In this article we will examine the new Michigan Divorce and Custody cases for June 2025 as interpreted by the Michigan Court of Appeals and the explore the various fact patterns. The Court of Appeals issued one non-published divorce opinion in June 2025 and one non-published custody opinion. A non-published opinion does not have precedential value, which means that it other courts are not required to follow an opinion that is not published. Rather, they are discretionary interpretations based on specific fact patterns. Lawyers site non-published opinions to help influence the trial court when situations are similar. However, trial court’s are only required to follow published opinions.
The New Michigan Divorce cases for June 2025
In Gupton vs. Gupton, dated June 20, 2025, Ms. Gupton (“mother”) requested the Court of Appeals set aside the trial court’s order which awarded Mr. Gupton (“father”) sole legal and physical custody of the parties three minor children. Throughout the course of the proceedings, Ms. Gupton made multiple unfounded allegations that Mr. Gupton touched their daughter’s private area and would often withhold the children from Mr. Gupton when he refused to give her money to pay her bills. Mr. Gupton alleged that Ms. Gupton failed to meet the children’s needs, including failing to take them to school and physically abused the children. The trial court conducted a four-day evidentiary hearing concluding that the best-interests factors iterated under MCL 722.23, primarily favored father. On appeal mother argued that she was denied the right to counsel and was forced to represent herself. The Court of Appeals disagreed because there is no right to a court appointed attorney in a divorce or custody case, the Court of Appeals stating:
. . . Michigan courts have not recognized a right to counsel in civil matters, with the exception of child protective proceedings and involuntary commitment proceedings due to the significant personal liberty interests at stake. See In re Casto, 344 Mich App 590, 611; 2 NW3d 102 (2022) . . .Likewise, our courts have not explicitly recognized a parental right to counsel in child custody or guardianship proceedings . . .
The New Michigan Custody case for June 2025
In Franklin vs. Kohler, dated June 2025, David Kohler (“father)’s request review of the trial court’s decision regarding Heather Franklin (“mother”)’s request to modify custody. Father also requested review of his request to change the children’s domicile (a request to move). The parties dated but never married and originally had a joint custody order with primary custody to mother. Father then requested equal parenting time based on the notion that his substance abuse issues are an issue of his past. A few months later, father accepted a job in South Carolina and wanted to move there with the children. The trial court conducted an evidentiary hearing, evaluating the best interest of the child factors denying both of father’s requests. The Michigan Court of Appeals agreed with the trial court and upheld the decisions, including the decision that an established custodial environment existed with both parents. In denying father’s change of custody request, the Court of Appeals stated:
n sum, the trial court’s findings under best-interests factors (e), (g), (h), (j), and (k) were not against the great weight of the evidence, and we are unpersuaded that its decision to grant plaintiff’s motion to modify custody was “palpably and grossly violative of fact and logic.” Kuebler, 346 Mich App at 653 (quotation marks and citation omitted).
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By: Daniel Findling (c) 2025.
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