The burden of proof is another way of saying: “How much you have to prove something”. If asked, most people know the burden of proof in a criminal case, which is ‘beyond a reasonable doubt’. Beyond a reasonable doubt is the universal common law rule which limits the governments power to convict someone of a[…]
Divorce is a challenging and emotional process, and navigating the legal system can feel overwhelming. For residents of Oakland County, Michigan, understanding the role of the Judges of Oakland County Divorce Court is essential to effectively managing this life-changing event. This blog post provides valuable insights into the Divorce Court judges of Oakland County, including[…]
Divorce is never easy, especially when children are involved. One of the most important aspects of post-divorce life is determining a parenting time schedule that works for everyone. Establishing a fair and effective schedule can reduce conflict and help children adjust to their new reality. In this blog, we’ll examine everything you need to know[…]
Divorce can be an emotional and stressful experience, and when the legal process is involved, it can quickly become overwhelming. For those going through a divorce in Michigan, it is crucial to understand how Michigan divorce laws work and what steps you need to take to protect your rights and ensure the process goes as[…]
Every couple of years the Michigan Child Support Formula manual is updated. In this blog we are going to review the list of major changes or the new child support laws for 2025. Deviation from the child support formula in 2025 The first new child support laws fo 2025 concern deviation from the formula. Simply[…]
Good communication can be a foundation to understand and address issues that may be of concern for parents with children going through a divorce. Sharing information regarding school work, doctor appointments and extracurricular activities can help foster and encourage a good parent child relationship with both parents. Unfortunately, good communication during divorce can be complicated[…]
Granting sole legal custody to a party is not very common, however there are facts and circumstances sufficient to do so. Unlike parenting time, which defines the frequency and duration each parent spends with a child, legal custody describes decision making authority. The law defining legal custody can be found in Michigan Compiled Laws, section[…]
“Ex Parte” is a latin phrase every law student learns in the first year of law school and literally means: “on one side only” or “by or for one party”. An ex parte order is a court order entered by only hearing one side of a case instead of both sides. Unlike an Order entered[…]
Divorce can be a highly stressfull exerience for parents and children alike. One of the most stressful issues is often the frequency and duration each parent spends with a child (parenting time). When parents agree on parenting time terms, this stress is often minimized. Parenting time in Michigan is governed by statute. Specifically, Michigan Compiled[…]
Parenting time defines the frequency and duration a parents spends with a child in the context of a divorce or child custody case. Regular parenting time provisions exclude holidays and school breaks and generall consists of a bi-weekly schedule. In certain circumstances, such as when a parent has an irregular work schedule or lives far[…]
Informatative videos on Michigan Custody Law will empower you!
Every child custody or parenting time case requires an examination of what is in the Best interest of the child which are 12 factors defined in Michigan Compiled Law section 722.23. In this article, we will explore sample questions that can be asked relating to each Best Interest of the child factor. Sample Best interest[…]
raditionally, Child custody came in two forms. Legal custody and physical custody. Legal custody is defined by statute (MCL 722.26a(7)(b)) and refers to the “decision making authority as to important decisions affecting the welfare of the child”. However, physical custody is not defined by statute.
On May 30th, 2024, the Michigan Court of Appeals agreed with Findling Law, PLC in finding the trial court made a “clear legal error on a major issue” in reversing the trial court’s ruling denying father parenting time with the minor child. In Corsetti v. Cohen, the parties entered into a consent order granting mother[…]
A child custody decision is always modifiable. After all, circumstances change and when they do, it may warrant a change. However, it is not easy to change custody in Michigan. In fact, there are legal barriers which must be met to avoid disruptions. The legal authority to modify custody in Michigan can be found in[…]
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[…]
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))
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[…]
MCL 552.19 provides the jurisdictional requirements to divorce in Michigan,
The Michigan divorce process may seem complicated, however, in this video we summarize the process in less than a minute. The Michigan Divorce Process Step 1: The first step in every divorce is to file a Complaint for Divorce. The Complaint for Divorce sets forth the statutory requirements to divorce in Michigan. These requirements include[…]
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.
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,[…]
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.
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[…]
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,[…]