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Family Law Appeals
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Threshold Questions Not Addressed, Custody Case Wrongly Referred To FOC
Speaker Law Firm 2/26/25 Speaker Law Firm 2/26/25

Threshold Questions Not Addressed, Custody Case Wrongly Referred To FOC

The trial court erroneously referred this custody case to the Friend of the Court without first determining whether there was proper cause or a change in circumstances that necessitated a review of custody and parenting time, the Michigan Court of Appeals has ruled.

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Evidentiary Hearing Should’ve Been Held In Custody Modification Case
Speaker Law Firm 10/16/24 Speaker Law Firm 10/16/24

Evidentiary Hearing Should’ve Been Held In Custody Modification Case

The trial court in this custody matter improperly refused to hold an evidentiary hearing on the plaintiff-mother’s request to modify custody and parenting time, the Michigan Court of Appeals has ruled.

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Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal
Speaker Law Firm 5/15/24 Speaker Law Firm 5/15/24

Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal

Trial court properly denied the plaintiff-mother’s objections to the FOC referee’s recommendation that sole legal and physical custody be awarded to the defendant-father.

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Trial Court Applied Incorrect Standard To Child Support Modification Request
Speaker Law Firm 6/28/23 Speaker Law Firm 6/28/23

Trial Court Applied Incorrect Standard To Child Support Modification Request

The trial court erroneously applied a change-of-circumstances standard to the Friend of the Court’s petition to modify child support, the Michigan Court of Appeals has ruled.

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Trial Court Improperly Imposed Restrictions On Dad’s Parenting Time
Speaker Law Firm 4/26/23 Speaker Law Firm 4/26/23

Trial Court Improperly Imposed Restrictions On Dad’s Parenting Time

The trial court in this case wrongly imposed restrictions on a father’s parenting time of his three minor children, the Michigan Court of Appeals has ruled.

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Trial Court Improperly Relied on the Consequences of a Parent’s Voluntary Change of Custody
Speaker Law Firm 10/28/22 Speaker Law Firm 10/28/22

Trial Court Improperly Relied on the Consequences of a Parent’s Voluntary Change of Custody

The trial court improperly relied on the consequences of a parent’s voluntary change of custody as being sufficient to constitute proper cause or a change of circumstances to order a change of custody.

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Dad’s Custody Motion Conflated With Mom’s Domicile Motion: Reversal Required
Speaker Law Firm 2/10/21 Speaker Law Firm 2/10/21

Dad’s Custody Motion Conflated With Mom’s Domicile Motion: Reversal Required

The father was erroneously granted joint physical & legal custody, because the trial court improperly conflated his motion to change custody with the mother’s motion to change domicile.

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Evidentiary Hearing Required On Mom’s Motion To Modify Custody
Speaker Law Firm 2/3/21 Speaker Law Firm 2/3/21

Evidentiary Hearing Required On Mom’s Motion To Modify Custody

The trial court failed to conduct an evidentiary hearing to determine whether she had established the required proper cause or change in circumstances.

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Failing To Interview Children In Custody Case Was Not Reversible Error
Speaker Law Firm 7/22/20 Speaker Law Firm 7/22/20

Failing To Interview Children In Custody Case Was Not Reversible Error

Even though the trial court did not conduct an interview with the parties’ children regarding their custody preferences, the decision to grant the plaintiff-mother sole legal custody was appropriate.

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Trial Court Made Clear Legal Errors: Custody Decision Reversed & Remanded
Speaker Law Firm 11/13/19 Speaker Law Firm 11/13/19

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.

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COA: Parenting Time, Right Of First Refusal Were Not Modifiable
Speaker Law Firm 10/30/19 Speaker Law Firm 10/30/19

COA: Parenting Time, Right Of First Refusal Were Not Modifiable

A trial court correctly denied a father’s request to 1) change the parenting time schedule and 2) remove a right-of-first-refusal provision from the parties’ divorce judgment.

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“Material” Change In Circumstances Warranted A Best Interests Hearing
Speaker Law Firm 1/30/19 Speaker Law Firm 1/30/19

“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.

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COA Examines Need for Evidentiary Hearing in Child Threshold Case
Speaker Law Firm 12/6/17 Speaker Law Firm 12/6/17

COA Examines Need for Evidentiary Hearing in Child Threshold Case

In D’itri v Bollinger, the mother of the child filed a motion to change custody claiming there was a change in circumstances in the child’s living situation.

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Court of Appeals Vacates Published Opinion After Death of Mother
Speaker Law Firm 10/28/15 Speaker Law Firm 10/28/15

Court of Appeals Vacates Published Opinion After Death of Mother

The Court of Appeals found the actions of the Livingston Circuit Court and a FOC Referee acted "grossly improper" in their decision-making and procedures in a custody case.

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Third Party Custody Decisions Sets the Trial Court Straight
Speaker Law Firm 5/2/12 Speaker Law Firm 5/2/12

Third Party Custody Decisions Sets the Trial Court Straight

The Court of Appeals in Frowner v Smith, addressed whether a parent has to satisfy the Vodvarka threshold to change custody from a third party custodian.

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Custody Hearing Allowed for Weekend Parent
Speaker Law Firm 4/9/08 Speaker Law Firm 4/9/08

Custody Hearing Allowed for Weekend Parent

In Powery v Wells, the COA affirmed a trial court’s order changing custody of a minor child based on the mother’s move from Ludington to Traverse City.

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