The first step is a threshold question which asks, what has changed since the entry of the last court order under Vodvarka; The second step requires determining the existence of an established custodial environment and the burden of proof. The third step is to apply the best interest factors using the appropriate burden of proof.
Visitation and parenting time mean exactly the same thing under Michigan law. The term visitation is old and more appropriate for visiting someone in prison than enjoying time with a child. Some time ago, in an effort to avoid marginalizing or insulting a parent, courts began replacing visitation with the term parenting time, a kinder[…]
There are nine parenting time factors a court should consider when determining the frequency, duration and type of parenting time to be granted. The factors are set forth in MCL 722.27a(7)(a-i
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.
MCL 722.27a(2): If the parents of a child agree on parenting time terms, the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child.
In 2012, we envisioned a divorce video education series which evolved into the The Michigan Divorce Education Series by Findling Law. The idea was to provide quality information (more than just the basics with case law and statutory support) on Michigan Divorce, Custody, Alimony and support.
There are two paths in every divorce, the emotional path and the legal path. We trust that you understand how you feel. We help you understand the law.
Prior to suspending parenting time of a party, the trial court must hold an evidentiary hearing and find by clear and convincing evidence that continuation of parenting time would endanger the child’s physical, mental, or emotional health. Rozek v Rozek, 203 Mich App 193, 194-195; 511 NW2d 693 (1993).
You should still exercise parenting time during the Shelter in Place Order if safe to do so. See: Section 7(b)(4) of Governor Whitmer’s Shelter in Place Order.
With over 100,000 views, the Michigan Divorce Education Series provides information that matters to you most.
Most people will do anything for their children. Unfortunately, when a relationship is on the rocks child custody may become an issue. So, how do you get child custody in Michigan? We provide answers to this question and explore many of the nuances in Michigan child custody law. How to get child custody in Michigan[…]
Most divorce and custody cases include an award of joint legal custody. As a joint legal custodian, both parents share equally in major decisions involving a minor child and one of those major decisions is the choice of school a child should attend. If a dispute arises, here are the nitty gritty details on choice[…]
The decision to divorce is not easy. After all, you committed to stating married “for better or worse”. While some people get married for the wrong reason, others were once built on love and mutual respect which has evolved to disdain and conflict. How to make the decision to divorce? The decision to divorce –[…]
You successfully settled your divorce case when you wake up the next morning with regret, buyer’s remorse, or simply that sinking feeling experienced about what you just did. Can you change your mind after settlement? The first step in the analysis is determining if your settlement is in fact a contract. Was there an offer[…]
Discovery is the formal process by which you “discover” information relevant to the case. In a Michigan divorce, custody or family law case, discovery is conducted in three ways. First, Interrogatories (think Interrogate) which are written questions which must be answered under oath and subject to the felony of perjury. Second, a Subpoena, which is[…]
In a recent report by ABC news, Rebecca Bredow indicated that she would “absolutely” rather go to jail than vaccinate her son. Her former husband, on the other hand wants to follow a regular vaccination schedule and she is refusing to do so. The American Academy of Pediatrics consider vaccinations safe, effective and the most[…]
Figuring out how to change custody in Michigan can be complicated. To make things less complicated, we created the “How to change custody in Michigan checklist” to help you navigate the process. How to change custody in Michigan – The checklist. You cannot just show up to court anytime you want to change custody in[…]
When is a deal a deal? Settlements. I was recently approached by the editors of the Michigan Family Law Journal to write a monthly column on Michigan Divorce and Family Law. The Michigan Family Law Journal is a publication of the State Bar of Michigan Family Law Section and serves as “Family Law Council’s forum to[…]
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[…]
It’s called parenting guilt, and all parents feel it at one time or another. In fact, the best of parents in the most secure relationships with excellent financial and emotional security can feel it. So, if you’re in the process of divorce or are newly divorced, it’s not unusual to feel like a parenting failure.[…]
The Brady Bunch got it right when they sang the once well-known verse of their hit single: “When it’s time to change, you’ve got to rearrange.” However, in custody cases, change does not always come easy. In fact, Michigan custody modification law makes it difficult to “rearrange” custody if the change is really big. By[…]
Resolving your holiday visitation and custody schedule is yet another element of separation and divorce that needs to be settled, and survived. In a recent article, we explained how holiday visitation is resolved in Michigan. The holiday custody schedule might end up being very different from what you were expecting. How can you cope when[…]
This article on where to find divorce help in Oakland County was inspired by the Oakland County Friend of the Court handout with the same title and I felt sharing it worth sharing with our audience. Divorce help in Oakland County at Findling Law While I recognize I may be stating the obvious, you can[…]
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 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,[…]