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Custody and parenting time law videos

Our child custody and parenting time videos have been viewed tens of thousands of times and we just added a new video. The post Custody and parenting time law videos appeared first on 248-399-3300 Findling Law.

How far away can you move after a divorce with a minor child?

There are two legal restrictions on how far you can move after a divorce with a minor child. First, MCL 722.31(1) prohibits a parent from moving after divorce with a minor child to another home more than 100 miles (as the crow flies) from your current residence without court permission. However, MCL 722.31(2) provides that this restriction does not apply if a parent is awarded sole legal custody. Second, Michigan Court Rule 3.211(C)(1) prohibits a parent from moving outside of the State of Michigan without approval from the Judge who awarded custody. The post How far away can you move after a divorce with a minor child? appeared first on 248-399-3300 Findling Law.

Warning – Before you settle your divorce. A deal is a deal.

Court's will not rewrite an unambiguous agreement negotiated and signed (or placed on the record) by consenting adults absent, fraud or duress. The post Warning – Before you settle your divorce. A deal is a deal. appeared first on 248-399-3300 Findling Law.

The nine parenting time factors (video)

There are nine parenting time factors a court should consider when determining the frequency, duration and type of parenting time to be granted. The factors are set forth in MCL 722.27a(7)(a-i The post The nine parenting time factors (video) appeared first on 248-399-3300 Findling Law.

Michigan custody laws – the videos

Michigan child custody law can be complex but don't worry. We make it easy to help you understand this area of the law with the Michigan Divorce Education Series of videos on custody. The post Michigan custody laws – the videos appeared first on 248-399-3300 Findling Law.

Parenting time modification and and the established custodial environment

A change in the established custodial environment occurs if parenting-time adjustments change whom the child naturally looks to for guidance, discipline, the necessities of life, and parental comfort. The post Parenting time modification and and the established custodial environment appeared first on 248-399-3300 Findling Law.

Dependency exemption and divorce

In a divorce or custody case, a Michigan Court can award the dependency to either parent, even if contrary to the IRS rules. The post Dependency exemption and divorce appeared first on 248-399-3300 Findling Law.

Changing custody

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 post Changing custody appeared first on 248-399-3300 Findling Law.

Parenting time agreement

MCL 722.27a(2): If the parents of a child agree on parenting time terms, the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child. The post Parenting time agreement appeared first on 248-399-3300 Findling Law.

Motion to modify parenting time

Although the threshold requirements to modify custody or a motion to modify parenting time go by the same names, proper cause or a change of circumstance to change custody or modify parenting time have different meanings. The post Motion to modify parenting time appeared first on 248-399-3300 Findling Law.

Change of custody – In three steps!

There is a general perception that court's are reluctant to change custody because it can create a lack of stability in a child's life and the perception is true. The post Change of custody – In three steps! appeared first on 248-399-3300 Findling Law.

Different types of alimony and spousal support payments

There are different types of alimony and spousal support payments. A trial court may award either periodic alimony / spousal support, or alimony / spousal support in gross. Periodic spousal support payments “are subject to any contingency, such as death or remarriage of a spouse . . . .” In contrast, spousal support in gross[...] The post Different types of alimony and spousal support payments appeared first on 248-399-3300 Findling Law.

Is there an established custodial environment?

A determination of an established custodial environment is important because a court cannot enter an order for child custody (or modify an existing order) without first determining if an established custodial environment exists and the trial court must make clear findings on this issue before deciding custody. The post Is there an established custodial environment? appeared first on 248-399-3300 Findling Law.

The most important best interest of the child factor.

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. The post The most important best interest of the child factor. appeared first on 248-399-3300 Findling Law.

Divorce and separation. What if you still love each other?

Do you love your spouse but at the same time realize you cannot be with each other? Many marriages are filled with disfunction in communication, sex, fidelity or how you spend money and no matter how much work you put into the marriage, your not sure you can make things workout. Divorce and separation are[...] The post Divorce and separation. What if you still love each other? appeared first on 248-399-3300 Findling Law.

Can you contract a cheating penalty? Divorce alternative video.

Fidelity is an obligation in almost every marriage vow. However, many marriages end because someone cheated. Which begs the question, can you contract a cheating penalty? It appears the answer is no. The post Can you contract a cheating penalty? Divorce alternative video. appeared first on 248-399-3300 Findling Law.

Proper cause to modify custody

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[...] The post Proper cause to modify custody appeared first on 248-399-3300 Findling Law.

Remedies for a cheating spouse in a Michigan divorce.

Adultery (when your spouse cheats is the ultimate betrayal in a marriage. In many circumstances a couple can find a way to move past the betrayal. However, in many situations, the damage is done and fixing the problem is not an option. When God gave Moses the 10 Commandments it is no surprise that one[...] The post Remedies for a cheating spouse in a Michigan divorce. appeared first on 248-399-3300 Findling Law.

Divorce myths. A video of truth.

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[...] The post Divorce myths. A video of truth. appeared first on 248-399-3300 Findling Law.

What exactly is joint custody in Michigan?

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 post What exactly is joint custody in Michigan? appeared first on 248-399-3300 Findling Law.

Relief from a Judgment of divorce

When property is divided in a Judgment of Divorce is typically final and non-modifiable. However, a party can petition the court for relief from a Judgment of Divorce under MCR 2.612 in certain instances. The post Relief from a Judgment of divorce appeared first on 248-399-3300 Findling Law.

Divorce in Oakland County

You may think that there is no difference in the divorce laws by County and you are right, sort of. Divorce law is uniform throughout the state, a divorce in Oakland County is different for a number of reasons. The post Divorce in Oakland County appeared first on 248-399-3300 Findling Law.

Michigan adultery law – it is a crime.

Adultery under Michigan adultery law is never enforced. However, the adultery statute provides: “Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person.” Michigan Compiled Laws 750.29 The punishment for the crime of adultery is severe. Adultery is a felony, which means adultery is punishable by more than[...] The post Michigan adultery law – it is a crime. appeared first on 248-399-3300 Findling Law.

Michigan Child Support Formula Manual 2021 – Change is here!

The Michigan Child Support Formula Manual an the Michigan Child Support Formula Supplement were updated. The new guidelines are effective January 1, 2021. The 2021 Michigan Child Support Formula Manual provides the formula utilized by Michigan Court’s to determine a child support obligation. With very limited exceptions Michigan Court’s may not deviate from the formula.[...] The post Michigan Child Support Formula Manual 2021 – Change is here! appeared first on 248-399-3300 Findling Law.

What is separate property in a Michigan divorce?

When love and respect run out and a divorce is pending, it is important to understand what is separate property because under most circumstances separate property is not divided in a divorce case. Typically, separate property is identified as: “[p]roperty that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a[...] The post What is separate property in a Michigan divorce? appeared first on 248-399-3300 Findling Law.

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