motion to change custody

Motion to change custody – Friend of the Court schooled!

On September 21, 2017, the Michigan Court of Appeals reviewed the case of Christopher Gucwa v. Maranda Lee.  Miranda asked the Court of Appeals to review the dismissal of her Motion to change custody. A Motion is a term of art used in the legal profession to ask the court to do something and Miranda[…]

move on

Losing the Emotional Baggage So You Can Move on with Your Life

Regardless of whether you think that your life was better or worse before your divorce, you’re still left with a lingering set of emotions as you maneuver your way through the process. These emotions – this baggage – can be holding you back from finding happiness again. Consider how losing the emotional baggage can help[…]

joint legal custody

Michigan mom facing jail time for not vaccinating her son.

In a recent report by ABC news, Rebecca Bredow indicated that she would “absolutely” rather go to jail than vaccinate her son.  Her former husband, on the other hand wants to follow a regular vaccination schedule and she is refusing to do so. The American Academy of Pediatrics consider vaccinations safe, effective and the most[…]

change child custody

A soldier’s request to change child custody in Michigan.

On August 22, 2017, the Michigan Court of Appeals in the case of Roe v. Roe upheld the trial court’s decision to change child custody from the mother to the father. In the Roe case, the parties married in 2006, separated in 2010, and divorced in 2014.  The father is a soldier in the United[…]

child custody

Child custody hearing – sometimes you have to have one.

When a trial court is faced with a request to change child custody, it must first make a determination if there is proper cause or a change of circumstances since the last child custody order.  If a court determines that there is proper cause or a change of circumstances then the trial court must conduct[…]

legal residence

Changing legal residence and the Michigan Child Custody Act.

Imagine getting divorced and learning you finally got that promotion.  However, the promotion requires you to change your legal residence to California?   Maybe the shoe is on the other foot.  What if you just got divorced only to learn your ex wants to move to California? There is nothing illegal about changing legal residence.  In[…]

big mistake

We made a “BIG” mistake in the Judgment of Divorce.

What happens when you make a mistake in a Judgment of Divorce?  The answer is it depends.  If both parties agree, a mistake is easily corrected.  However, if the mistake favors one party, it is not always easy. In the case of Amante v. Amante, Mich App. Case No. 331542, the parties entered into a[…]

Best interest of the child

Best interest of the child – The case of a stripper and the National Guard.

With a population of 21,000 people, Marquette Michigan may be considered a small town, however for the parties in Lessard v. Londo, Michigan Court of Appeals Docket No. 336156, the small town was home to a big problem involving the best interest of the child, age 16 months. Mr. Lessard met Ms. Londo on the[…]

Grandparent time

Grandparent time when both parents say NO.

On June 13, 2017, the Michigan Court of appeals issued a published opinion on Grandparent time.  In the case of Geering v. King et. al., Mich. App. No. 335794, the trial court made a determination that the biological parents were unfit and that grandparent time was in the children’s best interest notwithstanding the biological parent’s[…]

Counselors

Counselors, Social Workers, and Psychologists: Which is right for your child?

Divorce can be a difficult experience, especially for kids. This can be a time when your child is truly struggling – with academics, personal relationships, or managing emotions and behaviors. A little extra help in dealing with this new situation can make all the difference. But, who do you turn to? Counselors, social workers, psychologists[…]

first responders divorce

First Responders divorce – a high risk profession

First Responders: At Risk for Divorce First Responders are individuals who are first on the scene of an accident or disaster, such as firefighters, police officers, or other law or medical personnel.  It’s no wonder why this unique category of professionals are considered to be at higher risk for troubled marriages and divorce. First Responders[…]

Change of circumstances

Brush and floss or prepare for loss – a change of circumstances?

The Michigan Court of Appeals recently decided a case involving dental hygiene to change custody, affirming the trial court’s decision that there was neither proper cause or a change of circumstances sufficient to warrant a change of custody. In the case of Kelly v. Johnson, Michigan Court of Appeals Case No. 334144, the father was[…]

Michigan divorce

Common Red Flags That Can Signal a Marriage Breakdown

People often say that they should have seen the signs of a deteriorating marriage sooner. It’s hard to notice subtle changes in everyday behavior, though, but you might notice persistent behaviors that just don’t quite add up. We combed many sources and found several recurring themes on this topic. Here are a few common red[…]

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The 2017 Michigan Child Support Formula Manual and Supplement

The 2017 Michigan Child Support Formula Manual (“MCSFM”) The new Michigan Child Support Formula Manual has arrived. The last time the Michigan Child Support Formula Manual was updated was 2013. The major changes to the 2017 Michigan Child Support Formula Manual are set forth on pages “i” and “ii” and are restated below.  You can[…]

Child custody laws in Michigan

Everything there is to know about Michigan Child Custody Laws.

On of the most prolific family law topics relates to child custody and in this article, we will cover more Michigan Child Custody Laws than anyone.  Everything from the basics, to the complex.  In this post we will review everything we have published on the topic of Michigan Child Custody Laws. Michigan child custody resource[…]

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5 Tips for Introducing Your New Partner to Your Kids

After you and your spouse have separated, divorced, or found yourselves somewhere in between, you might find yourself in the position of finding a new love interest. And, if you already have kids, you might be wondering when the right time will be to share the news about your new partner with your kids. According[…]

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When is a deal a deal?

When is a deal a deal?  Settlements. I was recently approached by the editors of the Michigan Family Law Journal to write a monthly column on Michigan Divorce and Family Law.  The Michigan Family Law Journal is a publication of the State Bar of Michigan Family Law Section and serves as “Family Law Council’s forum to[…]

Parallel Parenting

Parallel Parenting: When You Just Can’t Co-Anything Anymore

You’ve probably heard of co-parenting, a term used to describe the situation in which a child’s parents are no longer married or living together. These parents are no longer together as a couple, but they work together to parent the child. But, what happens when the conflict between the parents is really high? They really[…]

Parenting Guilt

Feel Like a Parenting Failure After Divorce? Parenting guilt? You’re Not Alone

It’s called parenting guilt, and all parents feel it at one time or another. In fact, the best of parents in the most secure relationships with excellent financial and emotional security can feel it. So, if you’re in the process of divorce or are newly divorced, it’s not unusual to feel like a parenting failure.[…]

Change of Circumstances

When Circumstances Change – Michigan Family Law Journal

When Circumstances Change I was recently approached by the editors of the Michigan Family Law Journal to write a monthly coulmn on Michigan Divorce and Family Law.  The Michigan Family Law Journal is a publication of the State Bar of Michigan Family Law Section and serves as “Family Law Council’s forum to share ideas; review, evaluate,[…]

Custody in Michigan

Physical Custody in Michigan explained again.

On topic that seems to come up more than any is the notion of physical custody.  Unlike legal custody, which awards a parent with access to the educational, medical, religious and other pertinent records of the child.  Physical custody in Michigan is not easily defined. In fact, the Michigan Child Custody Statute MCL 722.26a does not[…]

Michigan custody modification

Michigan custody modification

The Brady Bunch got it right when they sang the once well-known verse of their hit single: “When it’s time to change, you’ve got to rearrange.”  However, in custody cases, change does not always come easy. In fact, Michigan custody modification law makes it difficult to “rearrange” custody if the change is really big.  By[…]

Emotional Divorce

The artist, the engineer and the emotional divorce

The artist, the engineer and the emotional divorce. When I was in law school, a comment by my Constitutional law professor, Robert Sedler, remains imprinted in my mind.  Professor Sedler commented something along the lines of: “the problems with stereotypes is that they are usually true.”  When I first heard this, I disregarded it as[…]

Holiday parenting time

6 Tips for Surviving the Holiday Custody Schedule

Resolving your holiday visitation and custody schedule is yet another element of separation and divorce that needs to be settled, and survived. In a recent article, we explained how holiday visitation is resolved in Michigan. The holiday custody schedule might end up being very different from what you were expecting. How can you cope when[…]

Oakland County divorce help

Where to find divorce help in Oakland County

This article on where to find divorce help in Oakland County was inspired by the Oakland County Friend of the Court handout with the same title and I felt sharing it worth sharing with our audience. Divorce help in Oakland County at Findling Law While I recognize I may be stating the obvious, you can[…]

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