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Posted: Jun 29, 2022, 10:00 AM
An award of sole legal custody to the father of the parties’ minor child must be reversed, the Michigan COA has ruled, because the trial court did not exercise “a proper degree of caution” and the issue of legal custody was not properly before the trial court.
Posted: Mar 23, 2022, 10:15 AM
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, because the trial court erroneously held that the defendant first had to establish paternity.
Posted: Sep 15, 2021, 11:30 AM
The trial court wrongly terminated the petitioner’s parental rights as a non-surrendering parent under the Safe Delivery of Newborns Law because the petitioner’s divorce complaint constituted a timely petition for custody, the Michigan Court of Appeals has ruled.
Posted: Aug 25, 2021, 11:15 AM
A trial court erred by granting a father sole legal custody of the parties’ minor children, the Michigan Court of Appeals has ruled, because the evidence showed the parties were able to cooperate and make important decisions about the children.
Posted: Mar 31, 2021, 9:40 AM
The Michigan Court of Appeals affirmed the trial court’s order taking jurisdiction over the child and vacated the trial court’s termination order. The Court stated that the trial court erred when it found by clear and convincing evidence that termination of parental rights to the minor child was proper.
Posted: Mar 24, 2021, 9:55 AM
A trial court is not prohibited by the court rules from giving interim effect to a referee’s recommended order that changes custody pending a judicial hearing on an objection to the recommendation, the Michigan Court of Appeals has ruled.
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.
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.
Posted: Jan 27, 2021, 10:20 AM
The trial court correctly modified the parties’ custody order to give the mother sole legal and physical custody of the children, according to the Michigan Court of Appeals, because the father’s use of corporal punishment as a method of discipline constituted domestic violence.
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.
Posted: Jul 15, 2020, 9:45 AM
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 after evaluating the statutory best interest factors, according to the Michigan Court of Appeals.
Posted: May 6, 2020, 12:45 PM
The trial court in this custody action erroneously discounted the role of the parent who worked outside the home and, as a result, improperly ruled that the child only had an established custodial environment with the stay-at-home parent, the Michigan Court of Appeals has decided.
Posted: Apr 29, 2020, 10:50 AM
A father’s use of corporal punishment as a disciplinary method constituted domestic violence and, as a result, the trial court properly modified custody to give the mother sole legal and physical custody of the children, the Michigan Court of Appeals has ruled.
Posted: Apr 17, 2019, 3:51 PM
In this action involving a mother’s motion to relocate the parties’ child to Sault Ste. Marie, the trial court erred by failing to properly address whether an established custodial environment existed and, if it did, whether the relocation would alter that environment, the Michigan Court of Appeals has ruled.
Posted: Feb 27, 2018, 2:00 PM
Same-sex couple. Domestic partnership declared. Donor insemination contract. Two children born during the relationship. Domestic partnership terminated. Custody and parenting-time dispute.
Posted: Mar 10, 2017, 10:00 AM
Speaker Law Firm received its second published opinion of the week
Posted: Apr 19, 2016, 1:35 PM
The Michigan Court of Appeals has peremptorily vacated a trial court order that denied a mother’s motion to transfer a child-custody case from Michigan to Idaho.
Posted: Sep 17, 2015, 11:50 AM
This week, the Court of Appeals released a published opinion in McConchie v Voight, Docket No. 326651 (September 15, 2015) (Shapiro, J, author), addressing the "grossly improper" actions of Judge Reader of the Livingston County Circuit Court and one of the Friend of the Court referees in regard to the custody of the parties' child. Slip op at 5. The referee and judge violated a host of well-established procedural and substantive requirements in awarding the father with sole physical custody.
Posted: Aug 16, 2010, 4:00 PM
After hearing argument on application, the Michigan Supreme Court recently issued an Order in lieu of granting leave. remanding a divorce case to the circuit court for clarification of an alimony award. In Friend v Friend , the parties sought a divorce after a 25 year marriage producing two children. The trial court ordered joint legal custody of the couple’s two minor children, while awarding the wife sole physical custody. The trial court permitted the mother to relocate to South Carolina with the children but entered orders for parenting time.
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