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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.
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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.
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Posted: Mar 25, 2020, 10:05 AM
On appeal, the defendant claimed the trial court’s decision regarding proper cause or change in circumstances was erroneous. Among other things, he challenged the timeliness of the evidence considered by the trial court
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Posted: Mar 18, 2020, 9:15 AM
The plaintiff-mother and the defendant-father were married in 2013. They child was born in 2015. A judgment of divorce was entered by the Oakland County Circuit Court in April 2016. The divorce judgment provided that the parties shared joint legal custody of the child and the plaintiff had primary physical custody.
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Posted: Mar 11, 2020, 1:15 PM
The plaintiff and the defendant are the parents of twins. The parties were never married or in a romantic relationship. The parties shared legal custody and the defendant had physical custody of the children. The parties were able to effectively co-parent throughout much of the children’s adolescence.
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Posted: Jan 22, 2020, 10:50 AM
In Demski (Docket No. 322193), the defendant mother gave birth to the child, MP, shortly after she married another man, Jeffrey Petlick, who was the child’s presumed father under Michigan law. After paternity testing determined that MP was the plaintiff’s biological daughter, the plaintiff filed a custody and parenting time action in the Berrien County Circuit Court.
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Posted: Dec 25, 2019, 6:20 PM
The Jackson County Circuit Court in Patterson v Patterson (Docket No. 347415), issued a judgment of divorce and a custody determination following a bench trial. The plaintiff was awarded primary physical custody of the parties’ minor children.
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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: Nov 6, 2019, 11:35 AM
In Palmer, the plaintiff and the defendant were never married and had one child together, AP. The Gratiot County Circuit Court had previously granted the plaintiff sole legal and physical custody of AP; had granted the defendant reasonable supervised parenting time with no overnights; and had permitted the plaintiff to move with AP to North Dakota, where he had secured a higher-paying job.
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Posted: Oct 23, 2019, 10:40 AM
The parties were divorced and had two children, AAM and MCM, during their marriage. The divorce judgment, entered by the Ionia County Circuit Court, awarded joint legal custody of the children to both parties and primary physical custody to the plaintiff. The defendant, who served in the military, accepted a job in Virginia in 2013. He returned to Michigan in 2016 and filed a motion for parenting time, which the trial court granted.
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Posted: Apr 24, 2019, 3:55 PM
In this custody/change of domicile appeal, the trial court committed “clear legal error” by considering whether the children’s mother would be able to maintain her existing parenting-time schedule if the children moved with their father to Indiana, the Michigan Court of Appeals has ruled.
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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.
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Posted: Apr 4, 2019, 3:38 PM
When issuing its custody order, the trial court improperly refused to consider new evidence about the minor child’s speech development and, as a result, the custody order must be vacated and the case remanded for a de novo hearing, the Michigan Court of Appeals has ruled.
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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: Jun 19, 2018, 3:30 PM
Livingston County District Court Judge Theresa Brennan is no longer hearing cases amid the release of an explosive misconduct complaint from the Judicial Tenure Commission. The Judicial Tenure Commission (JTC) is the agency that holds state judges, magistrates and court referees accountable for alleged misconduct.
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Posted: Oct 26, 2017, 2:00 PM
The International Child Abduction Remedies Act and the Hague Convention are both in place to ensure that one parent is unable to abduct the children from the other parent, alienating them from their children. Ahmed v Ahmed, 867 F3d 682 (2017), is a case looking at both of these laws. The father seeks to have his children returned to the United Kingdom from the United States. For the father to obtain a remedy both countries must be part of the Hague Convention–and they are. Then under the Hague Convention there are two methods to determine the child’s proper habitual residence.
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Posted: Aug 2, 2017, 3:55 PM
The Michigan Court of Appeals, in Hund v Hund, No.334313, a divided opinion, affirmed a lower court order that denied defendant-mother’s request to change the legal residence of the child, OMH, to Canada while granting plaintiff-father’s motion for primary physical custody. The dissenting opinion, written by Hon. Michael Gadola, argued that a change of domicile to Canada was warranted and that the lower court abused its discretion by granting the father’s motion for change of custody.
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Posted: Mar 10, 2017, 10:00 AM
Speaker Law Firm received its second published opinion of the week
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Posted: May 4, 2016, 11:00 AM
In Teruya v Burgan, Docket No. 325126, issued April 7, 2016, a Michigan mother and Californian father of three children, who were conceived by in vitro fertilization insemination, disputed rights regarding parenting time and the father filed a complaint for paternity in Wayne Circuit Court.
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Posted: Apr 25, 2016, 11:10 AM
An ex-wife who filed a motion to modify a custody order was not entitled to attorney fees associated with the motion, because she was able to pay her own fees and the fees were not the result of her ex-husband’s failure to obey a court order, the Michigan Court of Appeals has ruled.
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