motion to change custody

Child custody laws in MI

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[…]

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Joint legal custody in Michigan

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[…]

Self employed child support

Michigan child support and the self employed

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[…]

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[…]

The case of Fault in Michigan divorce – Property division

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[…]

Fundamental Right

The fundamental right to parent

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,[…]

Tracking device

I have this GPS tracking device . . . and Michigan divorce law

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[…]

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We are just living together – Common law marriages and Michigan divorce law

We are just living together – Common law marriages and Michigan divorce law:  More people are choosing not to marry, and well, just live together.  For some, marriage is the end of freedom – after all, marriage is supposed to be forever.  Others choose to live together in monogamous relationships and consider marriage merely a[…]

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Non-modifiable alimony

Non-modifiable alimony Under Michigan divorce law the parties have a statutory right to modify alimony or spousal support.  This statutory right can be found in MCL 552.28.  This statute specifically allows on the petition of a party that a court may revise an alimony award. Notwithstanding the statutory right to modify alimony, your Michigan divorce[…]

Dependent tax exemption

Taxes and divorce or separation

Taxes and divorce or separation:  The tax rules that apply to divorce and separated individuals can be complex.  In fact, the Internal Revenue Service has a 29 page publication on the subject.  The publication for use in preparing your 2013 income tax returns can be found here:  http://www.irs.gov/pub/irs-pdf/p504.pdf. Most Michigan divorce lawyers get nervous when[…]

Custody

Custody Modification – How to Modify a Child Custody Award

Custody modification. In Michigan, a child custody determination can be modified.  The statutory authority for a court to modify a custody determination is found in Michigan Compiled Laws section 722.27(c).  In order to modify a Michigan child custody determination, the party seeking to change child custody must first provide a good basis for the modification.[…]

The formal Michigan divorce process – Divorce Steps

The formal Michigan divorce process – Divorce Steps:  In Michigan, a divorce follows a formal process and our Michigan divorce attorneys understand the steps and can help you navigate the process without turbulence.  The divorce steps for a Michigan divorce are as follows: Divorce steps – One:  Prepare and file Complaint for divorce and ex[…]

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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[…]

Does it matter who files for divorce first? [Video]

Does it matter who files first?  The question, “does it matter who files for divorce first?”  There is both a legal and emotional answer to this question. Earlier this year, I wrote an article on the emotional component of a divorce.  See:  https://www.thedivorceguy.com/the-emotional-divorce/.   One question always seems to have an emotional component. From a legal perspective,[…]

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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.[…]

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Divorce Settlement video – How to settle a Michigan Divorce case

How to settle a divorce case The majority of Michigan divorce cases settle.  This article and video addresses hot to settle a Michigan divorce case and is part of the Michigan Divorce Education Series by Findling Law.                              Let our exceptional legal[…]

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Discovery and Michigan divorce video

Discovery and Michigan divorce:  Almost every Michigan divorce case settles.  However, not every settlement is fair.  The best way to insure a good settlement is proper preparation and discovery is the formal process by which lawyers prepare a case for trial or settlement. Discovery is used to “discover” evidence that is relevant to your case. […]

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Michigan divorce planning video – What to do before you file

Michigan Divorce Education Series Michigan divorce planning:  Before you have the “talk”, it might be in your best interest to sit down and talk with a qualified divorce specialist.  Proper divorce planning can play an important role in not only how much your divorce case will cost but how stressful the process will be. Before[…]

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Michigan Legal Separation video (separate maintenance, post nuptial and divorce)

Michigan Divorce Education Series Michigan legal separation:  “Honey, we have to talk.”   These words can be a cause for concern, or even lead to divorce.  Many people struggle with the decision to divorce.  Michigan law provides alternatives to divorce, including legal separation.  The webinar provides a comprehensive look at Michigan legal separation agreements. In[…]

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Moving with children video (Changing domicile and Michigan divorce)

Michigan Divorce Education Series Moving with children:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering changing domicile (moving with your minor children).  Key learning’s and strategies are discussed.  I am hopeful you find it both empowering and educational.  (run time – approx.  6 minutes) Michigan divorce law does not prohibit[…]

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Michigan Divorce Formal Process video – divorce steps

Michigan divorce steps:  This video is a complete – everything you need to know – explanation of Michigan law and strategy covering the steps of a divorce.  The basic and not so basic divorce steps are discussed and explained.  I am hopeful you find it both empowering and educational.  A summary of the topics covered[…]

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Michigan Property division video

Michigan Divorce Education Series – Property division Divorce in Michigan  – Property Division:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering property division.  Key learnings and strategies are discussed.  I am hopeful you find it both empowering and educational.  A summary of the topics covered is provided below.  (run time[…]

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Michigan Alimony and Spousal Support video

Michigan Divorce Education Series Divorce in Michigan – Alimony and Spousal support:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering alimony / spousal support.  Key learnings and strategies are discussed.  I am hopeful you find it both empowering and educational.  A summary of the topics covered is provided below.  (run[…]

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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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