is happiness. After all, everyone should have a right to be happy. If you are frustrated and thinking about divorce[…]
A child custody determination is defined by statute. Specifically the Uniform Child-Custody Jurisdiction and Enforcement Act found in MCL 722.1102(c). In many instances a parenting time case or other case is actually a custody case and custody law (vs. for example parenting time law) would apply. (c) “Child-custody determination” means a judgment, decree, or other[…]
Parenting time (visitation) defines the frequency and duration each party spends with their child. Under Michigan law, parenting time is governed by statute. Specifically, Michigan Compiled Laws 722.27a, which is more commonly known as the parenting time statute.
There are two types of custody. Legal custody, which describes how parents shall share decision-making authority MCL 722.27a and Physical custody describes physical care and supervision of a child. MCL 722.1102(n).
A request for a temporary custody order may be made at any time during the pendency of the case by filing a verified motion that sets forth facts sufficient to support the relief requested. (See: MCR 3.207(C))
On October 26, 2023, the Michigan Court of Appeals issued its opinion in the case of Josey vs. Hayes. An appeal filed by Ms. Hayes after the trial court found her in contempt of court for failing to abide by a parenting time order. Althought Ms. Hayes managed to win on appeal (the trial court[…]
In what appears to be a rush to judgment to protect a minor child’s mental health, the trial court in the Barretta case, changed custody without following the three steps to modify child custody.
On June 29, 2023, the Michigan Court of Appeals overturned an an award of sole physical custody and instructed the trial court to conduct further proceedings in the case of Bitar v. Baroody. In this case, the trial court granted the mother sole physical custody with the father having parenting time every other weekend. However,[…]