A Father’s Right to Control Custody and Care of His Child Must Yield, at Least Temporarily, to the State’s Interest
A father’s right to control the custody and care of his child must yield, to the state’s interest in preventing upheaval for the child who had been in care with the same foster family for nearly 2 years.
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.
Motion To Designate Child’s School Improperly Treated As Custody Motion
A trial court erroneously treated a father’s motion to designate a school for his child as a motion for change of physical custody.
Trial Court Misapplied “Preponderance Of Evidence” Standard To Modify Custody
A trial court erroneously used a “preponderance of the evidence” standard to determine it was in the child’s best interest to change the established custodial arrangement.
Michigan Supreme Court Botches Domicile Analysis by Misapplying Family Law to Auto Accident Case
To decide a child's domicile for purposes of insurance coverage under the No-Fault Act, MCL 500.3114(1), the Michigan Supreme Court turned to family law in Grange Insurance v Lawrence.