Tag: MCR 2.311

Child custody and and the health of the parties

Posted on June 12, 2025June 12, 2025 by Daniel Findling

Both child custody and parenting time decisions involve an anaylis of the statutory 12 best interest factors set forth in Michigan Compliled Laws section 722.23. One of the best interest factors (factor g), examines the health of the parties. It makes sense to consider a parents health in deciding a child custody case. After all,[…]

Posted in Child Custody, custody, Divorce, Michigan Divorce Education Series, Michigan Divorce Information Tagged Best interest of the Child, custody, daniel findling, Findling Law, Health of the parties, MCR 2.311, oakland county divorce, TheDivorceGuy Leave a comment

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Child custody and and the health of the parties

A new Child Custody case

On May 21, 2025, the Michigan Court of Appeals issued its opinion in a new child custody case. The case of Bishop vs. Taylor, a case which was originally decided by the Washtenaw County Circuit Court. The issue in this case was an order granting sole legal custody of the minor children to Ms. Bishop,[...] The post A new Child Custody case appeared first on 248 399 3300 Findling Law. [...]

Child Custody Modification reversed video.

On April 9, 2025, the Michigan Court of Appeals issued a decision requiring the trial court to revisit a case for failing to follow the correct procedure when someone requests a child custody modification, in the case of Nicholas Daniel Letizio vs. Olivia Paul Fachett, the trial Court denied Nicholas’s request without first making a[...] The post Child Custody Modification reversed video. appeared first on 248 399 3300 Findling Law. [...]

Who gets the dog in divorce?

Some people love their dog more than thier spouse in the best of times. When divorcing, the dog (cat, bird, or other pet) can become more important. provide love, comfort and security. Which begs the question: “Who gets the dog in divorce?” Some issues in a divorce are easy, like who gets the lawnmower or[...] The post Who gets the dog in divorce? appeared first on 248 399 3300 Findling Law. [...]

Suspending Parenting Time

On January 17, 2025, the Michigan Court of Appeals issued its opinion in the case of Lisa Jenson vs. Stephen Thiel. Stephen requested reversal of the trial court’s order awarding Lisa sole legal custody of the parties’ minor child and suspending parenting time for Stephen. The parties married in 2011 and had one minor child.[...] The post Suspending Parenting Time appeared first on 248 399 3300 Findling Law. [...]

Spousal support and fault – The Maynard story.

On January 29, 2025, the Michigan Court of Appeals issued its opinion the case of Criag vs. Marcy Maynard. The Maynard story goes like this. The parties married in 2006 when Craig was 64 and March was 60. When the parties married, Marcy moved into Craigs home he purchased before marriage. Marcy worked three part[...] The post Spousal support and fault – The Maynard story. appeared first on 248 399 3300 Findling Law. [...]

Burden of proof in a custody case.

The burden of proof is another way of saying: “How much you have to prove something”. If asked, most people know the burden of proof in a criminal case, which is ‘beyond a reasonable doubt’. Beyond a reasonable doubt is the universal common law rule which limits the governments power to convict someone of a[...] The post Burden of proof in a custody case. appeared first on 248 399 3300 Findling Law. [...]

Fault and the division of property.

On December 20, 2024, the Michigan Court of Appeals issued its opinion in the case of Julie Weber vs. Lucas Weber. Julie and Lucas married in 2012 and lived with their two minor children on a 20-acre farm where they grew crops and raised cattle. However, things on the farm became unsettled. The parties separated[...] The post Fault and the division of property. appeared first on 248 399 3300 Findling Law. [...]

Meet the 2025 Judges of Oakland County Divorce Court

Divorce is a challenging and emotional process, and navigating the legal system can feel overwhelming. For residents of Oakland County, Michigan, understanding the role of the Judges of Oakland County Divorce Court is essential to effectively managing this life-changing event. This blog post provides valuable insights into the Divorce Court judges of Oakland County, including[...] The post Meet the 2025 Judges of Oakland County Divorce Court appeared first on 248 399 3300 Findling Law. [...]

The ultimate guide to parenting time schedules after divorce.

Divorce is never easy, especially when children are involved. One of the most important aspects of post-divorce life is determining a parenting time schedule that works for everyone. Establishing a fair and effective schedule can reduce conflict and help children adjust to their new reality. In this blog, we’ll examine everything you need to know[...] The post The ultimate guide to parenting time schedules after divorce. appeared first on 248 399 3300 Findling Law. [...]

What you need to know before you settle a divorce?

When navigating the complexities of divorce, one of the most critical aspects to address is the division of the marital estate. Whether you’ve been married for a few years or decades, understanding the full scope of your marital estate before settling a divorce is essential to know before you settle a divorce to ensure a[...] The post What you need to know before you settle a divorce? appeared first on 248 399 3300 Findling Law. [...]

Property recieved after divorce

As a general proposition, only property acquired by reason of the marriage (and during the course of the marriage) is divided in a divorce. However, there are circumstances when property received after divorce is also divided. For example, your spouse may have a bonus that was earned during the marriage but paid after the parties[...] The post Property recieved after divorce appeared first on 248 399 3300 Findling Law. [...]

Divorce Law in Michigan: What You Need to Know for a Smooth Transition

Divorce can be an emotional and stressful experience, and when the legal process is involved, it can quickly become overwhelming. For those going through a divorce in Michigan, it is crucial to understand how Michigan divorce laws work and what steps you need to take to protect your rights and ensure the process goes as[...] The post Divorce Law in Michigan: What You Need to Know for a Smooth Transition appeared first on 248 399 3300 Findling Law. [...]

Before you settle a divorce case.

If you are stuck in your situation and want out, you may want to settle your divorce quickly. Divorce can be one of the most challenging times in your life, and your decision to move on with your life without your spouse may be best. Once issues relating to kids, custody and support are resolved[...] The post Before you settle a divorce case. appeared first on 248 399 3300 Findling Law. [...]

New Child Support laws for 2025

Every couple of years the Michigan Child Support Formula manual is updated. In this blog we are going to review the list of major changes or the new child support laws for 2025. Deviation from the child support formula in 2025 The first new child support laws fo 2025 concern deviation from the formula. Simply[...] The post New Child Support laws for 2025 appeared first on 248 399 3300 Findling Law. [...]

Communication during divorce

Good communication can be a foundation to understand and address issues that may be of concern for parents with children going through a divorce. Sharing information regarding school work, doctor appointments and extracurricular activities can help foster and encourage a good parent child relationship with both parents. Unfortunately, good communication during divorce can be complicated[...] The post Communication during divorce appeared first on 248 399 3300 Findling Law. [...]

Granting sole legal custody

Granting sole legal custody to a party is not very common, however there are facts and circumstances sufficient to do so. Unlike parenting time, which defines the frequency and duration each parent spends with a child, legal custody describes decision making authority. The law defining legal custody can be found in Michigan Compiled Laws, section[...] The post Granting sole legal custody appeared first on 248 399 3300 Findling Law. [...]

How to change spousal support?

The statutory right to modify spousal support is outlined in MCL 552.28, “. . . the court may revise and alter the judgment, respecting the amount or payment of the alimony” but the statute does not provide how to change spousal support? “The object in awarding spousal support is to balance the incomes and needs of the **302 parties so[...] The post How to change spousal support? appeared first on 248 399 3300 Findling Law. [...]

What is an Ex Parte Order?

“Ex Parte” is a latin phrase every law student learns in the first year of law school and literally means: “on one side only” or “by or for one party”. An ex parte order is a court order entered by only hearing one side of a case instead of both sides. Unlike an Order entered[...] The post What is an Ex Parte Order? appeared first on 248 399 3300 Findling Law. [...]

Fault, divorce and property division.

On September 23, 2024, the Michigan Court of Appeals issued its opinion in the case of Qualls vs. Jenkins. In this case, the husband appealed the trial court determination that he was at fault during the course of the marriage when dividing marital property. The most important case that describes how property is divided in[...] The post Fault, divorce and property division. appeared first on 248 399 3300 Findling Law. [...]

Motion to Modify Parenting Time to play baseball denied.

On September 12, 2024, the Michigan Court of Appeals issued its opinion in the case of Curtis vs. Curtis. At trial, Mr. Curtis filed a Motion to Modify Parenting Time and his Motion to allow the children to play travel baseball and his request was denied. He requested appellate review. The parties divorced in September[...] The post Motion to Modify Parenting Time to play baseball denied. appeared first on 248 399 3300 Findling Law. [...]

The decision to move out of the house.

You made the decision your marriage is over and you want out. Michigan law does not require you to stay in the house during a divorce. You may want to avoid conflict or simply begin the process of moving on. However, you should consider the following before deciding to move out. First, there are financial[...] The post The decision to move out of the house. appeared first on 248 399 3300 Findling Law. [...]

When is a divorce settlement final?

Suppose a client comes into your office expressing buyer’s doubt, buyer’s remorse, regret, or simply that sinking feeling experienced a few hours or days after settlement. The client has changed his/her mind. Typically, the client is seeking a second opinion, having lost confidence in his/her lawyer. Most lawyers want to make their clients happy. However,[...] The post When is a divorce settlement final? appeared first on 248 399 3300 Findling Law. [...]

When parents agree on parenting time.

Divorce can be a highly stressfull exerience for parents and children alike. One of the most stressful issues is often the frequency and duration each parent spends with a child (parenting time). When parents agree on parenting time terms, this stress is often minimized. Parenting time in Michigan is governed by statute. Specifically, Michigan Compiled[...] The post When parents agree on parenting time. appeared first on 248 399 3300 Findling Law. [...]

Parenting time provisions

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[...] The post Parenting time provisions appeared first on 248 399 3300 Findling Law. [...]

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