When a soon to be ex has a newborn child a Michigan divorce or Michigan child custody case can become more complicated, especially when the mother is breastfeeding. Breastfeeding and the Tender Years doctrine The Tender Years Doctrine is a legal principle from old English Common Law. The doctrine presumed that a child’s “tender years”[…]
For many, divorce is very personal and individualized. Every party has his or her own story. And, each person should have the right to share that story. One of the challenges presented in family law, is to share an individual’s story while framing it in legal context. What do I mean? Read on. The individual’s[…]
In the recent case of Medford v. Verkade, the trial court entered an opinion and order awarding full legal and primary physical custody of the parties’ minor child to the father (Mr. Medford). The trial court also awarded limited parenting time to the mother. Specifically, every other weekend, three nonconsecutive weeks per year, and certain holidays.[…]
Generally speaking, family law is notorious for high-conflict with emotions running high. Some cases involve thousands of dollars being spent purely out of spite or “principle.” When children are involved, parents sometimes put them in the middle of the dispute and exercise them as leverage. In short, some cases are incredibly difficult – both emotionally[…]
Note: This article on gun violence was co-authored by Kristina Bilowus of Findling Law, PLC. Kristina’s article was accepted for publication in the April 2018 State Bar of Michigan Family Bar Journal, an academic journal for divorce and family law practitioners in the State of Michigan. Firearm Relinquishment Law And Implementation Could Actually Save Lives[…]
In family law, most cases settle prior to trial. In the event a settlement cannot be reached, a trial may be the only sensible option. Both scenarios have been discussed in prior posts. However, the procedure known as divorce arbitration is unique. As outlined below, divorce arbitration encompasses components found in both mediation and a[…]
In the media, the law is often portrayed playing out dramatically in a courtroom. In reality, very few cases proceed to trial, with family matters being no exception to the general rule. While excessive litigation may be the misnomer, the following information briefly outlines some family law considerations when considering a divorce trial. What a[…]
On December 12, 2017, in the case of Ludwig v. Ludwing, the Michigan Court of Appeals issued an opinion for publication which is a pretty big deal. Unlike an unpublished opinion which is advisory, published opinions must be followed by every trial court in Michigan. The opinion determined that Court ordered therapy between a parent[…]
When a court enters an order, the power to enforce the order is by a finding of contempt of court and violating a court’s order is not a child’s game. Contempt of court is the willful failure to obey a court’s order and can be punished by a civil penalty (money), criminally (jail) and sometimes[…]
Sometimes the Court of Appeals refuses to make a decision and directs the trial court to do so before making a decision. Such was the outcome in the case of Karungi v. Ejalu, which is case involving custody of an embryo. Gloria Karungi and Ronald Ejalu are the parents of a daughter who was naturally[…]
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[…]
There are three types of legal separation in Michigan. The first type of legal separation in Michigan is called a Separate Maintenance Agreement. A Separate Maintenance Agreement is similar to a divorce. One party files a Complaint for Separate Maintenance with the court. Unlike a divorce were the court ends the marriage with a Judgment[…]
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[…]
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[…]
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[…]
On July 20, 2017, in the case of Guiles v. Guiles, the Michigan Court of Appeals issued an opinion affirming a trial court ruling awarding the wife $3,000.00 in spousal support for 10 years. The Guiles case was a case of credibility. The trial court determined that the wife was more believable than the husband[…]
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[…]
When things don’t go your way, it is easy to blame the decision on a biased judge. A bias judge is a judge who has a prejudice in favor or against one thing, person or group compared with another. It the context of a divorce or custody case emotions are often running high and an[…]
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[…]
This morning, I read an interesting article in The Detroit News advocating for a new custody law to promote a shared custody arrangement, which is often referred to as joint custody. House Bill 4691, which was recently introduced by Rep. Jim Runestad, would joint custody and substantially equal parenting time as a starting point for[…]
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[…]
Figuring out how to change custody in Michigan can be complicated. To make things less complicated, we created the “How to change custody in Michigan checklist” to help you navigate the process. How to change custody in Michigan – The checklist. You cannot just show up to court anytime you want to change custody in[…]
Markus Moos a University of Waterloo Professor conducted research published in Forbes magazine that millennials are earning less than their parents. One way to curb this trend is to ensure that children attend college, which begs the question: Can a court order a parent to pay for college in a Michigan divorce? Child support in[…]
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[…]
If you are a parent of a special needs child, you already know how much more challenging your days are providing care, education, treatments, and socialization for your child. Divorce is often an emotionally charged event for a couple with no children, quite a bit more so for a couple with children, and exceptionally challenging[…]