Custody – when the trial court gets it wrong.
A trial court must follow certain steps when making a child custody determination and when the trial court fails to do so, it is the basis for an appeal.
Category: custody
What is a De Novo hearing
After the Friend of the Court makes a recommendation, either party may request a de novo hearing or a hearing “from the beginning” with the trial court judge. This right is codified in Michigan Compiled Laws section 552.507(4).
The decision to divorce
Divorce is the legal dissolution of a marriage. It is a complex and often emotional process that can have far-reaching effects on individuals and their families. The decision to divorce is never easy and it is often the result of long-standing issues within a marriage. Some common reasons for seeking a divorce include infidelity, financial[…]
Supervised parenting time
On October 20, 2022, the Michigan Court of Appeals issued its opinion in the case of Krieg v. Krieg after the trial court changed primary custody of the parties minor child to the mother and addressing the issue of supervised parenting time. The parties married in July 2014. Shortly after the parties married, father began[…]
The power of the Friend of the Court
Simply put, the power of the Friend of the Court is limited to making recommendations for the trial court to review. However, if no objections to a Friend of the Court recommendation are made, the Friend of the Court Recommendation will become an Order of the Court.
Child custody steps
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.
Can you file for custody before a child is born?
You cannot file a child custody action in Michigan before a child is born because an unborn child is not a person, rather a potential life.
Custody and parenting time law videos
Our child custody and parenting time videos have been viewed tens of thousands of times and we just added a new video.
Warning – Before you settle your divorce. A deal is a deal.
Court’s will not rewrite an unambiguous agreement negotiated and signed (or placed on the record) by consenting adults absent, fraud or duress.
Michigan custody laws – the videos
Michigan child custody law can be complex but don’t worry. We make it easy to help you understand this area of the law with the Michigan Divorce Education Series of videos on custody.
Parenting time modification and and the established custodial environment
A change in the established custodial environment occurs if parenting-time adjustments change whom the child naturally looks to for guidance, discipline, the necessities of life, and parental comfort.
Dependency exemption and divorce
In a divorce or custody case, a Michigan Court can award the dependency to either parent, even if contrary to the IRS rules.
Changing custody
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.
Parenting time agreement
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.
Motion to modify parenting time
Although the threshold requirements to modify custody or a motion to modify parenting time go by the same names, proper cause or a change of circumstance to change custody or modify parenting time have different meanings.
Change of custody – In three steps!
There is a general perception that court’s are reluctant to change custody because it can create a lack of stability in a child’s life and the perception is true.
Is there an established custodial environment?
A determination of an established custodial environment is important because a court cannot enter an order for child custody (or modify an existing order) without first determining if an established custodial environment exists and the trial court must make clear findings on this issue before deciding custody.
The most important best interest of the child factor.
The willingness and ability of each of the parties to encourage a continuing parent-child relationship with the other parent is the most important best interest of the child factor.
Proper cause to modify custody
On August 26, 2021, the Michigan Court of Appeals issued its opinion in the case of Shipley v. Shipley In this case, the father appeals the trial court’s order to modify custody and decided that there was proper cause to modify custody. The first step in modifying an existing child custody award is for the[…]
What exactly is joint custody in Michigan?
Michigan Compiled Laws section 722.26a, requires parents to be advised of joint custody and the court must consider an award of joint custody at the request of either party.
Relief from a Judgment of divorce
When property is divided in a Judgment of Divorce is typically final and non-modifiable. However, a party can petition the court for relief from a Judgment of Divorce under MCR 2.612 in certain instances.
Divorce in Oakland County
You may think that there is no difference in the divorce laws by County and you are right, sort of. Divorce law is uniform throughout the state, a divorce in Oakland County is different for a number of reasons.
Michigan Child Support Formula Manual 2021 – Change is here!
The Michigan Child Support Formula Manual an the Michigan Child Support Formula Supplement were updated. The new guidelines are effective January 1, 2021. The 2021 Michigan Child Support Formula Manual provides the formula utilized by Michigan Court’s to determine a child support obligation. With very limited exceptions Michigan Court’s may not deviate from the formula.[…]
What is a custodial parent in Michigan?
In Michigan, a custodial parent is the the parent with whom a child spends the majority of overnights with during the course of a year. This definition is similar to that used by the Internal Revenue Service when determining dependent status for tax purposes.
The role of the custodial parent in Michigan Divorce.
The phrase custodial parent is not defined in Michigan divorce or custody law. However, the term has evolved to mean the parent that is awarded the majority of parenting time in a specific Michigan divorce or custody case. Michigan statutes and case law have defined two types of custody in Michigan. Legal custody and physical[…]