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best interest of child factors

What is really in your child’s best interest?

You learn some big words in law school.  Take for example the law school phrase, res ipsa loquitur, which is a legal principle that an occurrence of an accident implies negligence or escheat, which involves the forfeiture of property. While the phrase best interest of a child seems simple enough, applying the concept of what is[…]

Can a child choose

Every other weekend parenting time not enough? – The case of Medford v. Verkade

In the recent case of Medford v. Verkade, the trial court entered an opinion and order awarding full legal and primary physical custody of the parties’ minor child to the father (Mr. Medford). The trial court also awarded limited parenting time to the mother. Specifically, every other weekend, three nonconsecutive weeks per year, and certain holidays.[…]

Court ordered therapy

Court ordered therapy does not modify parenting time.

On December 12, 2017, in the case of Ludwig v. Ludwing, the Michigan Court of Appeals issued an opinion for publication which is a pretty big deal. Unlike an unpublished opinion which is advisory, published opinions must be followed by every trial court in Michigan. The opinion determined that Court ordered therapy between a parent[…]

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.[…]

Parallel Parenting

Parallel Parenting: When You Just Can’t Co-Anything Anymore

You’ve probably heard of co-parenting, a term used to describe the situation in which a child’s parents are no longer married or living together. These parents are no longer together as a couple, but they work together to parent the child. But, what happens when the conflict between the parents is really high? They really[…]

Holiday parenting time

All I want for Christmas is holiday visitation

The Christmas (Hanukkah, Kwannzaa . . .) holidays give plenty of reasons to be stressed out.  Add a holiday visitation dispute to the season and the stress level can reach epic proportions. Holiday visitation in Michigan is governed by Michigan Compiled Laws section 722.27a which provides that visitation shall be granted in accordance with the[…]

Co-parenting

Creating a Co-Parenting Plan

Co-Parenting Plan One of the biggest challenges in a divorce is the determination of how time with the child (or children, as the case may be) will be split between the parents. A written document outlining how the parents will raise the child after divorce (and, sometimes, after separation), is called a co-parenting plan, visitation,[…]

Best Interest Factors

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

Custody in Michigan – Best interest of the child factor (h) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (h).  Best interest of the child factor (h) addresses the home school and community record of the child. Not every child is the perfect[…]

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

Custody in Michigan – Best interest of the child factor (e) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (e). Best interest of the child factor (e) examines the permanence, as a family unit of the proposed custodial home or homes.  Best interest[…]

Birthday parenting time

Michigan parenting time and the child’s birthday

Michigan parenting time and the child’s birthday Parenting time in Michigan time governs the times and frequency parents spend with their children.  In a perfect world, parents get along and a parenting time order could read something like:  “The parents are awarded liberal and frequent parenting time”.  Since we do not live in a perfect[…]

Reasonable parenting time in Michigan

Reasonable parenting time in Michigan. Michigan divorce and Michigan custody law provides that children have a right to a relationship with both parents.   This is sometimes accomplished with an award of liberal and reasonable parenting time in Michigan for the parents or a specific reasonable parenting time schedule. Absent an agreement by the parties, the[…]

Michigan Custody and Support in Divorce Cases

Michigan legal custody – What to do when you cannot agree?

Michigan legal custody – What to do when you cannot agree?  By:  Daniel Findling Most divorce cases end with both parents being awarded joint legal custody.  “Joint legal custody” means both parents are entitled to equal access and input to the educational, medical, religious needs of the child.  With joint legal custody parents must jointly[…]

Christmas parenting time (visitation) after divorce?

Christmas parenting time (visitation) after divorce:  More than 8 out of 10 Americans anticipate stress during the holiday season according to the American Psychological Association. (http://www.apa.org/helpcenter/parents-holiday.aspx)  The stress felt by individuals during or after a divorce is probably higher, especially during Christmas. In Michigan, the divorce and custody court give the parties leeway in fashioning[…]

Parenting Time in Michigan (Visitation law) [video]

Parenting time in Michigan (visitation law):   What does Michigan law provide?  How can you modify parenting time in Michigan? Want more than the basics? Click the button. Parenting time and visitation mean the same thing under Michigan law.  The statute, MCL 722.27(a) uses the term visitation to describe the frequency and duration a parent spends[…]

Child custody evaluation video – Are you ready to take the test?

Child custody evaluation:  A child custody evaluation is on the horizon?   Are you ready to take the test? While most child custody evaluations are accomplished with the assistance of the Friend of the Court, courts and clients often utilize an independent clinical or forensic psychologist to conduct a child custody evaluation, typically, a PhD.[…]

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[…]

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