Michigan Divorce

Frustrated and thinking about divorce?

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[…]

Custody

A child custody determination?

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

An introduction to parenting time

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.

Custody in Michigan

An introduction to custody

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).

Custody in Michigan

Temporary custody orders

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))

Parenting Time

How to enforce parenting time (or any order).

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[…]

Custody in Michigan

Child Custody Modification. Trial Court reversed.

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.

Custody in Michigan

Custody award overturned on appeal

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,[…]

Custody in Michigan

Can you agree on Custody?

While agreements on custody are usually “rubber stamped” and approved by the court, the court must make an independent determination that the agreement is in the best interest of the minor child. However, you can agree on parenting time.

blank

Divorce in Michigan – Everything you need to know

Marriage struggles are real and sometimes things just don’t work out the way you plan. If your unhappy and are considering a divorce in Michigan, here is everything you need to know. Sometimes things don’t get better. However, the proverb “knowledge is power” can help you take control of your situation with a fresh start[…]

custody

The Different Types of Custody.

In sum, although court’s have created two types of custody (Physical and Legal), however, there is really only one type of custody that has two parts (The frequency of parenting time (MCL 722.26a(7)(a)) and decision making authority (MCL 722.26a(b)(b).

discovery

Discovery. The process of finding assets in divorce.

It is imperative to understand the nature and extent of the marital estate before reaching a property settlement in divorce. In a Michigan divorce case, the formal process of finding assets is called discovery. After all, you cannot negotiate a good deal until you have an understanding about what there is to divide and the[…]

custody

The effects of divorce on children

The science behind the effects of divorce on children in sound. Although each family is unique, divorce has been shown to have a negative impact on a child. However, research supports the notion that the impact of staying in an unhealthy marriage can be worse, as a child learns that it is ok to be[…]

Divorce process

The Early Intervention Conference in Oakland County

The Oakland County Friend of the Court (FOC) consists of a group of attorneys, counselors and support staff which assist the court in cases involving minor children or support by providing a formal (or informal) dispute resolution service including custody and support valuations. Another important function of the FOC is to conduct an Early Intervention[…]

Custody modification

Child Custody – a case of proper cause.

On January 26, 2023, the Michigan Court of Appeals issued its opinion in the highly contentious case of Hawes v. Cromie, the unmarried parents of a 13 year old son. For more than ten years, the child’s parents have litigated over every aspect resulting in the court noting that: Throughout the last decade, the parents’[…]

Changing custody

How a court prevents you from changing custody

Suppose you are involved in a contested child custody battle and lose. Why can’t you simply refile the case and try again? The answer is provided in the seminal case of Vodvarka v. Grassmeyer. In Vodvarka, the Michigan Court of Appeals created a barrier to changing custody in order to avoid repeated custody evaluations.

Parenting Time

Supervised parenting time

On October 20, 2022, the Michigan Court of Appeals issued its opinion in the case of Krieg v. Krieg after the trial court changed primary custody of the parties minor child to the mother and addressing the issue of supervised parenting time. The parties married in July 2014. Shortly after the parties married, father began[…]

Friend of the Court

The power of the Friend of the Court

Simply put, the power of the Friend of the Court is limited to making recommendations for the trial court to review. However, if no objections to a Friend of the Court recommendation are made, the Friend of the Court Recommendation will become an Order of the Court.

custody modification

Changing legal custody for a sick child

There is a three step process to change legal custody. First, a showing of proper cause or change of circumstances since the entry of the last order. Second, the established custodial environment determines the burden of proof and; Third a best interest of the child analysis.

Custody in Michigan

Child custody laws in Michigan

Michigan child custody laws provide a two-step process for determining child custody. The first step determines the existence of an establish custodial environment which determines the burden of proof required. The second step examines the best interest of the child factors which must be examined by the court applying the applicable burden of proof.

Custody in Michigan

Child custody steps

The first step is a threshold question which asks, what has changed since the entry of the last court order under Vodvarka; The second step requires determining the existence of an established custodial environment and the burden of proof. The third step is to apply the best interest factors using the appropriate burden of proof.

Objection to Friend of the Court

I object to the Friend of the Court Recommendation.

Under MCL 552.507(4), if a party timely objects to a referee’s recommendation, the trial court “shall hold a de novo hearing.” The Michigan Court of Appeals further decided that a trial court cannot simply review the record created at the referee hearing, however the trial court can impose reasonable restrictions on duplicative evidence (e.g. only allowing new evidence).

custody
Call Now Button