Trial Court Did Not Make Required Findings When Valuing Marital Estate
The trial court did not make any of the required valuation findings and, therefore, it could not be determined whether the trial court equitably divided the marital estate.
Divorce Judgment Replete With Errors Must Be Vacated, Remanded For Proper Analysis
In this divorce action, the Michigan Court of Appeals ruled the trial court erred in its award of spousal support and attorney fees to the plaintiff ex-wife.
Michigan Supreme Court: Adoptions Take Priority Over Paternity Actions Unless There’s “Good Cause”
Adoption appeals frequently involve situations that require immediate action by the courts, which means emergency motions must be filed.
Trial Court Violated Father’s Fifth Amendment Right By Condition Reunification On His Child Abuse Admission
The father in Blakeman was being kept out of his home and away from his four children pursuant to an Ingham County trial court order, which was contrary to the recommendations of CPS.
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.
Trial Court Misapplied Burden Of Proof, Custody Change Order Reversed
A Michigan trial court granted the defendant-mother’s motion to change custody after the plaintiff-father had been permitted to relocate with the child to North Dakota.
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.
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.
Custody & Grandparenting Time Issues Must Be Decided Separately
An award of grandparenting time requires reversal where the trial judge erroneously decided the grandparenting time issue during the child custody hearing.
Supreme Court Reverses and Remands Employment Case to Court of Appeals to Decide under Proper Evidentiary Standard
In August 2014, Dr. El-Khalil had sued Oakwood Healthcare, Inc., alleging racial discrimination in violation of the Elliott-Larsen Civil Rights Act (ELCRA).
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.
Slocum v Farm Bureau General Insurance Co of Michigan: The Right to Loss Benefits Under Michigan’s No-Fault Act
In Slocum, Robert Slocum was killed in a motorcycle accident, leaving behind his wife and her biological son, as well as his two minor children from a previous marriage.
Circumstantial Evidence Established “Presumption” That Beneficiary Exerted Undue Influence on Decedent
The COA reversed & remanded, finding there was an “abundant amount of circumstantial evidence” indicating that the Amendment was exerting undue influence on the decedent.
Divorced Parents Wrongly Appointed Co-Personal Representatives Of Daughter’s Estate
A probate court erred by appointing a divorced couple as the co-personal representatives of their deceased daughter’s estate.
Court of Appeals Reinstates Daughters’ Challenge to Validity of Trust
A probate court erroneously applied the statute of limitations in the Michigan Trust Code to bar the plaintiffs’ challenge to the validity of their mother’s trust.
Bank Account Co-Owner Must Return Portion Of Unlawfully Transferred Funds
The COA held that a co-owner of the account who unlawfully transferred nearly all the funds to her personal account must return one-half of the funds that were taken.
Father’s Rights Were Properly Terminated So Stepparent Adoption Could Proceed
A trial court did not err in terminating a father’s parental rights, thereby allowing a petition for stepparent adoption to proceed, the Michigan Court of Appeals has ruled.
Stepparent Adoption Dismissed Because Mother Didn’t Have A Custody Order
A stepparent adoption petition was properly dismissed, because the mother did not have a court order establishing that she had custody of the child.