fbpx
Uccjea

How to register a child custody action under the UCCJEA and Michigan law.

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[…]

Child Custody

Fundamentally Speaking – Custody Modification in Michigan – Vodvarka – the seminal case.

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[…]

Child Custody

Michigan Child Custody determination of sole legal custody reversed by Court of Appeals

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[…]

Does breastfeeding effect child custody?

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”[…]

Michigan divorce laws

The nitty gritty details of Michigan divorce and custody laws

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.[…]

motion to change custody

Motion to change custody – Friend of the Court schooled!

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[…]

change child custody

A soldier’s request to change child custody in Michigan.

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[…]

child custody

Child custody hearing – sometimes you have to have one.

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[…]

Best interest of the child

Best interest of the child – The case of a stripper and the National Guard.

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[…]

Counselors

Counselors, Social Workers, and Psychologists: Which is right for your child?

Divorce can be a difficult experience, especially for kids. This can be a time when your child is truly struggling – with academics, personal relationships, or managing emotions and behaviors. A little extra help in dealing with this new situation can make all the difference. But, who do you turn to? Counselors, social workers, psychologists[…]

Michigan child custody

40 Conversation Starters to Get Your Kids Talking to You Again

Divorce is, hands down, one of the most challenging things life will throw at you and at your kids. Many parents find that their kids retreat within themselves during this tumultuous time and communication between parents and kids can be hard. Arm yourself with a list of conversation starters to get your kids talking, and[…]

Burden of proof divorce

The burden of child custody – burden of proof case law

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[…]

joint custody

Child custody appeal – What you can do if the court got it wrong.

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[…]

Custody in Michigan – Best interest of the child factor (f)

Custody in Michigan – Best interest of the child factor (f) Best Interest of the Child Factor :      One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (f).                              Best[…]

Custody in Michigan – Best interest of the child factor (d)

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[…]

Custody in Michigan – Best interest of the child factor (c)

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[…]

legal

Joint legal custody in Michigan

Joint Legal custody in Michigan:  By: Daniel Findling Physical custody and joint legal custody in Michigan explained. Unlike physical custody, sometimes called the custodial parent which defines where a child lives on a day to day basis, legal custody defines the right to make legal decisions for the child regarding education, health care, religion, and[…]

Custody

Custody Modification – How to Modify a Child Custody Award

Custody modification. In Michigan, a child custody determination can be modified.  The statutory authority for a court to modify a custody determination is found in Michigan Compiled Laws section 722.27(c).  In order to modify a Michigan child custody determination, the party seeking to change child custody must first provide a good basis for the modification.[…]

Michigan child custody law – can a child choose who to live with?

Michigan child custody law – can a child choose who to live with?  One question, I get asked every week is at what age can a child choose who to live with?  Not surprisingly, the question is asked after a parent determines that the child now wants to live with them. The answer to the[…]

Michigan Child Custody, Child Support and Parenting Time (Visitation) video

Michigan Divorce Education Series Michigan child custody, child support and parenting time:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering child custody, child support, and parenting time.  Key learnings and strategies are discussed.  I am hopeful you find it both empowering and educational.  A summary of the topics covered is[…]