“Ex Parte” is a latin phrase every law student learns in the first year of law school and literally means: “on one side only” or “by or for one party”. An ex parte order is a court order entered by only hearing one side of a case instead of both sides. Unlike an Order entered[…]
You made the decision your marriage is over and you want out. Michigan law does not require you to stay in the house during a divorce. You may want to avoid conflict or simply begin the process of moving on. However, you should consider the following before deciding to move out. First, there are financial[…]
Informatative videos on Michigan Custody Law will empower you!
If your spouse has a grandiose sense of self importance, exaggerates achievements and talents, is preoccupied with fantasies of success, power beauty and idealization, then, according to the diagnostic and statistical manual of mental disorders, you may be married to a narcissist. There are two paths to every divorce, the legal path and the emotional[…]
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[…]
raditionally, Child custody came in two forms. Legal custody and physical custody. Legal custody is defined by statute (MCL 722.26a(7)(b)) and refers to the “decision making authority as to important decisions affecting the welfare of the child”. However, physical custody is not defined by statute.
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).
A request for a temporary custody order may be made at any time during the pendency of the case by filing a verified motion that sets forth facts sufficient to support the relief requested. (See: MCR 3.207(C))
For over 10 years we have been writing articles on Michigan child custody and in this blog post we reflect back on over 70 articles and videos on this important topic on Michigan divorce and custody law. Child Custody Videos In Michigan, Child custody refers to the legal and practical arrangement regarding the care, control,[…]
Michigan child custody laws provide a two-step process for determining child custody. The first step determines the existence of an establish custodial environment which determines the burden of proof required. The second step examines the best interest of the child factors which must be examined by the court applying the applicable burden of proof.
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.
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.
There are two legal restrictions on how far you can move after a divorce with a minor child. First, MCL 722.31(1) prohibits a parent from moving after divorce with a minor child to another home more than 100 miles (as the crow flies) from your current residence without court permission. However, MCL 722.31(2) provides that this restriction does not apply if a parent is awarded sole legal custody. Second, Michigan Court Rule 3.211(C)(1) prohibits a parent from moving outside of the State of Michigan without approval from the Judge who awarded custody.
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.
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.
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[…]
On February 12, 2019, the Michigan Court of Appeals decided the custody and parenting time case of Amy Oglive v. Eric Oglive. In this case, the trial court ordered the parties to participate in a psychological evaluation to address concerns of custody and parenting time. Eric was incarcerated when the parties divorced in 2012 and[…]
Figuring out how to change custody in Michigan can be complicated. To make things less complicated, we created the “How to change custody in Michigan checklist” to help you navigate the process. How to change custody in Michigan – The checklist. You cannot just show up to court anytime you want to change custody in[…]
The phrase “physical custody” has a troubled history and future in Michigan. In fact, the “physical custody” is also viewed by many as politically incorrect. After all, who wants to think of a parent having physical custody of a child. The future of the phrase also seems at risk as many Michigan divorce and custody[…]
Custody in Michigan – Child abduction law in Michigan Child abduction by a parent is a felony Michigan which means it is punishable by more than 1 year in prison. The Michigan Penal Code Act 328 of 1931 can be found in MCL 750.350a and is commonly known as the Parental Kidnapping Prevention Act. […]
What happened to physical custody in Michigan? When I began practicing divorce law almost 20 years ago the phrase “physical custody” in Michigan had specific meaning. The phrase physical custody in Michigan identified which parent a child spent the majority of the time. The other parent had “parenting time’. Things have changed. Now almost 20[…]
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 (f) Best Interest of the Child Factor : One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (f). Best[…]
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[…]