Michigan Child Custody – Articles & Videos – Michigan divorce attorney
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).
You cannot file a child custody action in Michigan before a child is born because an unborn child is not a person, rather a potential life.
Visitation and parenting time mean exactly the same thing under Michigan law. The term visitation is old and more appropriate for visiting someone in prison than enjoying time with a child. Some time ago, in an effort to avoid marginalizing or insulting a parent, courts began replacing visitation with the term parenting time, a kinder[…]
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There are two legal restrictions on how far you can move after a divorce with a minor child. First, MCL 722.31(1) prohibits a parent from moving after divorce with a minor child to another home more than 100 miles (as the crow flies) from your current residence without court permission. However, MCL 722.31(2) provides that this restriction does not apply if a parent is awarded sole legal custody. Second, Michigan Court Rule 3.211(C)(1) prohibits a parent from moving outside of the State of Michigan without approval from the Judge who awarded custody.
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.
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.
In a divorce or custody case, a Michigan Court can award the dependency to either parent, even if contrary to the IRS rules.
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.
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.
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.
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 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.
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.
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.
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 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 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[…]
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[…]
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)
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.
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[…]
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.
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.
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[…]