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Family Law Appeals
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On Remand From MSC, Appeals Court Vacates Erroneous Child Domicile Analysis
Speaker Law Firm 4/16/25 Speaker Law Firm 4/16/25

On Remand From MSC, Appeals Court Vacates Erroneous Child Domicile Analysis

The Michigan Court of Appeals, in a custody case on remand from the Michigan Supreme Court, has ruled that a portion of its original opinion “erroneously instructed the trial court to apply MCL 722.31 to determine the child’s domicile.”

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Trial Court Wrongly Awarded Custody To Third Party With ‘No Legal Rights’
Speaker Law Firm 4/2/25 Speaker Law Firm 4/2/25

Trial Court Wrongly Awarded Custody To Third Party With ‘No Legal Rights’

The trial court “committed clear legal error” in this custody case by not applying the “parental presumption” or making the required best-interest determination before ordering that the plaintiff-mother’s child remain with the defendant, a putative father who had no legal rights to the child.

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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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‘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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Former Same-Sex Partner Does Not Have Standing To Bring Custody Action
Speaker Law Firm 8/21/24 Speaker Law Firm 8/21/24

Former Same-Sex Partner Does Not Have Standing To Bring Custody Action

The trial court in this equitable-parent doctrine case correctly ruled the plaintiff did not establish, by a preponderance of the evidence, that she and the defendant would have married but for the then-existing ban on same-sex marriage, the Michigan COA decided.

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Custody, Parenting-Time Case Remanded Yet Again For Various Errors
Speaker Law Firm 6/26/24 Speaker Law Firm 6/26/24

Custody, Parenting-Time Case Remanded Yet Again For Various Errors

This custody and parenting-time case must be remanded because the trial court once again committed various errors in making its decisions.

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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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Appeals Court: Joint Legal Custody Award ‘Against Great Weight Of Evidence’
Speaker Law Firm 5/1/24 Speaker Law Firm 5/1/24

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”.

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Trial Court Did Not Correct ‘Clerical Error’ When Issuing Amended Order
Speaker Law Firm 1/24/24 Speaker Law Firm 1/24/24

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.

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Unmarried Same-Sex Couple Seeking Joint Custody and Parenting Time For a Child Conceived Through in Vitro Fertilization
Speaker Law Firm 7/25/23 Speaker Law Firm 7/25/23

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.

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Appeals Court: Father Did Not ‘Forfeit’ His Objections To FOC Recommendations
Speaker Law Firm 4/5/23 Speaker Law Firm 4/5/23

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.

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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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Michigan Supreme Court Vacated the Judgment of the Court of Appeals and Remanded the Case for a New Appeal
Speaker Law Firm 2/16/22 Speaker Law Firm 2/16/22

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.

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Trial Court Properly Reviewed & Modified Custody Of Children
Speaker Law Firm 12/8/21 Speaker Law Firm 12/8/21

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.

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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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