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

Proper cause to modify custody

On August 26, 2021, the Michigan Court of Appeals issued its opinion in the case of Shipley v. Shipley In this case, the father appeals the trial court’s order to modify custody and decided that there was proper cause to modify custody. The first step in modifying an existing child custody award is for the[…]

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.

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Relief from a Judgment of divorce

When property is divided in a Judgment of Divorce is typically final and non-modifiable. However, a party can petition the court for relief from a Judgment of Divorce under MCR 2.612 in certain instances.

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.

Child Support

Michigan Child Support Formula Manual 2021 – Change is here!

The Michigan Child Support Formula Manual an the Michigan Child Support Formula Supplement were updated. The new guidelines are effective January 1, 2021. The 2021 Michigan Child Support Formula Manual provides the formula utilized by Michigan Court’s to determine a child support obligation. With very limited exceptions Michigan Court’s may not deviate from the formula.[…]

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.

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[…]

Child Custody in Michigan

Michigan divorce law and change of circumstances.

In Michigan a change of circumstances is required to modify custody, child support, spousal support or parenting time. One of the most common questions asked to practitioners in family law cases involves modification of custody, child support, spousal support or parenting time in circumstances when the client perceives the result as unfair. In addressing the[…]

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.

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
School Choice
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[…]

Parenting Time

When can a court suspend parenting time?

Prior to suspending parenting time of a party, the trial court must hold an evidentiary hearing and find by clear and convincing evidence that continuation of parenting time would endanger the child’s physical, mental, or emotional health. Rozek v Rozek, 203 Mich App 193, 194-195; 511 NW2d 693 (1993).

first to file divorce

Is it important to be the first to file for divorce? It may be.

If your relationship is on the rocks you may wonder if it is important to be the first to file for divorce? Is it important to be the first to file for divorce? Every divorce has an emotional and legal component. The legal component involves the division of assets, liabilities, support and concerns regarding the[…]

parenting time

Summer parenting time with Covid. How to parent?

With Memorial Day in our rear-view mirror, we look forward to summer. Sunny days. Lemonade stands. Pool toys. Boats. Games of capture the flag. Ice cream trucks. Sleep-away camp. These are just some of the many things we associate with the summer months in the great State of Michigan. Unfortunately, we are entering summer during[…]

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[…]

Zoom hearing
Support modification

Laid off or fired because of COVID-19? The time to modify support is now.

If your income has been reduced because of the economic effect of the COVID-19 outbreak, Governor Whitmers’ Executive Order 2020-21 (COVID-19), and an alimony or child support order is in effect, the time to modify support is now. There is no retro-active modification of alimony or child support. Time is of the essence to modify support.[…]

parenting time
Child Custody

Michigan Child Custody Act Appeal – O’brien vs. D’Annunzio

On February 27, 2020, a Michigan child custody act appeal was decided by the Court of Appeals in the case, entitled O’brien, Jr., v. D’Annunizio. In the O’brien case, the mother mother appealed the trial court’s order granting the father sole legal and physical custody of the parties’ twin children. Michigan Child Custody Act Appeal[…]

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