Tag: joint physical custody

What exactly is joint custody in Michigan?

Posted on May 25, 2021May 25, 2021 by Daniel Findling

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.

Posted in Child Custody, custody, Divorce, Michigan Divorce Education Series, Michigan Divorce Information Tagged Findling Law, Joint custody, Joint legal custody, joint physical custody, Macomb County divorce, oakland county divorce, TheDivorceGuy Leave a comment

When legal custody won’t work. (What is physical and legal custody?)

Posted on May 13, 2019March 3, 2020 by Daniel Findling

Physical custody if Michigan is an archaic term to describe the parent that spends the majority of parenting time with a minor child. Traditionally, the parent who is awarded the most parenting time was awarded sole physical custody. So, what happened to physical custody in Michigan?, in simple terms the phrase physical custody has gone[…]

Posted in Child Custody, custody, Michigan Divorce and Family Law Articles - By: Attorney Daniel Findling, Michigan Divorce Information, Parenting Time Tagged joint custody in Michigan, Joint legal custody in Michigan, joint physical custody, Legal custody in Michigan Leave a comment

What happened to physical custody in Michigan?

Posted on September 17, 2015March 3, 2020 by Daniel Findling

What happened to physical custody in Michigan? When I began practicing divorce law almost 20 years ago the phrase “physical custody” in Michigan had specific meaning. The phrase physical custody in Michigan identified which parent a child spent the majority of the time. The other parent had “parenting time’. Things have changed. Now almost 20[…]

Posted in Child Custody, Divorce, Michigan Divorce and Family Law Articles - By: Attorney Daniel Findling, Michigan Divorce Education Series, Michigan Divorce Information Tagged Custody in Michigan, joint physical custody, Physical Custody, Physical Custody in Michigan, Primary Custodial Parent, sole physical custody 1 Comment

Joint custody in Michigan – What does it mean?

Posted on January 22, 2015March 3, 2020 by Daniel Findling

Joint custody in Michigan – What does it mean? It seems everyone wants Joint custody in Michigan these days but what does Joint custody in Michigan law really mean? We find the answer to this question in Michigan Custody Statute, Michigan Compiled Laws Section 722.26(a)(7). Parenting time or Visitation and Joint Custody in Michigan Under the[…]

Posted in Child Custody, Divorce, Michigan Divorce and Family Law Articles - By: Attorney Daniel Findling Tagged Joint custody, joint custody in Michigan, Joint legal custody, Joint legal custody in Michigan, joint physical custody, Joint physical custody in Michigan Leave a comment

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The Divorce Judges of Oakland County 2024

The 2024 Judges of Oakland County come from a diverse background and family law experience. At Findling Law, we have the great privilege of appearing before all seven of the full-time family court (divorce court) Judges of Oakland Court which are assigned cases involving divorce, custody, support and related family law matters. In this blog,[...] The post The Divorce Judges of Oakland County 2024 appeared first on 248 399 3300 Findling Law. [...]

Considering spying on your spouse? Is it legal?

Privacy is not so private anymore. It was not too long ago that the best mechanism to spy on your spouse was to hire a private investigator to monitor your spouse to provide evidence of salacious conduct or confirm your suspicions. Boy have things changed! Spying on your spouse video (c) 2024 Findling Law. Spousal[...] The post Considering spying on your spouse? Is it legal? appeared first on 248 399 3300 Findling Law. [...]

How to change custody in Michigan

A child custody decision is always modifiable. After all, circumstances change and when they do, it may warrant a change. However, it is not easy to change custody in Michigan. In fact, there are legal barriers which must be met to avoid disruptions. The legal authority to modify custody in Michigan can be found in[...] The post How to change custody in Michigan appeared first on 248 399 3300 Findling Law. [...]

Separate property Video webinar.

When property is classified as separate property, it is generally not divided in a divorce. However, there are statutory exceptions set forth in MCL 552.401 and MCL 552.23. Case law further defines separate property. The post Separate property Video webinar. appeared first on 248 399 3300 Findling Law. [...]

Frustrated and thinking about divorce?

Happiness and “in love” are not always equal. You can remain in love with your spouse and remain unhappy in your marriage. Communication, trust and forgiveness may be cornerstones to a successful marriage, however, so is happiness. After all, everyone should have a right to be happy. If you are frustrated and thinking about divorce[...] The post Frustrated and thinking about divorce? appeared first on 248 399 3300 Findling Law. [...]

Can I keep my house in a divorce?

The connection to a home can be profound. Homes serve as a backdrop for signifigant events and milestone. A home is typically associated with feelings of comfort, saftey and security. Homes can also have sentimental value, especillay if there are children involved. Homes can also have value as an investment. Which begs the question: “Can[...] The post Can I keep my house in a divorce? appeared first on 248 399 3300 Findling Law. [...]

A child custody determination?

A child custody determination is defined by statute. Specifically the Uniform Child-Custody Jurisdiction and Enforcement Act found in MCL 722.1102(c). In many instances a parenting time case or other case is actually a custody case and custody law (vs. for example parenting time law) would apply. (c) “Child-custody determination” means a judgment, decree, or other[...] The post A child custody determination? appeared first on 248 399 3300 Findling Law. [...]

The marital estate – What to divide?

The importance of understanding the nature and extent of the marital estate before reaching a settlement cannot be understated. After all, if you do not know what there is to divide, how can you determine if a deal is a good or bad deal? Lawyers obtain this information through a process called discovery. Sometimes, the[...] The post The marital estate – What to divide? appeared first on 248 399 3300 Findling Law. [...]

An introduction to parenting time

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. The post An introduction to parenting time appeared first on 248 399 3300 Findling Law. [...]

An introduction to custody

There are two types of custody. Legal custody, which describes how parents shall share decision-making authority MCL 722.27a and Physical custody describes physical care and supervision of a child. MCL 722.1102(n). The post An introduction to custody appeared first on 248 399 3300 Findling Law. [...]

Temporary custody orders

A request for a temporary custody order may be made at any time during the pendency of the case by filing a verified motion that sets forth facts sufficient to support the relief requested. (See: MCR 3.207(C)) The post Temporary custody orders appeared first on 248 399 3300 Findling Law. [...]

An introduction to divorce in Michigan

An introduction to divorce begins with the definition of divorce. “Divorce” is the legal process by which a marriage ends and changes your legal status from married to divorced. In Michigan the court will address the division of property and debts, alimony (sometimes called spousal support), and in cases involving minor children custody and parenting[...] The post An introduction to divorce in Michigan appeared first on 248 399 3300 Findling Law. [...]

How to enforce parenting time (or any order).

On October 26, 2023, the Michigan Court of Appeals issued its opinion in the case of Josey vs. Hayes. An appeal filed by Ms. Hayes after the trial court found her in contempt of court for failing to abide by a parenting time order. Althought Ms. Hayes managed to win on appeal (the trial court[...] The post How to enforce parenting time (or any order). appeared first on 248 399 3300 Findling Law. [...]

Where do you file for divorce?

MCL 552.19 provides the jurisdictional requirements to divorce in Michigan, The post Where do you file for divorce? appeared first on 248 399 3300 Findling Law. [...]

Division of the marital estate

Our experienced lawyers will help you maximize or minimize (as the case may be) what composes your marital estate. The post Division of the marital estate appeared first on 248 399 3300 Findling Law. [...]

One Minute Michigan Divorce

The Michigan divorce process may seem complicated, however, in this video we summarize the process in less than a minute. The Michigan Divorce Process Step 1: The first step in every divorce is to file a Complaint for Divorce. The Complaint for Divorce sets forth the statutory requirements to divorce in Michigan. These requirements include[...] The post One Minute Michigan Divorce appeared first on 248 399 3300 Findling Law. [...]

Child Custody Modification. Trial Court reversed.

In what appears to be a rush to judgment to protect a minor child's mental health, the trial court in the Barretta case, changed custody without following the three steps to modify child custody. The post Child Custody Modification. Trial Court reversed. appeared first on 248 399 3300 Findling Law. [...]

Custody award overturned on appeal

On June 29, 2023, the Michigan Court of Appeals overturned an an award of sole physical custody and instructed the trial court to conduct further proceedings in the case of Bitar v. Baroody. In this case, the trial court granted the mother sole physical custody with the father having parenting time every other weekend. However,[...] The post Custody award overturned on appeal appeared first on 248 399 3300 Findling Law. [...]

Who pays attorney fees in divorce?

There are three different laws governing who pays attorney fees in divorce. MCR 3.206(D), MCL 552.13 and Common Law. The post Who pays attorney fees in divorce? appeared first on 248 399 3300 Findling Law. [...]

Can you agree on Custody?

While agreements on custody are usually "rubber stamped" and approved by the court, the court must make an independent determination that the agreement is in the best interest of the minor child. However, you can agree on parenting time. The post Can you agree on Custody? appeared first on 248 399 3300 Findling Law. [...]

Michigan Parenting Time Guidelines

In Michigan, the parenting time statute provides that parenting time shall be granted in the best interest of the child. The State Court Administrative Office publishes the guidelines for parenting time which is directed to help Friend of the court's around the State. Each county also has their own guidelines. We help you understand what you need to know. The post Michigan Parenting Time Guidelines appeared first on 248 399 3300 Findling Law. [...]

Is Michigan a 50/50 state in divorce?

Take two long term marriages with the exact same marital estate. The first marriage is 30 years and the parties lived as husband and wife. The second marriage is 30 years and the parties have not seen each other for 29 years. Obviously it would not be equitable (fair) to treat both of these cases the same. In the first example, a 50/50 division would seem appropriate, but not in the second example. The post Is Michigan a 50/50 state in divorce? appeared first on 248 399 3300 Findling Law. [...]

Divorce in Michigan – Everything you need to know

Marriage struggles are real and sometimes things just don’t work out the way you plan. If your unhappy and are considering a divorce in Michigan, here is everything you need to know. Sometimes things don’t get better. However, the proverb “knowledge is power” can help you take control of your situation with a fresh start[...] The post Divorce in Michigan – Everything you need to know appeared first on 248 399 3300 Findling Law. [...]

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. [...]

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