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.
Category: custody
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,[…]
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.
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[…]
Michigan Child Custody Video Library.
For over 10 years we have been writing articles on Michigan child custody and in this blog post we reflect back on over 70 articles and videos on this important topic on Michigan divorce and custody law. Child Custody Videos In Michigan, Child custody refers to the legal and practical arrangement regarding the care, control,[…]
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).
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[…]
Imputation of income for child support
When a parent is voluntarily unemployed or underemployed, or has an unexercised ability to earn, the Michigan Child Support Formula Manual allows a court to include the potential income that parent could earn as income for support purposes (MCSFM 2.01(G)).
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.
Custody – when the trial court gets it wrong.
A trial court must follow certain steps when making a child custody determination and when the trial court fails to do so, it is the basis for an appeal.
What is a De Novo hearing
After the Friend of the Court makes a recommendation, either party may request a de novo hearing or a hearing “from the beginning” with the trial court judge. This right is codified in Michigan Compiled Laws section 552.507(4).
The decision to divorce
Divorce is the legal dissolution of a marriage. It is a complex and often emotional process that can have far-reaching effects on individuals and their families. The decision to divorce is never easy and it is often the result of long-standing issues within a marriage. Some common reasons for seeking a divorce include infidelity, financial[…]
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[…]
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.
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.
Can you file for custody before a child is born?
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.
Custody and parenting time law videos
Our child custody and parenting time videos have been viewed tens of thousands of times and we just added a new video.
Warning – Before you settle your divorce. A deal is a deal.
Court’s will not rewrite an unambiguous agreement negotiated and signed (or placed on the record) by consenting adults absent, fraud or duress.
Michigan custody laws – the videos
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.
Parenting time modification and and the established custodial environment
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.
Dependency exemption and divorce
In a divorce or custody case, a Michigan Court can award the dependency to either parent, even if contrary to the IRS rules.
Changing custody
A trial court can enter and order changing custody, however, before a court may consider modification, the party requesting the change must demonstrate proper cause or a change of circumstances since the entry of the last custody order.
Parenting time agreement
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.
Motion to modify parenting time
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.
Change of custody – In three steps!
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.