Parenting time in Michigan (visitation law): What does Michigan law provide? How can you modify parenting time in Michigan? Want more than the basics? Click the button. Parenting time and visitation mean the same thing under Michigan law. The statute, MCL 722.27(a) uses the term visitation to describe the frequency and duration a parent spends[…]
Parenting time or visitation is similar to child custody and describes the frequency of time a child spends with each parent. We invite you to explore our knowledge base. Parenting time Resources We provide exceptional representation and can help you manage your situation. Quick Navigation – Parenting time Sometimes the biggest challenge in a divorce[…]
Parenting time and visitation guidelines and directives: When parents are going through a divorce, it is not uncommon for children to struggle with the situation. After all, children want to love both their parents, even if the parents may no longer love each other. It can be difficult to shield your children from the stress[…]
Michigan Divorce Education Series Michigan child custody, child support and parenting time: This video Webinar is a comprehensive explanation of Michigan law and strategy covering child custody, child support, and parenting time. Key learnings and strategies are discussed. I am hopeful you find it both empowering and educational. A summary of the topics covered is[…]
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[…]
You’ve probably heard of co-parenting, a term used to describe the situation in which a child’s parents are no longer married or living together. These parents are no longer together as a couple, but they work together to parent the child. But, what happens when the conflict between the parents is really high? They really[…]
It’s called parenting guilt, and all parents feel it at one time or another. In fact, the best of parents in the most secure relationships with excellent financial and emotional security can feel it. So, if you’re in the process of divorce or are newly divorced, it’s not unusual to feel like a parenting failure.[…]
Co-Parenting Plan One of the biggest challenges in a divorce is the determination of how time with the child (or children, as the case may be) will be split between the parents. A written document outlining how the parents will raise the child after divorce (and, sometimes, after separation), is called a co-parenting plan, visitation,[…]
When you’re going through a divorce, there is a lot to think about. When children are involved, they can be one of the biggest sources of both comfort and worry during this major life change. Whether you get along with your spouse or not, it can be very tricky to figure out the best living[…]
Super Lawyer – New York Times rising star – Daniel J. Debene: Michigan Divorce Lawyer, Daniel J. DeBene an associate of Findling law was recently awarded a Super Lawyer rising star. We want to Congratulate Mr. DeBene. ATTORNEY PROFILE – Daniel J. DeBene Bio: Working directly with Mr. Findling since 2008, Mr. DeBene specializes exclusively[…]
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.
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).
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[…]
There are two types of custody. Legal custody, which describes how parents shall share decision-making authority MCL 722.27a and Physical custody describes physical care and supervision of a child. MCL 722.1102(n).
An introduction to divorce begins with the definition of divorce. “Divorce” is the legal process by which a marriage ends and changes your legal status from married to divorced. In Michigan the court will address the division of property and debts, alimony (sometimes called spousal support), and in cases involving minor children custody and parenting[…]
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,[…]
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,[…]
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.
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).
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.
The majority of Michigan divorce cases settle and divorce mediation is one of the most common forms of alternative dispute resolution where a neutral third party tries to facilitate a fair settlement outside of the courtroom, avoiding the formalities of trial and saving costs. Court ordered divorce mediation Divorce mediation is usually court ordered and[…]
Under MCL 552.507(4), if a party timely objects to a referee’s recommendation, the trial court “shall hold a de novo hearing.” The Michigan Court of Appeals further decided that a trial court cannot simply review the record created at the referee hearing, however the trial court can impose reasonable restrictions on duplicative evidence (e.g. only allowing new evidence).
In a divorce or custody case, a Michigan Court can award the dependency to either parent, even if contrary to the IRS rules.