On September 12, 2024, the Michigan Court of Appeals issued its opinion in the case of Curtis vs. Curtis. At trial, Mr. Curtis filed a Motion to Modify Parenting Time and his Motion to allow the children to play travel baseball and his request was denied. He requested appellate review. The parties divorced in September[…]
What is really in a child’s best interest may surprise you.
Every child custody or parenting time case requires an examination of what is in the Best interest of the child which are 12 factors defined in Michigan Compiled Law section 722.23. In this article, we will explore sample questions that can be asked relating to each Best Interest of the child factor. Sample Best interest[…]
A child custody decision is always modifiable. After all, circumstances change and when they do, it may warrant a change. However, it is not easy to change custody in Michigan. In fact, there are legal barriers which must be met to avoid disruptions. The legal authority to modify custody in Michigan can be found in[…]
There are two types of custody. Legal custody, which describes how parents shall share decision-making authority MCL 722.27a and Physical custody describes physical care and supervision of a child. MCL 722.1102(n).
In Michigan, the parenting time statute provides that parenting time shall be granted in the best interest of the child. The State Court Administrative Office publishes the guidelines for parenting time which is directed to help Friend of the court’s around the State. Each county also has their own guidelines. We help you understand what you need to know.
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.
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.
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.
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 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.
Michigan Custody Law can be broken down into three steps. First, (in modification cases), you must address proper cause or change of circumstances. Second, you must address an established custodial environment. Third, you must address the best interest of the child factors.
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[…]
In the recent case of Medford v. Verkade, the trial court entered an opinion and order awarding full legal and primary physical custody of the parties’ minor child to the father (Mr. Medford). The trial court also awarded limited parenting time to the mother. Specifically, every other weekend, three nonconsecutive weeks per year, and certain holidays.[…]
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 of the most prolific family law topics relates to child custody and in this article, we will cover more Michigan Child Custody Laws than anyone. Everything from the basics, to the complex. In this post we will review everything we have published on the topic of Michigan Child Custody Laws. Michigan child custody resource[…]
When fighting for custody in a Michigan divorce or custody case you have an obligation to prove your claims with evidence. This obligation is called the burden of proof. The different Michigan child custody burden of proofs are: Clear and convincing evidence which requires evidence that the claim is very highly probable; and Preponderance of[…]
Best interest of the child factor (i) – “I want to live with . . .” Best interest of the child factor (i) examines if it is ever appropriate for a child to decide who to live with? Frankly, the short answer is no. A child is not a parent. A child is a child and[…]
Custody in Michigan – Best interest of the child factor (h) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (h). Best interest of the child factor (h) addresses the home school and community record of the child. Not every child is the perfect[…]
Custody in Michigan – Best interest of the child factor (g) Best Interest of the child factor (g) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (g). Best interest of the child factor (g) addresses the mental and physical health of the parties[…]
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[…]
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[…]
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[…]
Custody in Michigan – Best interest of the child factor (b) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (b). Best interest of the child factor (b) examines the capacity and disposition of the parties involved to[…]
Custody in Michigan – Best interest of the child factor (a) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (a). Best interest of the child factor (a) examines the love, affection and other emotional ties existing between[…]