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Posted: Feb 10, 2021, 9:35 AM
The father in this case was erroneously granted joint physical and legal custody of the parties’ children, the Michigan Court of Appeals has ruled, because the trial court improperly conflated his motion to change custody with the mother’s motion to change domicile, effectively placing the burden of proof on the mother for both motions.
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Posted: Feb 3, 2021, 10:10 AM
A mother’s motion for modification of custody was erroneously denied, the Michigan Court of Appeals has ruled, because the trial court failed to conduct an evidentiary hearing to determine whether she had established the required proper cause or change in circumstances.
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Posted: Jul 22, 2020, 11:00 AM
Even though the trial court did not conduct an interview with the parties’ children regarding their custody preferences, the decision to grant the plaintiff-mother sole legal custody was appropriate, the Michigan Court of Appeals has ruled.
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Posted: Apr 8, 2020, 9:35 AM
The Oakland County Circuit Court in Jacob had issued numerous orders, most of which were related to custody and parenting time. One order also denied the plaintiff-father’s request to remove the L-GAL from the case and ordered him to pay the L-GAL more than $22,000 in fees.
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Posted: Nov 13, 2019, 2:30 PM
Child custody cases regularly require the filing of an emergency motion – which is what happened in Brenner v Kerkstra (Docket No. 346078). 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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Posted: Oct 30, 2019, 9:30 AM
In 2015, the parties entered into a consent judgment of divorce. They had one child together during their marriage. The judgment set forth the agreed-upon custody and parenting time schedule. Because both parties were nurses who worked 8-to-12-hour shifts, the judgment included an RFR provision.
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Posted: Jan 30, 2019, 2:20 PM
The evidence in a custody action demonstrated that a change in circumstances had occurred and, therefore, the trial court wrongly denied a mother’s motion to modify a custody order, the Michigan Court of Appeals has ruled, instructing the trial court to analyze the best interest factors on remand.
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Posted: Dec 5, 2017, 2:35 PM
Change in circumstances often lead to a motion to change custody. In D’itri v Bollinger, unpublished per curiam opinion of the Court of Appeals, Docket 337815 (2017), the mother of the child filed a motion to change custody claiming there was a change in circumstances in the child’s living situation.
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Posted: Oct 23, 2015, 10:35 AM
On September 15, 2015, the Court of Appeals released a published opinion in McConchie v Voight (Docket No. 326651) finding the actions of the Livingston Circuit Court and a Friend of the Court Referee in Livingston acted "grossly improper"
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Posted: May 2, 2012, 8:10 AM
The Court of Appeals in Frowner v Smith, published opinion of the Court of Appeals, issued April 26, 2012 (Docket 305704), addressed whether a parent has to satisfy the Vodvarka threshold to change custody from a third party custodian.
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Posted: Apr 18, 2008, 11:00 AM
In Powery v Wells, the COA affirmed a trial court’s order changing custody of a minor child based on the mother’s move from Ludington to Traverse City.
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