One of the hardest conversations I ever have is when someone asks me what I think about the question: “Should I get a divorce?” Although I am an attorney and counselor of law, I am not clergy or a therapist. Divorce may be good for business, however, it is not what we are about. We[…]
Once a Michigan Judgment of Divorce is entered most people think that things are final and they are right. The limited exception to this rule applies to custody, parenting time and support which can change when there is a change of circumstances. However, there are certain limited circumstances when you can request a court to[…]
Why lying under oath is a very big deal in a Michigan divorce.
You successfully settled your divorce case when you wake up the next morning with regret, buyer’s remorse, or simply that sinking feeling experienced about what you just did. Can you change your mind after settlement? The first step in the analysis is determining if your settlement is in fact a contract. Was there an offer[…]
With the midterm elections now over, we welcome two newly elected Oakland County judges. Traditionally, newly elected Oakland County judges serve on the Family Court. Family Court includes cases involving divorce, child custody, parenting time, child support and spousal support (alimony). The two newly elected Oakland County judges are Julie McDonald and Jake Cunningham. Julie[…]
The Uniform Child-Custody Jurisdiction and Enforcement Act (herein: “UCCJEA”) is found in Michigan Compiled Laws section 722.1101. The UCCJEA was designed, among other things to resolve conflicts relating to jurisdiction in a child custody action by prioritizing the home state of a child. The UCCJEA also clarifies continuing jurisdiction for the state that entered the[…]
The seminal case in a Michigan custody modification case is Vodvarka vs. Grasmeyer which defines the threshold requirements to change custody. The threshold requirements are proper cause or change of circumstances. Under Michigan law, without establishing either proper cause or a change of circumstance, you cannot modify an award of child custody. In Vodvarka, the mother[…]
On September 11, 2018, the Michigan Court of Appeals in the case of Holmes v. Holmes reversed the trial court’s Michigan child custody determination awarding the father sole legal custody, requiring the trial court to examine the case again. What makes this case unique is the notion that a child custody award can only be[…]
“By the time you read this line, I’ll be gone. . .” originates from a popular 1980’s sit-com by the name Dear John starring Judd Hirsch, premised the abandonment of his wife, who simply got up and left his relationship. Abandonment may be relevant in a Michigan divorce but is not an independent cause of action[…]
You learn some big words in law school. Take for example the law school phrase, res ipsa loquitur, which is a legal principle that an occurrence of an accident implies negligence or escheat, which involves the forfeiture of property. While the phrase best interest of a child seems simple enough, applying the concept of what is[…]
The threshold requirement for custody modification was recently addressed by the Court of appeals in the case of Reyes v. Herron. The threshold requirement is proper cause or a change of circumstances. In Reyes v. Herron, Mr. Herron took an appeal from the trial court’s order denying his motion to change custody, parenting time and[…]
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”[…]
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[…]
According to the National Center for Missing & Exploited Children there were 456,676 entries for missing children in 2016 about ½ of all of the entries involve parental kidnapping. The NCMEC reports 203,000 children are victims of parental kidnapping. The law is clear, parental kidnapping is a serious crime. In this article, we will examine parental[…]
On December 7, 2017, the Michigan Court of Appeals issued an opinion regarding a father’s claim for attorney fees in a Michigan family law case. In the case of Girdis v. Girdis, the mother took an appeal of the trial court’s ruling granting the father attorney fee. The award of attorney fees was in response[…]
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 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[…]
The 2017 Michigan Child Support Formula Manual (“MCSFM”) The new Michigan Child Support Formula Manual has arrived. The last time the Michigan Child Support Formula Manual was updated was 2013. The major changes to the 2017 Michigan Child Support Formula Manual are set forth on pages “i” and “ii” and are restated below. You can[…]
On of the most prolific family law topics relates to child custody and in this article, we will cover more Michigan Child Custody Laws than anyone. Everything from the basics, to the complex. In this post we will review everything we have published on the topic of Michigan Child Custody Laws. Michigan child custody resource[…]
When Circumstances Change I was recently approached by the editors of the Michigan Family Law Journal to write a monthly coulmn on Michigan Divorce and Family Law. The Michigan Family Law Journal is a publication of the State Bar of Michigan Family Law Section and serves as “Family Law Council’s forum to share ideas; review, evaluate,[…]
On topic that seems to come up more than any is the notion of physical custody. Unlike legal custody, which awards a parent with access to the educational, medical, religious and other pertinent records of the child. Physical custody in Michigan is not easily defined. In fact, the Michigan Child Custody Statute MCL 722.26a does not[…]
The Brady Bunch got it right when they sang the once well-known verse of their hit single: “When it’s time to change, you’ve got to rearrange.” However, in custody cases, change does not always come easy. In fact, Michigan custody modification law makes it difficult to “rearrange” custody if the change is really big. By[…]
The artist, the engineer and the emotional divorce. When I was in law school, a comment by my Constitutional law professor, Robert Sedler, remains imprinted in my mind. Professor Sedler commented something along the lines of: “the problems with stereotypes is that they are usually true.” When I first heard this, I disregarded it as[…]