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‘Domicile Provision’ Invalid, Best Interests Of Children Must Be Considered
Speaker Law Firm 8/28/24 Speaker Law Firm 8/28/24

‘Domicile Provision’ Invalid, Best Interests Of Children Must Be Considered

The Michigan COA ruled, in this custody case, the trial court correctly invalidated the "domicile provision" in the parties' consent judgment of divorce and found that the best interests of the children must be considered before letting the defendant move out-of-state.

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Court of Appeals Immediately Restores Acknowledged Father’s Parental Rights
Speaker Law Firm 1/19/24 Speaker Law Firm 1/19/24

Court of Appeals Immediately Restores Acknowledged Father’s Parental Rights

The affidavits in this case were deficient in showing a mistaken belief of fact by the plaintiff and failing to address the due diligence requirement in uncovering the newly discovered evidence, the Trial Court erred in failing to dismiss the case.

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A Michigan Trial Court Properly Declined to Enforce a California Custody Determination Due to Lack of Jurisdiction
Speaker Law Firm 7/21/23 Speaker Law Firm 7/21/23

A Michigan Trial Court Properly Declined to Enforce a California Custody Determination Due to Lack of Jurisdiction

The trial court properly declined to enforce a California custody determination because the California court did not have subject matter jurisdiction.

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The Supreme Court of the United States Has Upheld ICWA by a 7-2 Vote
Speaker Law Firm 6/15/23 Speaker Law Firm 6/15/23

The Supreme Court of the United States Has Upheld ICWA by a 7-2 Vote

ICWA also does not violate the Tenth Amendment’s anticommandeering doctrine. ICWA’s “active efforts” and “diligent search” requirements apply equally to state and private actors.

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A Father’s Right to Control Custody and Care of His Child Must Yield, at Least Temporarily, to the State’s Interest
Speaker Law Firm 4/21/23 Speaker Law Firm 4/21/23

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.

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Case Remanded So Trial Court Can Make “Explicit” Best-Interest Findings
Speaker Law Firm 12/21/22 Speaker Law Firm 12/21/22

Case Remanded So Trial Court Can Make “Explicit” Best-Interest Findings

The trial court did not make sufficient findings under each of the best-interest factors, the Michigan COA remanded the case so the trial judge could make “explicit” findings.

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Trial Court Properly Denied Mom’s Request To Modify Custody Order
Speaker Law Firm 12/7/22 Speaker Law Firm 12/7/22

Trial Court Properly Denied Mom’s Request To Modify Custody Order

The trial court in this custody case did not err in denying the mother’s petition for primary physical and sole legal custody of the parties’ children, the Michigan Court of Appeals has ruled.

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Appeals Court: No Appointed Counsel For Mom In Custody Case
Speaker Law Firm 11/16/22 Speaker Law Firm 11/16/22

Appeals Court: No Appointed Counsel For Mom In Custody Case

The Michigan Court of Appeals has denied a mother’s request for appointed counsel in her child-custody case.

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COA Vacates and Remands Trial Court’s Order & The $15K Parenting-Time Bond
Speaker Law Firm 8/24/22 Speaker Law Firm 8/24/22

COA Vacates and Remands Trial Court’s Order & The $15K Parenting-Time Bond

The trial court committed clear legal error in Butters v Butters by failing to hold a live hearing where the plaintiff would have the right to present evidence.

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Trial Court Committed Clear Legal Error by Failing to Hold a Live Hearing Where the Plaintiff Would Have the Right to Present Evidence
Speaker Law Firm 7/29/22 Speaker Law Firm 7/29/22

Trial Court Committed Clear Legal Error by Failing to Hold a Live Hearing Where the Plaintiff Would Have the Right to Present Evidence

The trial court committed clear legal error by failing to hold a live hearing where the plaintiff would have the right to present evidence, subject to certain restrictions permitted by the court rules.

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Trial Court Wrongly Modified Divorced Parties’ Custody Order
Speaker Law Firm 6/29/22 Speaker Law Firm 6/29/22

Trial Court Wrongly Modified Divorced Parties’ Custody Order

An award of sole legal custody to the father of the parties’ minor child must be reversed, because the trial court did not exercise “a proper degree of caution”.

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Divorce Judgment’s Custody, Parenting-Time Provisions Were Wrongly Vacated
Speaker Law Firm 3/23/22 Speaker Law Firm 3/23/22

Divorce Judgment’s Custody, Parenting-Time Provisions Were Wrongly Vacated

The trial court’s decision to vacate the custody and parenting-time provisions in the parties’ divorce judgment must be reversed, the Michigan Court of Appeals has ruled.

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Appeals Court: Divorce Complaint Is Custody Petition Under Safe Delivery Law
Speaker Law Firm 9/15/21 Speaker Law Firm 9/15/21

Appeals Court: Divorce Complaint Is Custody Petition Under Safe Delivery Law

The petitioner’s parental rights as a non-surrendering parent under the Safe Delivery of Newborns Law because the petitioner’s divorce complaint constituted a timely petition for custody.

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Appeals Court Vacates Sole Legal Custody To Father
Speaker Law Firm 8/25/21 Speaker Law Firm 8/25/21

Appeals Court Vacates Sole Legal Custody To Father

A trial court erred by granting a father sole legal custody of the parties’ minor children, because the evidence showed the parties were able to cooperate and make important decisions.

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COA Reversed Termination of Mom’s Parental Rights After Trial Court Took Jurisdiction Over Minor Child
Speaker Law Firm 3/31/21 Speaker Law Firm 3/31/21

COA Reversed Termination of Mom’s Parental Rights After Trial Court Took Jurisdiction Over Minor Child

The Court stated that the trial court erred when it found by clear and convincing evidence that termination of parental rights to the minor child was proper.

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Trial Court Properly Gave Interim Effect To Referee’s Order Changing Custody
Speaker Law Firm 3/24/21 Speaker Law Firm 3/24/21

Trial Court Properly Gave Interim Effect To Referee’s Order Changing Custody

A trial court is not prohibited by the court rules from giving interim effect to a referee’s recommended order that changes custody pending a judicial hearing on an objection to the recommendation.

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