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September 12, 2018 Daniel Findling

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Michigan Child Custody Video Library.

For over 10 years we have been writing articles on Michigan child custody and in this blog post we reflect back on over 70 articles and videos on this important topic on Michigan divorce and custody law. Child Custody Videos In Michigan, Child custody refers to the legal and practical arrangement regarding the care, control,[...] The post Michigan Child Custody Video Library. appeared first on 248-399-3300 Findling Law. [...]

The Different Types of Custody.

In sum, although court's have created two types of custody (Physical and Legal), however, there is really only one type of custody that has two parts (The frequency of parenting time (MCL 722.26a(7)(a)) and decision making authority (MCL 722.26a(b)(b). The post The Different Types of Custody. appeared first on 248-399-3300 Findling Law. [...]

Discovery. The process of finding assets in divorce.

It is imperative to understand the nature and extent of the marital estate before reaching a property settlement in divorce. In a Michigan divorce case, the formal process of finding assets is called discovery. After all, you cannot negotiate a good deal until you have an understanding about what there is to divide and the[...] The post Discovery. The process of finding assets in divorce. appeared first on 248-399-3300 Findling Law. [...]

The effects of divorce on children

The science behind the effects of divorce on children in sound. Although each family is unique, divorce has been shown to have a negative impact on a child. However, research supports the notion that the impact of staying in an unhealthy marriage can be worse, as a child learns that it is ok to be[...] The post The effects of divorce on children appeared first on 248-399-3300 Findling Law. [...]

The Early Intervention Conference in Oakland County

The Oakland County Friend of the Court (FOC) consists of a group of attorneys, counselors and support staff which assist the court in cases involving minor children or support by providing a formal (or informal) dispute resolution service including custody and support valuations. Another important function of the FOC is to conduct an Early Intervention[...] The post The Early Intervention Conference in Oakland County appeared first on 248-399-3300 Findling Law. [...]

Dividing unvested stock options in divorce

You or your spouse worked hard and it has finally paid off with the right to purchase stocks at a discount from your employer. When stock options are granted they typically provide an opportunity to purchase shares of stock in the future at a fixed price and can be highly valuable. The future date is[...] The post Dividing unvested stock options in divorce appeared first on 248-399-3300 Findling Law. [...]

Separate property can be invaded in divorce.

Michigan statutory law authorizes a court to divide property in a divorce that was acquired “by reason of the marriage” MCL 552.19. Generally speaking, property acquired by reason of the marriage is considered marital property whereas property acquired before or after marriage is considered separate property. Simply put, a court will divide marital property (See: Byington v Byington ) and not divide separate property (See: Reeves vs. Reeves , providing that: “each party takes away from the marriage that party’s own separate estate with no invasion by the other party"). However, there are certain circumstances when separate property can be invaded. The post Separate property can be invaded in divorce. appeared first on 248-399-3300 Findling Law. [...]

Child Custody – a case of proper cause.

On January 26, 2023, the Michigan Court of Appeals issued its opinion in the highly contentious case of Hawes v. Cromie, the unmarried parents of a 13 year old son. For more than ten years, the child’s parents have litigated over every aspect resulting in the court noting that: Throughout the last decade, the parents’[...] The post Child Custody – a case of proper cause. appeared first on 248-399-3300 Findling Law. [...]

Imputation of income for child support

When a parent is voluntarily unemployed or underemployed, or has an unexercised ability to earn, the Michigan Child Support Formula Manual allows a court to include the potential income that parent could earn as income for support purposes (MCSFM 2.01(G)). The post Imputation of income for child support appeared first on 248-399-3300 Findling Law. [...]

How a court prevents you from changing custody

Suppose you are involved in a contested child custody battle and lose. Why can't you simply refile the case and try again? The answer is provided in the seminal case of Vodvarka v. Grassmeyer. In Vodvarka, the Michigan Court of Appeals created a barrier to changing custody in order to avoid repeated custody evaluations. The post How a court prevents you from changing custody appeared first on 248-399-3300 Findling Law. [...]

Custody – when the trial court gets it wrong.

A trial court must follow certain steps when making a child custody determination and when the trial court fails to do so, it is the basis for an appeal. The post Custody – when the trial court gets it wrong. appeared first on 248-399-3300 Findling Law. [...]

What is a De Novo hearing

After the Friend of the Court makes a recommendation, either party may request a de novo hearing or a hearing "from the beginning" with the trial court judge. This right is codified in Michigan Compiled Laws section 552.507(4). The post What is a De Novo hearing appeared first on 248-399-3300 Findling Law. [...]

Planning for divorce.

A divorce plan is an important first step to taking back control of your situation and is different for a dependent spouse than the primary wage earner. A divorce plan is an important first step to set goals and help take control of your situation. If you make more money than your spouse, you will[...] The post Planning for divorce. appeared first on 248-399-3300 Findling Law. [...]

The decision to divorce

Divorce is the legal dissolution of a marriage. It is a complex and often emotional process that can have far-reaching effects on individuals and their families. The decision to divorce is never easy and it is often the result of long-standing issues within a marriage. Some common reasons for seeking a divorce include infidelity, financial[...] The post The decision to divorce appeared first on 248-399-3300 Findling Law. [...]

Supervised parenting time

On October 20, 2022, the Michigan Court of Appeals issued its opinion in the case of Krieg v. Krieg after the trial court changed primary custody of the parties minor child to the mother and addressing the issue of supervised parenting time. The parties married in July 2014. Shortly after the parties married, father began[...] The post Supervised parenting time appeared first on 248-399-3300 Findling Law. [...]

The power of the Friend of the Court

Simply put, the power of the Friend of the Court is limited to making recommendations for the trial court to review. However, if no objections to a Friend of the Court recommendation are made, the Friend of the Court Recommendation will become an Order of the Court. The post The power of the Friend of the Court appeared first on 248-399-3300 Findling Law. [...]

Changing legal custody for a sick child

There is a three step process to change legal custody. First, a showing of proper cause or change of circumstances since the entry of the last order. Second, the established custodial environment determines the burden of proof and; Third a best interest of the child analysis. The post Changing legal custody for a sick child appeared first on 248-399-3300 Findling Law. [...]

Divorce mediation – How it works, when to settle.

The majority of Michigan divorce cases settle and divorce mediation is one of the most common forms of alternative dispute resolution where a neutral third party tries to facilitate a fair settlement outside of the courtroom, avoiding the formalities of trial and saving costs. Court ordered divorce mediation Divorce mediation is usually court ordered and[...] The post Divorce mediation – How it works, when to settle. appeared first on 248-399-3300 Findling Law. [...]

Child custody laws in Michigan

Michigan child custody laws provide a two-step process for determining child custody. The first step determines the existence of an establish custodial environment which determines the burden of proof required. The second step examines the best interest of the child factors which must be examined by the court applying the applicable burden of proof. The post Child custody laws in Michigan appeared first on 248-399-3300 Findling Law. [...]

A Restraining Order in a Michigan divorce case.

A Restraining Order is an order used to protect the parties property and finances in a divorce case. There are two types of restraining orders typically filed in every Michigan divorce. First, is a Restraining Order against property transfer and preservation of the marital estate. Second, is a Financial Status Quo Order. The post A Restraining Order in a Michigan divorce case. appeared first on 248-399-3300 Findling Law. [...]

Child custody steps

The first step is a threshold question which asks, what has changed since the entry of the last court order under Vodvarka; The second step requires determining the existence of an established custodial environment and the burden of proof. The third step is to apply the best interest factors using the appropriate burden of proof. The post Child custody steps appeared first on 248-399-3300 Findling Law. [...]

I object to the Friend of the Court Recommendation.

Under MCL 552.507(4), if a party timely objects to a referee’s recommendation, the trial court “shall hold a de novo hearing.” The Michigan Court of Appeals further decided that a trial court cannot simply review the record created at the referee hearing, however the trial court can impose reasonable restrictions on duplicative evidence (e.g. only allowing new evidence). The post I object to the Friend of the Court Recommendation. appeared first on 248-399-3300 Findling Law. [...]

Can you file for custody before a child is born?

You cannot file a child custody action in Michigan before a child is born because an unborn child is not a person, rather a potential life. The post Can you file for custody before a child is born? appeared first on 248-399-3300 Findling Law. [...]

The difference between parenting time and visitation.

Visitation and parenting time mean exactly the same thing under Michigan law. The term visitation is old and more appropriate for visiting someone in prison than enjoying time with a child. Some time ago, in an effort to avoid marginalizing or insulting a parent, courts began replacing visitation with the term parenting time, a kinder[...] The post The difference between parenting time and visitation. appeared first on 248-399-3300 Findling Law. [...]

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. [...]

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