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Family Law Appeals
Civil Appeals
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Liisa Speaker
Jordan Ahlers-Smith
Lisa Schmidt
Elizabeth Parker
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Family Law 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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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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Father’s Supervised Parenting Time Improperly Suspended
Speaker Law Firm 3/6/24 Speaker Law Firm 3/6/24

Father’s Supervised Parenting Time Improperly Suspended

The trial court erroneously suspended the plaintiff-father’s supervised parenting time, the Michigan Court of Appeals has ruled.

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Decision to Suspend Mother’s Parenting Time Had the Effect of Modifying the Award of Joint Physical Custody
Speaker Law Firm 10/15/23 Speaker Law Firm 10/15/23

Decision to Suspend Mother’s Parenting Time Had the Effect of Modifying the Award of Joint Physical Custody

The trial court’s decision to suspend Mother’s parenting time had the effect of modifying the award of joint physical custody in the consent judgment of divorce, and MCR 3.207 did not apply to the case.

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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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Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible
Speaker Law Firm 5/12/23 Speaker Law Firm 5/12/23

Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible

The trial court abused its discretion by admitting the GAL’s reports, LARA documents, and expert opinion testimony about domestic violence because each piece of evidence was inadmissible.

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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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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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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 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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Court of Appeals: Trial Court Made Correct Schooling Decision
Speaker Law Firm 7/15/20 Speaker Law Firm 7/15/20

Court of Appeals: Trial Court Made Correct Schooling Decision

The trial court’s decision regarding the minor child’s schooling was appropriate because the court did not abuse its discretion in changing the child’s established custodial environment.

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Motion To Designate Child’s School Improperly Treated As Custody Motion
Speaker Law Firm 6/10/20 Speaker Law Firm 6/10/20

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.

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L-GAL Removed For Overstepping Agreed-Upon Boundaries
Speaker Law Firm 4/8/20 Speaker Law Firm 4/8/20

L-GAL Removed For Overstepping Agreed-Upon Boundaries

The trial court’s order denying the plaintiff-father’s motion to remove the lawyer-guardian ad litem (L-GAL) from this custody case is reversed and the matter is remanded for an evidentiary hearing.

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COA: Parenting Time, Right Of First Refusal Were Not Modifiable
Speaker Law Firm 10/30/19 Speaker Law Firm 10/30/19

COA: Parenting Time, Right Of First Refusal Were Not Modifiable

A trial court correctly denied a father’s request to 1) change the parenting time schedule and 2) remove a right-of-first-refusal provision from the parties’ divorce judgment.

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Mom’s Parenting Time Properly Suspended, But Case Remanded For Periodic Hearings
Speaker Law Firm 10/9/19 Speaker Law Firm 10/9/19

Mom’s Parenting Time Properly Suspended, But Case Remanded For Periodic Hearings

The matter should be remanded to the trial court so periodic hearings can be held to determine whether reinstating visitation would be in the children’s best interests.

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