Trial Court’s Numerous Procedural Errors Were Harmless: Mom Loses Custody, Parenting Time
In this custody dispute, the trial court properly granted the plaintiff-father sole legal and physical custody of the children and awarded the defendant-mother no parenting time.
Trial Court Made Clear Legal Errors: Custody Decision Reversed & Remanded
In Brenner, the appeal by right deadline had been missed, leaving an application for leave to appeal as the only option for appellate review.
Custody & Parenting Time Were Properly Modified, Any Error Was Harmless
The trial court didn’t err when it modified the mother’s parenting time, found that a change in circumstances had occurred and that a change in custody was in the child’s best interests.
Trial Court Wrongly Refused Additional Evidence, New Custody Hearing Required
When issuing its custody order, the trial court improperly refused to consider new evidence about the minor child’s speech development.
“Material” Change In Circumstances Warranted A Best Interests Hearing
he evidence in a custody action demonstrated that a change in circumstances had occurred and, therefore, the trial court wrongly denied a mother’s motion to modify a custody order.
International Custody Dispute Over Infant Children
The International Child Abduction Remedies Act and the Hague Convention are both in place to ensure that one parent is unable to abduct the children from the other parent.
Dissent Presents Effective Argument for Allowing Change of Residence
The COA affirmed an order that denied defendant-mother’s request to change the legal residence of the child to CAN while granting plaintiff-father’s motion for primary physical custody.
Appellate Delay Disturbing in Custody/Parenting Time Matter
In Teruya v Burgan, a MI mother and CA father of 3 children, who were conceived by in vitro fertilization insemination, disputed rights regarding parenting time.
Party Didn’t Meet MCR 3.206 Requirements: Must Pay Own Attorney Fees
An ex-wife who filed a motion to modify a custody order was not entitled to attorney fees associated with the motion, because she was able to pay her own fees.
Court of Appeals: Michigan Did Not Have Jurisdiction Under UCCJEA to Hear Custody Case
The Michigan Court of Appeals has peremptorily vacated a trial court order that denied a mother’s motion to transfer a child-custody case from Michigan to Idaho.
Depreciation as Income for Child Support and a Further Clarification on Attorney's Fees
The Court of Appeals released a lengthy published opinion in Riemer v Johnson, that addressed many issues including custody, parenting time, child support, and attorney's fees.
Who is looking out for the children?
A parent in a former same-sex relationship challenged the other parent’s custodial rights by arguing that the probate court who granted the adoption lacked subject matter jurisdiction because it was same-sex adoption.
Court of Appeal issues published domicile decision in Kessler v Kessler
From Kessler v Kessler, 295 Mich App 54 (2011), the Court held that the lower court was not obligated to consider the change of domicile factors.
MSC to Appellant: "Disobey Trial Court Orders and Your no Friend of Mine."
After hearing argument on application, the Michigan SCT recently issued an Order in lieu of granting leave. remanding a divorce case to the circuit court for clarification of an alimony award.
Equitable Parenthood: Not an Ageless Doctrine
In Vanderark v Vanderark, the Court of Appeals concluded the the trial court erroneously held that the plaintiff was the equitable parent of a minor child born to plaintiff's wife during the marriage.
Children Can Testify in Custody Disputes
In Surman v. Surman, the trial court allowed a 12-year-old boy to testify in open court during a custody trial regarding what type of abuse had occurred between the child and his father.