Michigan Child Custody – Articles & Videos – Michigan divorce attorney
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[…]
The threshold requirement for custody modification was recently addressed by the Court of appeals in the case of Reyes v. Herron. The threshold requirement is proper cause or a change of circumstances. In Reyes v. Herron, Mr. Herron took an appeal from the trial court’s order denying his motion to change custody, parenting time and[…]
Can you have your spouse pay your attorney fees for a divorce or other family law case? The answer is yes! When someone starts to think about divorce, one of the first questions they have is how much is it going to cost? The cost of a divorce varies with the complexity of the case[…]
When a soon to be ex has a newborn child a Michigan divorce or Michigan child custody case can become more complicated, especially when the mother is breastfeeding. Breastfeeding and the Tender Years doctrine The Tender Years Doctrine is a legal principle from old English Common Law. The doctrine presumed that a child’s “tender years”[…]
Generally speaking, family law is notorious for high-conflict with emotions running high. Some cases involve thousands of dollars being spent purely out of spite or “principle.” When children are involved, parents sometimes put them in the middle of the dispute and exercise them as leverage. In short, some cases are incredibly difficult – both emotionally[…]
Last week, trials in divorce matters were considered. As so many cases conclude with settlement, rather than litigation, this week’s discussion turns to mechanisms for getting a joint resolution. Settlement Negotiations In a sense, human beings learn to negotiate their entire lives. Within a divorce context, parties often discuss terms of their case with one[…]
Need someone to lean on during divorce? It may come as no surprise that a divorce may bring difficult times. The parties involved, the family, and even close friends may feel the impact of the process. You likely need someone to lean on. Emotions can range from relief, to despair, to anger, to hurt, to frustration,[…]
According to the National Center for Missing & Exploited Children there were 456,676 entries for missing children in 2016 about ½ of all of the entries involve parental kidnapping. The NCMEC reports 203,000 children are victims of parental kidnapping. The law is clear, parental kidnapping is a serious crime. In this article, we will examine parental[…]
On December 7, 2017, the Michigan Court of Appeals issued an opinion regarding a father’s claim for attorney fees in a Michigan family law case. In the case of Girdis v. Girdis, the mother took an appeal of the trial court’s ruling granting the father attorney fee. The award of attorney fees was in response[…]
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[…]
When a court enters an order, the power to enforce the order is by a finding of contempt of court and violating a court’s order is not a child’s game. Contempt of court is the willful failure to obey a court’s order and can be punished by a civil penalty (money), criminally (jail) and sometimes[…]
On October 17, 2017, the Michigan Court of Appeals issued an opinion in the case of Jaroh v. Jaroh. After the parties signed a settlement agreement at mediation. However, before the court entered the Judgment of Divorce, the wife filed a motion to set aside the settlement agreement, claiming the terms were not fair, duress[…]
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.[…]
Macomb County Circuit Court – Family Division: At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan. One of these courts is the Macomb County Circuit Court. The Macomb County Circuit Court – Family Division is simply known as the Macomb County Divorce Court. The Macomb[…]
Sometimes the Court of Appeals refuses to make a decision and directs the trial court to do so before making a decision. Such was the outcome in the case of Karungi v. Ejalu, which is case involving custody of an embryo. Gloria Karungi and Ronald Ejalu are the parents of a daughter who was naturally[…]
On September 21, 2017, the Michigan Court of Appeals reviewed the case of Christopher Gucwa v. Maranda Lee. Miranda asked the Court of Appeals to review the dismissal of her Motion to change custody. A Motion is a term of art used in the legal profession to ask the court to do something and Miranda[…]
Regardless of whether you think that your life was better or worse before your divorce, you’re still left with a lingering set of emotions as you maneuver your way through the process. These emotions – this baggage – can be holding you back from finding happiness again. Consider how losing the emotional baggage can help[…]
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[…]
On August 22, 2017, the Michigan Court of Appeals in the case of Roe v. Roe upheld the trial court’s decision to change child custody from the mother to the father. In the Roe case, the parties married in 2006, separated in 2010, and divorced in 2014. The father is a soldier in the United[…]
When a trial court is faced with a request to change child custody, it must first make a determination if there is proper cause or a change of circumstances since the last child custody order. If a court determines that there is proper cause or a change of circumstances then the trial court must conduct[…]
Imagine getting divorced and learning you finally got that promotion. However, the promotion requires you to change your legal residence to California? Maybe the shoe is on the other foot. What if you just got divorced only to learn your ex wants to move to California? There is nothing illegal about changing legal residence. In[…]
What happens when you make a mistake in a Judgment of Divorce? The answer is it depends. If both parties agree, a mistake is easily corrected. However, if the mistake favors one party, it is not always easy. In the case of Amante v. Amante, Mich App. Case No. 331542, the parties entered into a[…]
With a population of 21,000 people, Marquette Michigan may be considered a small town, however for the parties in Lessard v. Londo, Michigan Court of Appeals Docket No. 336156, the small town was home to a big problem involving the best interest of the child, age 16 months. Mr. Lessard met Ms. Londo on the[…]
On June 13, 2017, the Michigan Court of appeals issued a published opinion on Grandparent time. In the case of Geering v. King et. al., Mich. App. No. 335794, the trial court made a determination that the biological parents were unfit and that grandparent time was in the children’s best interest notwithstanding the biological parent’s[…]
Divorce can be a difficult experience, especially for kids. This can be a time when your child is truly struggling – with academics, personal relationships, or managing emotions and behaviors. A little extra help in dealing with this new situation can make all the difference. But, who do you turn to? Counselors, social workers, psychologists[…]