In Michigan, a custodial parent is the the parent with whom a child spends the majority of overnights with during the course of a year. This definition is similar to that used by the Internal Revenue Service when determining dependent status for tax purposes.
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.
Prior to suspending parenting time of a party, the trial court must hold an evidentiary hearing and find by clear and convincing evidence that continuation of parenting time would endanger the child’s physical, mental, or emotional health. Rozek v Rozek, 203 Mich App 193, 194-195; 511 NW2d 693 (1993).
With Memorial Day in our rear-view mirror, we look forward to summer. Sunny days. Lemonade stands. Pool toys. Boats. Games of capture the flag. Ice cream trucks. Sleep-away camp. These are just some of the many things we associate with the summer months in the great State of Michigan. Unfortunately, we are entering summer during[…]
There are two common ex parte orders entered in a Michigan divorce case. The first is called a financial status quo order and the second is a restraining order regarding property transfer.
On February 27, 2020, a Michigan child custody act appeal was decided by the Court of Appeals in the case, entitled O’brien, Jr., v. D’Annunizio. In the O’brien case, the mother mother appealed the trial court’s order granting the father sole legal and physical custody of the parties’ twin children. Michigan Child Custody Act Appeal[…]
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[…]
This video on changing custody in Michigan (custody modification) video webinar provides the most updated information on modifying child custody and an existing child custody order. We believe that knowledge is not only comforting but will put you in control of your situation which is why we created the Michigan Divorce Education Series and in[…]
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[…]
With over 21,000 views in just a few years we decided it was time to update another of our most popular webinars. The Michigan Divorce Steps (Michigan Divorce Process) video webinar provides the most updated information on the steps of a Michigan divorce. We believe that knowledge is not only comforting but will put you[…]
With over 100,000 views, the Michigan Divorce Education Series provides information that matters to you most.
Most people will do anything for their children. Unfortunately, when a relationship is on the rocks child custody may become an issue. So, how do you get child custody in Michigan? We provide answers to this question and explore many of the nuances in Michigan child custody law. How to get child custody in Michigan[…]
If divorce has crossed your mind but you are not ready to file, you may want to consider legal separation. Deciding to stay or leave takes courage. Legal separation in Michigan can be as simple as a private agreement to separate to a legally enforceable document.
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[…]
Unlike the Child Support there is no specific formula for alimony. Notwithstanding, lawyers and judges have resources that serve as a Michigan Alimony Calculator.
The decision to divorce is not easy. After all, you committed to stating married “for better or worse”. While some people get married for the wrong reason, others were once built on love and mutual respect which has evolved to disdain and conflict. How to make the decision to divorce? The decision to divorce –[…]
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[…]
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[…]
Child support and educational expenses. The obligation to pay for college and education expenses is provided in MCL 552.452(1) of the Family Support Act.
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[…]
Discovery is the formal process by which you “discover” information relevant to the case. In a Michigan divorce, custody or family law case, discovery is conducted in three ways. First, Interrogatories (think Interrogate) which are written questions which must be answered under oath and subject to the felony of perjury. Second, a Subpoena, which is[…]