Child Custody in Michigan – Do not make it the kids fault. A divorce or custody in Michigan case impacts more than the parents. It impacts the children. In times of change, it is important to protect children from a pending divorce or custody in Michigan case. Parents should remember that a divorce or custody[…]
The case of the engagement ring and Michigan divorce. Here are the facts: A man and woman were engaged in August of 1996, at which time the man gave his fiancé a custom designed engagement ring that he purchased for $19,500.00. However, when the man asked the woman to sign a pre-nuptial agreement, the women[…]
A business valuation in a Michigan divorce is important in making sure the division of the marital estate is fair. After all, if you do not know the value of an asset, any proposed division is just a guess. Michigan divorce lawyers often employ an expert accountant to conduct a business valuation in a Michigan[…]
Attachment theory describes the emotional bonds a child develops to other people and the impact the bonds have on development. Attachment theory in psychology originates from a London psychiatrist named John Bowlby and his treatment of emotionally abused children. In 1958, Dr. Bowlby developed the notion that early separations of a child with their mother[…]
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[…]
The relationship between custody and child support in Michigan Traditionally, the relationship between custody and child support in Michigan was intimate. A change custody would result in a change in child support. Many people still believe this to be the case. However it is not. Custody and child support have little in common because physical[…]
Can a child decide where they want to live? Michigan child custody law is governed by Michigan Compiled Laws section 722.23 often called the best interest factors. Factor (i) of the best interest factors provides that a court should consider the reasonable preference of the child, if the court considers the child to be of[…]
Divorce attorney fees – getting your spouse to pay. By: Daniel Findling Divorce attorney fees – getting your spouse to pay. Quality representation is not always cheap. A common question is can you get your spouse to pay for your divorce attorney fees? The answer is yes. Michigan divorce law provides authority to request the[…]
Physical custody in Michigan: By: Daniel Findling Physical custody in Michigan explained. Unlike legal custody, which awards a parent with access to the educational, medical, religious and other pertinent records of the child. Physical custody in Michigan is not easily defined. The problem with defining Physical custody in Michigan arises from the current child custody[…]
No fault divorce in Michigan By: Daniel Findling No fault divorce in Michigan became effective on January 1, 1972. The no fault divorce in Michigan statute is located in Michigan compiled laws section 552.6 and provides that a divorce may be filed upon the allegation that there is a “breakdown of the marriage relationship to[…]
Interrogatories – Asking questions in a Michigan divorce By: Daniel Findling In preparing a divorce case in Michigan, your Michigan divorce attorney should conduct discovery on your behalf. Discovery is the process by which lawyers obtain answers to questions under oath and subject to the penalty of perjury. The three major types of discovery are[…]
The Selfless Divorce. By: Daniel Findling Divorce is sometimes described as a selfish act, especially when children are involved. How many times have you heard or been a participant in a conversation like this: “Did you hear ______ is getting a divorce . . . I feel so bad for the children . . .[…]
The following guide is provided as an outline of child custody laws in MI. Our Michigan divorce attorneys have provided the following guide to help you understand what every parent should know about child custody laws in MI. When a child is involved in a divorce the energy often rises. Parents have to deal with[…]
Michigan divorce and domestic spying Is somebody watching me or am I just paranoid? Michigan divorce and domestic spying. By: Daniel Findling In Michigan, fault can play a role in an alimony award, property division and even child custody cases. Our Michigan divorce team has written several articles on the issue of fault: Michigan divorce[…]
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[…]
I received a phone call from an attorney (not related to my firm) this morning requesting assistance on determining income for child support purposes from a self employed individual. His client’s ex-husband was a self employed truck driver grossing $160,000.00 per year. However, after deductions, his income was significantly less. One deduction appeared questionable, the[…]
Something is not right . . . should I hire a private investigator? By: Daniel Findling (c) 2014 When people think of a private investigator they might think of Magnum PI or an anonymous looking person sitting in a car, eating a cheese burger while trying to catch a cheating spouse in the act. Reality[…]
Michigan child custody and parenting time – The moral fitness of the parties. By: Daniel Findling In every parenting time and custody case in Michigan, the court is required to evaluate the best interest of the children. Michigan adopted the Child Custody Act and requires a court to consider the best interest of a child.[…]
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[…]
Michigan income withholding order – How much can the court take? By: Daniel Findling When a Michigan divorce court or Michigan custody judge enters an Order for a party to pay alimony (spousal support) or child support, the payor is required to pay the money or suffer the consequences of enforcement. The most common enforcement mechanism[…]
Support security – Securing the future payment of support: By Daniel Findling – Divorce always involves change and an important change in almost every Michigan divorce or legal separation in Michigan is financial. For many, child support payments and alimony payments (spousal support) are an important financial component in moving forward after a divorce or[…]
The case of fault in Michigan divorce. By Daniel Findling: In prior articles we explored the notion of fault in Michigan. Fault in Michigan is relevant. Michigan is both a fault and a no fault State. The grounds for a divorce in Michigan are no-fault, however fault can play a role in addressing issues of[…]
Michigan divorce settlement agreement: – When can you change your mind? Careful consideration should be taken before entering into a settlement agreement. As once a settlement agreement is reached you usually cannot disavow it merely because you have a change of heart. Courts must uphold divorce property settlements reached through negotiation and agreement of the[…]
Is the right to parent a fundamental right? The answer is yes! The 14th Amendment’s due process clause of the U.S. Constitution protects “life, liberty or property”. Fundamental rights are rights so important that the U.S. Constitution provides for heightened protection against government interference. Without this heightened protection against government interference, States could could infringe on “life,[…]
I have this tracking device . . . and Michigan divorce law: As a Michigan divorce lawyer, I recognize that it is not uncommon for a spouse to use a GPS tracking device to validate their suspicions of an affair. Consumers can now have access to devices previously only accessible by governmental agencies, the police[…]