Michigan Visitation and Parenting time – Michigan Divorce Attorneys – Articles and Videos
When fighting for custody in a Michigan divorce or custody case you have an obligation to prove your claims with evidence. This obligation is called the burden of proof. The different Michigan child custody burden of proofs are: Clear and convincing evidence which requires evidence that the claim is very highly probable; and Preponderance of[…]
The Oakland County divorce court is changing. Mandatory retirement, judicial appointments and elections in November will result in even more changes at Oakland County divorce court. The Oakland County divorce court is made up of Judges from both circuit court and probate court. These judges specialize in hearing family law cases such as divorce, custody,[…]
Some thoughts on divorce with children This letter is written from the perspective of an experienced divorce and family lawyer and not an expert opinion of a mental health professional. A mental health professional may agree or disagree with this letter. If you are considering divorce, have been divorced or are going through a divorce[…]
In a Michigan divorce, the parties can agree to arbitration instead of trial. Arbitration is a form of alternative dispute resolution which is also referred to as ADR. Arbitration is similar to mediation except the arbitrator can make a binding decision if the parties cannot agree on an issue. When parties mediate a divorce case,[…]
Can you sue a Judge in Michigan? Let’s face it, sometimes Judges get things wrong. When they do, one option is to take an appeal, but can you sue a Judge in Michigan? The Michigan Court of Appeals is an intermediate higher court and can overturn a lower court’s decision when it makes an error[…]
Michigan child custody law – the statutes. In this article we examine the most commonly cited statutes relating to Michigan child custody law. Sources of Michigan child custody law Michigan child custody law comes from four sources, statutes, precedent, court rules and English common law. When the legislature passes a Michigan child custody law, the[…]
Custody in Michigan – Child abduction law in Michigan Child abduction by a parent is a felony Michigan which means it is punishable by more than 1 year in prison. The Michigan Penal Code Act 328 of 1931 can be found in MCL 750.350a and is commonly known as the Parental Kidnapping Prevention Act. […]
Like any parent with children there came a time where my wife and I discussed vaccination for our children was appropriate. After all, every parent wants to protect their child from every possible risk and the information (or misinformation) regarding vaccination is all over the map. When parents cannot agree on an issue, Michigan divorce and[…]
Sometimes things do not go as planned. Parents typically celebrate after a child is born. Unfortunately, many relationships end, and if parents cannot agree on custody or parenting time of a child, the Michigan divorce or custody court will decide how custody is awarded and parenting time is spent. When a court makes the wrong[…]
The established custodial environment. Under Michigan child custody law, the established custodial environment is the parent a child naturally looks to for guidance, discipline, the necessities of life, and parental comfort. The law defining the established custodial environment is Michigan Compiled Laws, section 722.27. Why is the established custodial environment so important? The established custodial environment is important[…]
Imagine entering into a divorce settlement only to find out later that your spouse committed divorce fraud. Divorce fraud occurs when someone uses deception to alter a result for financial or personal gain. The most common divorce fraud involves the value of something, typically a business, real estate or investment. Divorce fraud occurs when one[…]
Best interest of the child factor (i) – “I want to live with . . .” Best interest of the child factor (i) examines if it is ever appropriate for a child to decide who to live with? Frankly, the short answer is no. A child is not a parent. A child is a child and[…]
Having health insurance for a minor child is smart. In a Michigan divorce or child custody case providing health insurance is also a responsibility. Who is responsible to provide health insurance? The responsibility to provide health insurance for a minor child is provided in the Michigan Child Support Formula Manual (“MCSFM”) section 3.05(B) which provides[…]
Ever wonder how a court enforce’s its orders? One answer is a show cause hearing. A show cause hearing asks the question: “Why shouldn’t the court hold you in contempt of court for violation of the court’s order?” At a show cause hearing, the burden is placed on the person suspected of violating a[…]
Custody in Michigan – Best interest of the child factor (h) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (h). Best interest of the child factor (h) addresses the home school and community record of the child. Not every child is the perfect[…]
Custody in Michigan – Best interest of the child factor (g) Best Interest of the child factor (g) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (g). Best interest of the child factor (g) addresses the mental and physical health of the parties[…]
How to prevent parental kidnapping in Michigan. It is not uncommon for a parent to kidnap their own child. Maybe they lost custody or are angry and want to hurt the other parent. Whatever the case, parental kidnapping is a federal crime and a crime in Michigan. In many cases, parental kidnapping can be prevented.[…]
The UCCJEA in Michigan: Transferring and enforcing an out of state custody determination The Uniform Child Custody Jurisdiction Act (“UCCJEA in Michigan”) provides that the home state of a child has exclusive and continuing jurisdiction for child custody litigation. So what happens if the home state of the child changes? For example, if the parents[…]
Custody in Michigan – Best interest of the child factor (e) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (e). Best interest of the child factor (e) examines the permanence, as a family unit of the proposed custodial home or homes. Best interest[…]
The top five dirty divorce tricks Divorce can be coupled with anger, jealousy and other deep emotional triggers. These triggers can result in revengeful gamesmanship or greed. Some spouses will use every trick in the book to win at all costs. 1. Conflicting out top attorneys: It is important to hire a top attorney[…]
Custody in Michigan – Best interest of the child factor (d) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (d). Best interest of the child factor (d) examines the length of time a child has lived in a stable, satisfactory environment, and[…]
The Friend of the Court Referee A Friend of the court referee is appointed by the chief Judge to assist in Michigan divorce, custody and domestic relations cases. A Michigan Friend of the Court Referee power is defined in Michigan Compiled Laws Section 552.507. Michigan law (MCL 552.507) provides that a Friend of the Court[…]
Michigan divorce evidence – The Michigan Rules of Evidence The introduction of Michigan divorce evidence is governed by the Michigan rules of evidence. The Michigan rules of evidence apply in every Michigan divorce case that goes to court from a simple motion to a complex trial. Imagine wanting to introduce very important evidence only to[…]
Custody in Michigan – Best interest of the child factor (c) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (c) is . Best interest of the child factor (c) examines the capacity and disposition of the parties involved to provide the child[…]
Parenting time bracket By: Daniel Findling (c) 2015 Most people are familiar with a sports bracket but what about a parenting time bracket? A sports bracket often accompanies a tournament and is a tree diagram matching different teams in a tournament such as the NCAA basketball tournament. A parenting time bracket can be used to[…]