On August 14, 2025, the Michigan Court of Appeals issued its opinion in the child custody case of Nathan Shields vs. Kaycee Shields. Divorced since 2018, the parties shared one child and Nathan had sole custody with Kaycee awarded parenting time. Kaycee filed a Motion to Modify Child custody in Michigan after Nathan’s house had[…]
The Friend of the Court consists of persons trained in helping circuit court judges manage divorce and custody cases. For example, if someone requests a change in child custody or parenting time, the circuit court Judge will often refer the matter for a Friend of the Court Recommendation. A Friend of the Court Recommendation are[…]
Michigan child custody law provides specific rules whan a parent wants to change a child’s residence. The Michigan Court of Appeals examined these rules in the case on July 23, 2025 in the case of Foerseter vs. McKinstry Ms. McKinstry argued on appeal that the court improperly analyized the change of residence factors. 100 Mile[…]
In this article we will examine the new Michigan Divorce and Custody cases for June 2025 as interpreted by the Michigan Court of Appeals and the explore the various fact patterns. The Court of Appeals issued one non-published divorce opinion in June 2025 and one non-published custody opinion. A non-published opinion does not have precedential[…]
Parenting time defines the frequency and duration a parents spends with a child in the context of a divorce or child custody case. Regular parenting time provisions exclude holidays and school breaks and generall consists of a bi-weekly schedule. In certain circumstances, such as when a parent has an irregular work schedule or lives far[…]
What is really in a child’s best interest may surprise you.
Informatative videos on Michigan Custody Law will empower you!
Every child custody or parenting time case requires an examination of what is in the Best interest of the child which are 12 factors defined in Michigan Compiled Law section 722.23. In this article, we will explore sample questions that can be asked relating to each Best Interest of the child factor. Sample Best interest[…]
raditionally, Child custody came in two forms. Legal custody and physical custody. Legal custody is defined by statute (MCL 722.26a(7)(b)) and refers to the “decision making authority as to important decisions affecting the welfare of the child”. However, physical custody is not defined by statute.
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[…]
Parenting time (visitation) defines the frequency and duration each party spends with their child. Under Michigan law, parenting time is governed by statute. Specifically, Michigan Compiled Laws 722.27a, which is more commonly known as the parenting time statute.
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.
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.
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.
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.
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.
The Uniform Child-Custody Jurisdiction and Enforcement Act (herein: “UCCJEA”) is found in Michigan Compiled Laws section 722.1101. The UCCJEA was designed, among other things to resolve conflicts relating to jurisdiction in a child custody action by prioritizing the home state of a child. The UCCJEA also clarifies continuing jurisdiction for the state that entered the[…]
The seminal case in a Michigan custody modification case is Vodvarka vs. Grasmeyer which defines the threshold requirements to change custody. The threshold requirements are proper cause or change of circumstances. Under Michigan law, without establishing either proper cause or a change of circumstance, you cannot modify an award of child custody. In Vodvarka, the mother[…]
On September 11, 2018, the Michigan Court of Appeals in the case of Holmes v. Holmes reversed the trial court’s Michigan child custody determination awarding the father sole legal custody, requiring the trial court to examine the case again. What makes this case unique is the notion that a child custody award can only be[…]
When a soon to be ex has a newborn child a Michigan divorce or Michigan child custody case can become more complicated, especially when the mother is breastfeeding. Breastfeeding and the Tender Years doctrine The Tender Years Doctrine is a legal principle from old English Common Law. The doctrine presumed that a child’s “tender years”[…]
It is easy to get lost in the trees when you should be focusing on the forest. However, we recognize that some people like the nitty gritty details which is why we created the nitty gritty details series. The nitty gritty details series will focus on the technical side of divorce, custody and support laws.[…]
On September 21, 2017, the Michigan Court of Appeals reviewed the case of Christopher Gucwa v. Maranda Lee. Miranda asked the Court of Appeals to review the dismissal of her Motion to change custody. A Motion is a term of art used in the legal profession to ask the court to do something and Miranda[…]
On August 22, 2017, the Michigan Court of Appeals in the case of Roe v. Roe upheld the trial court’s decision to change child custody from the mother to the father. In the Roe case, the parties married in 2006, separated in 2010, and divorced in 2014. The father is a soldier in the United[…]
When a trial court is faced with a request to change child custody, it must first make a determination if there is proper cause or a change of circumstances since the last child custody order. If a court determines that there is proper cause or a change of circumstances then the trial court must conduct[…]
With a population of 21,000 people, Marquette Michigan may be considered a small town, however for the parties in Lessard v. Londo, Michigan Court of Appeals Docket No. 336156, the small town was home to a big problem involving the best interest of the child, age 16 months. Mr. Lessard met Ms. Londo on the[…]