Series of Moves Violates 100-Mile Rule

Earlier This kind of month, the Michigan Court of Appeals again considered the 100-mile rule in a published decision. The case will be significant to the extent which the item provides parents guidance on the location of their post-divorce domicile as well as will be yet another case which illustrates the concept of joint custody….

Unfounded CPS Complaints Lead to Loss of Custody

We have seen This kind of movie at our law firm on a few occasions.  A maladjusted parent attempts to enlist the machinery of the state in a bid to gain custody by producing false or trumped-up allegations of abuse against the various other spouse or co-parent. Earlier This kind of week, the Michigan Court…

Active Military Duty Mom Loses Custody via Court of Appeals

Here will be a tough choice: to serve your country through military service, or to continue being the primary care provider for your preschooler.  of which will be the decision a Wayne County mother had to make recently as she contemplated her options in family court. In 2007, the Child Custody Act was amended by…

Lawyers Should Not Interview Children in Custody Disputes

Even the thought of some of our colleagues, cornering the little children of their clients in a conference room in order to elicit a parental preference, causes recurring nightmares.  Fortunately, the Michigan Court of Appeals agrees, recently holding which a family court judge cannot order the parents’ lawyers to interview their minor children to ascertain…

When Father is usually Relegated to the Weekend Parent

By: Timothy P. Flynn A case which caught our attention via the Michigan Court of Appeals last month deserves mention in This specific blog.  The case comes via the St. Clair County’s Family Court; the family court judge which ruled in Mother’s favor to allow a significant modification of the parenting schedule was reversed by…

Stepparent Adoption Complicated by Legal Custody Label

By: Amanda Chapman About one year ago, the Michigan Court of Appeals recently gave us one more reason to care about legal custody when negotiating a divorce with minor children.  During the divorce process the idea will be often difficult for those involved to consider the future in addition to a possible remarriage down the…

Triple Marriage & Double Divorce With Same Husband Confuses Paternity

Rare is actually the couple in which marries, divorces, re-marries, gets divorced a second time, then re-marries for the third time.  Add a bouncing baby boy born somewhere between the second along with also third marriage, possibly sired by another man, along with also what do you have: a rare hot mess. Rarer still is…

Grandparents Lack Standing When Parental Rights Are Terminated

By: Amanda Chapman A recent 2-1 Michigan Court of Appeals decision published earlier This specific month, Porter v Hill, ruled in which when a “natural” parent’s rights to their child are terminated, the grandparents rights are terminated along with the parents.  This specific ruling seems to conflict with the Child Custody Act. The heart of…

Sex Change Does Not Invalidate Divorce

Of course, This particular case comes to us coming from Ann Arbor.  Last month, the Court of Appeals decided a divorce case involving gender reassignment in a published decision. from the case of In re Estate of Burnett, a couple had been married when Husband underwent gender reassignment surgery as well as became a woman…

QDRO Specialist A Necessity in Divorce Judgments

When a couple divorces with retirement assets, a special order is actually needed to divide those assets known as a Qualified Domestic Relations Order or QDRO.  Every employer’s plan is actually different in addition to has distinct in addition to specific requirements for the QDRO. These specifics have given rise to the cottage industry of…