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Mediator’s Failure To Inquire About Domestic Violence Did Not Negate Divorce Settlement
Speaker Law Firm 2/19/20 Speaker Law Firm 2/19/20

Mediator’s Failure To Inquire About Domestic Violence Did Not Negate Divorce Settlement

A settlement agreement signed by the parties in this divorce action was valid and enforceable, even though the mediator did not conduct any domestic violence screening.

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Fees In Divorce Case Properly Denied: Not Pursued Within “Reasonable Time”
Speaker Law Firm 2/12/20 Speaker Law Firm 2/12/20

Fees In Divorce Case Properly Denied: Not Pursued Within “Reasonable Time”

A plaintiff’s request for attorney fees was properly denied by the trial court because, by neglecting the issue for nearly two years, the plaintiff did not pursue the fees within a “reasonable time”.

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Trial Court Correctly Granted Minor’s Petition To Change His Name
Speaker Law Firm 2/5/20 Speaker Law Firm 2/5/20

Trial Court Correctly Granted Minor’s Petition To Change His Name

A 14-year-old’s petition to change his surname was properly granted by the trial court even though the statutory requirements for a name change were not met.

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MSC: Trial Court Must Consider Guardianship For Children Under Age 10
Speaker Law Firm 1/29/20 Speaker Law Firm 1/29/20

MSC: Trial Court Must Consider Guardianship For Children Under Age 10

A trial court must examine whether terminating a mother’s parental rights was in the best interests of each child – including whether a guardianship with the maternal grandmother is appropriate.

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Biological Father Never Married To Child’s Mother Gets Custody and Visitation
Speaker Law Firm 1/22/20 Speaker Law Firm 1/22/20

Biological Father Never Married To Child’s Mother Gets Custody and Visitation

After DNA testing showed the plaintiff was the biological father of the unmarried parties’ minor child, the trial court properly awarded the plaintiff joint legal custody of and parenting time with the child.

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Trial Court Must Give Reason For Awarding Only Portion Of Requested Attorney Fees
Speaker Law Firm 1/15/20 Speaker Law Firm 1/15/20

Trial Court Must Give Reason For Awarding Only Portion Of Requested Attorney Fees

A trial court abused its discretion by not articulating a reason for awarding only a portion of the attorney fees that appointed appellate counsel had requested.

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Court Jurisdiction Over Children Warranted, Different Judge Must Hear Case On Remand
Speaker Law Firm 1/8/20 Speaker Law Firm 1/8/20

Court Jurisdiction Over Children Warranted, Different Judge Must Hear Case On Remand

In this child protective proceeding, the trial court wrongly held there was insufficient evidence to exercise jurisdiction over the respondent-father’s children.

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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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COA: “Commitment Ceremony” Does Not Terminate Spousal Support Obligation
Speaker Law Firm 12/18/19 Speaker Law Firm 12/18/19

COA: “Commitment Ceremony” Does Not Terminate Spousal Support Obligation

An ex-husband who was ordered to pay spousal support could not have the support terminated after the ex-wife entered into a “commitment ceremony” with another man.

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Trial Court Did Not Make Required Findings When Valuing Marital Estate
Speaker Law Firm 12/11/19 Speaker Law Firm 12/11/19

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.

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Divorce Judgment Replete With Errors Must Be Vacated, Remanded For Proper Analysis
Speaker Law Firm 12/4/19 Speaker Law Firm 12/4/19

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.

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Michigan Supreme Court: Adoptions Take Priority Over Paternity Actions Unless There’s “Good Cause”
Speaker Law Firm 11/27/19 Speaker Law Firm 11/27/19

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.

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Trial Court Violated Father’s Fifth Amendment Right By Condition Reunification On His Child Abuse Admission
Speaker Law Firm 11/20/19 Speaker Law Firm 11/20/19

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.

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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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Trial Court Misapplied Burden Of Proof, Custody Change Order Reversed
Speaker Law Firm 11/6/19 Speaker Law Firm 11/6/19

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.

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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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Custody & Parenting Time Were Properly Modified, Any Error Was Harmless
Speaker Law Firm 10/23/19 Speaker Law Firm 10/23/19

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.

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Custody & Grandparenting Time Issues Must Be Decided Separately
Speaker Law Firm 10/18/19 Speaker Law Firm 10/18/19

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.

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