How to prevent parental kidnapping in Michigan

How to prevent parental kidnapping in Michigan. It is not uncommon for a parent to kidnap their own child.  Maybe they lost custody or are angry and want to hurt the other parent.  Whatever the case, parental kidnapping is a federal crime and a crime in Michigan.  In many cases, parental kidnapping can be prevented.[…]

UCCJEA

The UCCJEA in Michigan: Transferring custody to Michigan

The UCCJEA in Michigan:  Transferring and enforcing an out of state custody determination The Uniform Child Custody Jurisdiction Act (“UCCJEA in Michigan”) provides that the home state of a child has exclusive and continuing jurisdiction for child custody litigation.  So what happens if the home state of the child changes? For example, if the parents[…]

Custody in Michigan – Best interest of the child factor (e)

Custody in Michigan – Best interest of the child factor (e) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (e). Best interest of the child factor (e) examines the permanence, as a family unit of the proposed custodial home or homes.  Best interest[…]

Divorce tricks

The top five dirty divorce tricks

   The top five dirty divorce tricks Divorce can be coupled with anger, jealousy and other deep emotional triggers.  These triggers can result in revengeful gamesmanship or greed.  Some spouses will use every trick in the book to win at all costs. 1.  Conflicting out top attorneys: It is important to hire a top attorney[…]

Custody in Michigan – Best interest of the child factor (d)

Custody in Michigan – Best interest of the child factor (d) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (d).  Best interest of the child factor (d) examines the length of time a child has lived in a stable, satisfactory environment, and[…]

The Friend of the Court Referee

The Friend of the Court Referee A Friend of the court referee is appointed by the chief Judge to assist in Michigan divorce, custody and domestic relations cases.  A Michigan Friend of the Court Referee power is defined in Michigan Compiled Laws Section 552.507. Michigan law (MCL 552.507) provides that a Friend of the Court[…]

Michigan Divorce Evidence – The Rules of Evidence

Michigan divorce evidence – The Michigan Rules of Evidence The introduction of Michigan divorce evidence is governed by the Michigan rules of evidence.  The Michigan rules of evidence apply in every Michigan divorce case that goes to court from a simple motion to a complex trial.  Imagine wanting to introduce very important evidence only to[…]

Custody in Michigan – Best interest of the child factor (c)

Custody in Michigan – Best interest of the child factor (c) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (c) is .  Best interest of the child factor (c) examines the capacity and disposition of the parties involved to provide the child[…]

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Parenting time bracket

Parenting time bracket By:  Daniel Findling (c) 2015 Most people are familiar with a sports bracket but what about a parenting time bracket?  A sports bracket often accompanies a tournament and is a tree diagram matching different teams in a tournament such as the NCAA basketball tournament. A parenting time bracket can be used to[…]

Birthday parenting time

Michigan parenting time and the child’s birthday

Michigan parenting time and the child’s birthday Parenting time in Michigan time governs the times and frequency parents spend with their children.  In a perfect world, parents get along and a parenting time order could read something like:  “The parents are awarded liberal and frequent parenting time”.  Since we do not live in a perfect[…]

Reasonable parenting time in Michigan

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[…]

immoral

The moral fitness of the parties – Michigan custody and Parenting Time

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 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[…]

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[…]

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.[…]

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Michigan Child Support Statute of Limitations

Michigan Child Support Statute of Limitations:   Yes, there a Statute of limitations for Michigan child support. The current statute of limitations on unpaid Michigan child support is 10 years from the date that the last payment is due.   This Statute of limitations is set forth in Michigan Compiled Laws section 600.5809(4) and was effective[…]

Christmas parenting time (visitation) after divorce?

Christmas parenting time (visitation) after divorce:  More than 8 out of 10 Americans anticipate stress during the holiday season according to the American Psychological Association. (http://www.apa.org/helpcenter/parents-holiday.aspx)  The stress felt by individuals during or after a divorce is probably higher, especially during Christmas. In Michigan, the divorce and custody court give the parties leeway in fashioning[…]

Michigan Divorce Appeal – Navigating the Michigan Court of Appeals

 Michigan Divorce Appeal – Navigating the Michigan Court of Appeals:  Sometimes a trial court does not make the right decision.  A custody determination, property division or alimony award that is just wrong.  What can you do?  The answer is to request an appeal at the Michigan Court of Appeals. Generally, decisions from “final orders” of[…]

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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[…]

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