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.
The willingness and ability of each of the parties to encourage a continuing parent-child relationship with the other parent is the most important best interest of the child factor.
On August 26, 2021, the Michigan Court of Appeals issued its opinion in the case of Shipley v. Shipley In this case, the father appeals the trial court’s order to modify custody and decided that there was proper cause to modify custody. The first step in modifying an existing child custody award is for the[…]
In this article, we cover the top 10 divorce myths. When it comes to Michigan divorce law, everyone has a story about a ‘friend’ who went through a divorce and (fill in the blank) happened. Further complicating matters are the countless television shows and tabloid articles regarding divorce. While gossip, television shows and tabloid articles[…]
Michigan Compiled Laws section 722.26a, requires parents to be advised of joint custody and the court must consider an award of joint custody at the request of either party.
The phrase custodial parent is not defined in Michigan divorce or custody law. However, the term has evolved to mean the parent that is awarded the majority of parenting time in a specific Michigan divorce or custody case. Michigan statutes and case law have defined two types of custody in Michigan. Legal custody and physical[…]
There is a barrier to modification of custody, child support, spousal support (alimony) and parenting time. The barrier is proper cause or change of circumstances. In a prior article, we examined the seminal case on the subject, Vodvarka v. Grassmeyer which defines both proper cause and change of circumstances in the context of a child[…]
In Michigan a change of circumstances is required to modify custody, child support, spousal support or parenting time. One of the most common questions asked to practitioners in family law cases involves modification of custody, child support, spousal support or parenting time in circumstances when the client perceives the result as unfair. In addressing the[…]
In Michigan, several key legal provisions govern with respect to where you can live and move with your kids including Michigan Compiled Laws section 723.31(1). and Michigan Compiled Laws section 723.31(4)
I have tried many cases before referee Lorie Savin and find her compassionate, knowledgeable and fair. Three wonderful qualities for a Michigan Divorce and Family Court Judge.
The short answer is no, however, under Michigan law in every Michigan custody case a child has a right to be heard and the court must consider the child’s preference in awarding custody and parenting time. In every Michigan parenting time or child custody case the trial court is required to consider the statutory best[…]
On August 13, 2020, the Michigan Court of Appeals issued an opinion in a child custody awarding the father custody after determining that the mother interferes with everything. The case of Osborne v. Osborne arises out of a tumultuous divorce and child custody dispute. The parties had two children and divorced in 2019. The divorce[…]
Michigan Custody Law can be broken down into three steps. First, (in modification cases), you must address proper cause or change of circumstances. Second, you must address an established custodial environment. Third, you must address the best interest of the child factors.
There are two paths in every divorce, the emotional path and the legal path. We trust that you understand how you feel. We help you understand the law.
The seminal case on choice of school issues is Pierron v. Pierron and we have you covered with the nitty gritty details on how the process works.
On March 12, 2020, the Michigan Court of Appeals issued its opinion in the case of Negron vs. Watts. In this Michigan custody action, the mother argued on appeal that the court lacked child custody jurisdiction to decide the case. Therefore, the final custody and parenting time order granting father sole legal and physical custody[…]
Simply put, there is no limit as to how often child support can be modified in Michigan, provided there is a significant change of circumstance since the entry of the last child support order.
If you are involved in a divorce or custody matter in Oakland County Michigan than you need to know about the Oakland County Friend of the Court.Like the name implies, the Friend of the Court (“FOC”) assists the Oakland County Divorce and Family Court Judges. If an Oakland County divorce or Child custody or Child[…]
The divorce laws in Michigan provide that a divorce will be granted upon a finding by the court that there has been a breakdown in the marriage. This language summarizes the no-fault divorce law that changes your legal status from married to divorced. The Divorce Laws in Michigan – No fault divorce. The no-fault divorce[…]
The grounds for divorce in Michigan are simple. One party must allege that there is a breakdown of the marriage, the objects of matrimony are destroyed and there is no likelihood that the marriage can be saved. The grounds for divorce is what makes Michigan a no-fault divorce state. As a no-fault state, some people[…]
You may be tempted to seek out a divorce attorney for men or women only. There are a lot of attorneys who market themselves as representing men in divorce only or woman in divorce only. The truth about Divorce Attorney for Men or Women The truth is, an experienced divorce attorney understands divorce regardless of[…]
A Child Custody Evaluation in Michigan utilizes the services of a third party such as the Friend of the Court or an independent clinical or forensic psychologist to evaluate the Michigan 12 Michigan best interest of the child factors. The third party makes a report, recommendation or provides testimony based upon the conclusions of the[…]
The Michigan Divorce Process In Michigan, a divorce follows a formal process. However, there is no requirement to follow every step in a divorce. In fact, most cases settle during the divorce process. Divorce Process in Michigan – the basics. The Divorce process in Michigan can be described in five basic steps. However, most Michigan[…]
Most divorce and custody cases include an award of joint legal custody. As a joint legal custodian, both parents share equally in major decisions involving a minor child and one of those major decisions is the choice of school a child should attend. If a dispute arises, here are the nitty gritty details on choice[…]
Physical custody if Michigan is an archaic term to describe the parent that spends the majority of parenting time with a minor child. Traditionally, the parent who is awarded the most parenting time was awarded sole physical custody. So, what happened to physical custody in Michigan?, in simple terms the phrase physical custody has gone[…]