Parenting time appeal win by Findling Law

On May 30th, 2024, the Michigan Court of Appeals agreed with Findling Law, PLC in finding the trial court made a “clear legal error on a major issue” in reversing the trial court’s ruling denying father parenting time with the minor child.


In Corsetti v. Cohen, the parties entered into a consent order granting mother sole legal and physical custody arising after father’s criminal issues. The Court subsequently issued a Personal Protection Order against the father prohibiting him from contacting either mother or the child.

With father’s criminal issues resolved, Findling Law filed a Motion to modify parenting time with the trial court. However, the trial court denied the request, relying on the personal protection order in doing so. Findling Law filed an appeal with the Michigan Court of Appeals on behalf of the father.

There is a stingent standard to show proper cause or a change in circumstances in a child custody proceeding, however, the standard is less stingent in parenting time cases.

“Whereas the primary concern in child custody determinations is the stability of the child’s environment and avoidance of unwarranted and disruptive custody changes, the focus of parenting time is to foster a strong relationship between the child and the child’s parents.

Shade v. Wright, 291 Mich App 17 (2010)

For these reasons, “normal life changes” (in the case of Mr. Corsetti, the resolution of his criminal issues) that would not justify modifying custody may constitute proper cause or change of circumstances sufficient to support a motion to modify parenting time.

So what is next for Mr. Corsetti? The Michgian Court of Appeals reversed the trial court’s decition and remanded the case back to the trial court to correct the trial court’s faulure to follow the proper legal framework in determining Mr. Corsetti’s parenting time requests.

By: Daniel Findling (c) 2024.

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I have been exclusively practicing divorce and family law in Michigan for almost 30 years. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles.  We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances. That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.


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