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Family Law Appeals
Civil Appeals
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Jordan Ahlers-Smith
Lisa Schmidt
Elizabeth Parker
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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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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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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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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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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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Trial Court Correctly Denied the Defendant’s Motion to Change Domicile to a Foreign County
Speaker Law Firm 6/27/22 Speaker Law Firm 6/27/22

Trial Court Correctly Denied the Defendant’s Motion to Change Domicile to a Foreign County

Defendant’s motion to change domicile to a foreign county would alter the established custodial environment with one parent and is not in the best interests of the child.

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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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Second Appeal: Mom Properly Awarded Sole Physical Custody Of Children
Speaker Law Firm 10/6/21 Speaker Law Firm 10/6/21

Second Appeal: Mom Properly Awarded Sole Physical Custody Of Children

The trial court properly modified the original custody order in this case to award the plaintiff-mother sole physical custody of the parties’ minor children.

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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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Trial Court Penalized Parent For Working Outside Home: Custody Order Must Be Reassessed
Speaker Law Firm 5/6/20 Speaker Law Firm 5/6/20

Trial Court Penalized Parent For Working Outside Home: Custody Order Must Be Reassessed

The trial court erroneously discounted the role of the parent who worked outside the home and, improperly ruled that the child only had an ECE with the stay-at-home parent.

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Trial Court “Wholly Failed” To Consider New Evidence In Divorce Proceeding
Speaker Law Firm 12/25/19 Speaker Law Firm 12/25/19

Trial Court “Wholly Failed” To Consider New Evidence In Divorce Proceeding

In this divorce action, the trial court’s order denying the ex-husband’s motion for a new trial must be vacated and the case remanded.

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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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