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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.
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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: 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.
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Posted: Jan 20, 2021, 11:30 AM
In this divorce action, the trial court properly held that a postnuptial agreement the parties had entered into did not violate public policy and was enforceable, the Michigan Court of Appeals has ruled.
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Posted: Jan 13, 2021, 10:05 AM
The trial court properly ordered that the children be removed from their father’s custody because there was sufficient evidence that the father’s alleged “roughhousing” presented a substantial risk of harm to the children, the Michigan Court of Appeals has ruled.
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Posted: Dec 30, 2020, 9:40 AM
The trial court did not abuse its discretion by appointing the paternal aunt as the juvenile guardian of the respondent-father’s children, the Court of Appeals has ruled, because the appointment was in the children’s best interests.
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Posted: Dec 23, 2020, 11:05 AM
The trial court in this divorce action should not have denied the defendant’s request for attorney fees without conducting a hearing and allowing the defendant to support her request for fees, the Michigan Court of Appeals has ruled.
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Posted: Dec 9, 2020, 9:45 AM
A trial court did not violate a father’s due process rights and properly terminated his parental rights because the father validly waived his participation in the best-interest hearing, the Michigan Court of Appeals has ruled.
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Posted: Nov 25, 2020, 10:10 AM
An ex-wife must repay Ford Motor Company more than $243,000 that she mistakenly received as part of her ex-husband’s retirement benefits in her divorce, the 6th U.S. Circuit Court of Appeals has ruled.
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Posted: Oct 28, 2020, 10:05 AM
The Michigan Court of Appeals has upheld a probate court order granting a paternal grandparent’s petition to be named guardian of her son’s two minor children, striking down the respondent’s argument that MCL 700.5204(2)(b) of the Estates and Protected Individuals Code (EPIC) is unconstitutional.
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Posted: Oct 13, 2020, 3:50 PM
The Kalamazoo Circuit Court properly assumed jurisdiction over the respondents’ children and placed them in foster care because a preponderance of the evidence demonstrated educational neglect, the Michigan Court of Appeals has ruled.
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Posted: Oct 7, 2020, 3:45 PM
In this child-support modification case, the trial court erroneously imputed potential overtime income to the father based on overtime work that he had declined, the Michigan Court of Appeals has ruled.
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Posted: Sep 30, 2020, 11:15 AM
In this parenting-time dispute, the trial court improperly 1) treated the guardian ad litem (GAL) as a lawyer-guardian ad litem (LGAL) and 2) denied the parties’ right to question the GAL at a hearing, the Michigan Court of Appeals has ruled.
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Posted: Sep 23, 2020, 10:25 AM
A mother’s request to change the school of the parties’ minor child was wrongly denied because the trial judge 1) did not interview the child about his school preference and 2) failed to consider several of the best-interest factors in MCL 722.23, the Michigan Court of Appeals has ruled.
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Posted: Sep 9, 2020, 10:55 AM
The trial court should not have denied the defendant’s motion to set aside the parties’ divorce judgment based on alleged fraud because the motion was timely and was allowed under the terms of the divorce settlement agreement, the Michigan Court of Appeals has ruled.
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Posted: Aug 19, 2020, 9:50 AM
A mother’s parental rights were properly terminated in this stepparent adoption case because the termination was supported by clear and convincing evidence and was in the children’s best interests, the Michigan Court of Appeals has ruled.
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Posted: Aug 5, 2020, 10:40 AM
The Delta County Probate Court improperly exercised jurisdiction in this minor guardianship case and, as a result, erroneously appointed the children’s maternal grandmother as their guardian, the Michigan Court of Appeals has ruled.
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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.
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Posted: Jun 17, 2020, 11:10 AM
A trial court applied the correct legal standard when denying the Department of Health and Human Services’ petition for temporary custody over the respondent’s children, the Michigan Court of Appeals has ruled.
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