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Speaker Law
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Posted: Aug 28, 2019, 11:05 AM
In In re AMR (Docket No. 344560), the petitioner-mother and the respondent-father were never married and had one child, AMR, together in 2013. When the petitioner married Adam Dizotell in 2017, she filed a petition to terminate the respondent’s parental rights so that Dizotell could adopt AMR.
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Posted: Aug 8, 2018, 1:15 PM
Michigan family-law attorneys can place a lien on a client’s property to be awarded in a divorce proceeding as payment for legal services – as long as certain requirements are met, according to a State Bar of Michigan ethics opinion.
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Posted: May 11, 2018, 1:00 PM
Although there was no parenting-time order in place when a grandmother was named the legal guardian of her three grandchildren, the trial court must consider the biological father’s request for a parenting-time plan, in order to protect his parental rights and promote a relationship with him, the Michigan Court of Appeals has ruled.
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Posted: Apr 27, 2018, 11:30 AM
Two recent Michigan Court of Appeals decisions, if not reversed, may end up hindering direct placement adoptions in Michigan. The rulings in In re MGR, Minor and In re LMB, Minor are concerning for prospective adoptive parents because they allow putative fathers to stop an adoption in its tracks, simply by obtaining an order of filiation from the trial court.
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Posted: Apr 20, 2018, 12:00 PM
A trial court properly took jurisdiction over a mother’s three children after she allegedly coerced one of them into a gender role with which the child did not identify, the Michigan Court of Appeals has ruled, finding that the mother’s actions constituted “abuse.”
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Posted: Nov 20, 2017, 4:05 PM
In In re LMB (Docket No. 338169), the Court of Appeals held that entry of an order of filiation while an adoption appeal was pending mooted the adoption appeal.
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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: Oct 23, 2017, 1:05 PM
Recently, the Speaker Law Firm obtained a published opinion on the post-judgment of divorce case of O’Leary v O’Leary, ___ Mich App ___ (Docket 333519), which has broad application beyond the family law context.
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Posted: Oct 19, 2017, 1:00 PM
Defendant Jeffrey Titus, convicted in 2002 by jury trial of the first-degree premeditated murders of Doug Estes and James Bennett, likes to spend time in litigation. We first wrote about him in Estes v Titus (July 2008) where the wife of Estes was trying to collect a wrongful death judgment from Titus who had transferred all his assets to his wife when they divorced. The Supreme Court ruled - with a caveat - that a property division in a divorce could be the subject of a Uniform Fraudulent Transfer Act action. Speaker Law Firm wrote the amicus brief for the Family Law Section (the Supreme Court disagreed with our position, but the concurring opinion by Marilyn Kelly did agree with us).
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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: Jul 3, 2017, 8:45 PM
From the Michigan Lawyers Weekly July 3, 2017
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Posted: Apr 3, 2017, 2:35 PM
The March 2017 Michigan Family Law Journal
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Posted: Feb 22, 2017, 4:00 PM
To understand these three inter-related appeals, Cassidy v Cassidy and Hansen, No. 328004, No. 328024 and Cassidy v Cassidy, No. 333319, we first must state the facts of this not-so-simple divorce matter.
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Posted: Jan 30, 2017, 5:00 PM
The Court of Appeals' jurisdiction in post judgment custody appeals has long been a vexing area for family law attorneys.
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Posted: Dec 14, 2016, 3:10 PM
The probate Court can admit an unsigned will to probate if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to be his or her will. The Michigan Court of Appeals (MCOA) reached this decision in a published opinion (In re Estate of Sabry Mohamed Attia).
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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.
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Posted: Apr 11, 2016, 1:05 PM
The Michigan Supreme Court has directed that, when finalizing adoptions, trial courts must use specific language on the record, indicating that no appeal is pending in the underlying termination of parental rights case.
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Posted: Mar 22, 2016, 9:40 AM
An ex-wife should not have been held in criminal contempt for having the parties’ child baptized without first consulting her ex-husband, the Michigan Court of Appeals has ruled.
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Posted: Feb 12, 2014, 2:20 PM
Calling all family law attorneys.
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Posted: Mar 22, 2013, 4:45 PM
The January 2013 issue of the Michigan Family Law Journal includes an article by attorneys Scott Bassett and Carmen Moyer in their column "Unpublished decision of the month."
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