Appeals Court: Joint Legal Custody Award ‘Against Great Weight Of Evidence’
The trial court’s decision to award a father joint legal custody must be vacated because the ruling was “against the great weight of the evidence”.
Trial Court Did Not Correct ‘Clerical Error’ When Issuing Amended Order
The trial court’s amended order didn’t correct the clerical error under MCR 2.612(A)(1) because the correction “substantially changed” the initial order.
Unmarried Same-Sex Couple Seeking Joint Custody and Parenting Time For a Child Conceived Through in Vitro Fertilization
Under the equitable parent doctrine, a would-be equitable parent of a child born or adopted in same-sex marriage may seek custody and parent time.
Appeals Court: Father Did Not ‘Forfeit’ His Objections To FOC Recommendations
The trial court improperly held that the plaintiff forfeited his objections to the FOC referee’s recommendations and went ahead and adopted the referee’s recommendations.
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.
Michigan Supreme Court Vacated the Judgment of the Court of Appeals and Remanded the Case for a New Appeal
The Michigan Supreme Court found that the Respondent's counsel provided ineffective assistance by failing to cite to the record, citing incorrect legal standards in support of those claims, and failing to raise potentially meritorious claims.
Trial Court Properly Reviewed & Modified Custody Of Children
The trial court properly awarded a father sole physical custody of his minor children, because there were legitimate concerns regarding the children’s medical care and parenting-time exchanges.
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.
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.