Articles Posted in Custody issues

Holiday Parenting Time
Serafini, Michalowski, Derkacz & Associates

It is important to comply with your parenting time order at all times. Please keep in mind that holiday parenting time differs from your regularly scheduled parenting time. Holiday parenting time will “trump” your regular parenting time schedule. If the other parent is refusing to allow you to see your child, you have several options…

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Best Interest Factors: What are they?
Serafini, Michalowski, Derkacz & Associates

Whether the court is determining the initial child custody order, or modifying the order after a judgment has been entered, they will consider the “best interest factors.” The best interest factors help the referee or judge determine what custody or parenting time arrangement is truly in the best interests of the children. Some factors may…

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What is an established custodial environment?
Serafini, Michalowski, Derkacz & Associates

Where a change of custody is sought, the initial inquiry is whether there is an established custodial environment. An established custodial environment (ECE) is an environment of “significant duration in which a parent provides care, discipline, love, guidance, and attention that is appropriate to the age and individual needs of the child. It is both…

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What is the difference between legal custody and physical custody?
Serafini, Michalowski, Derkacz & Associates

There are two types of custody that will be determined in a custody or divorce case. Legal custody involves major decisions affecting the child, including, but not limited to schooling, healthcare, and religion. Physical custody refers to the time spent with each parent. Custody differs depending on the situation. It is typical for legal custody…

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Medical Marijuana Use and Child Custody
Serafini, Michalowski, Derkacz & Associates

The Medical Marijuana Act states that a person shall not be denied custody or visitation of a minor for acting in accordance with the act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated. MCL 333.26424(c). Thus, if you have concerns that…

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Bill Protects Soldiers in Child Custody Cases
Serafini, Michalowski, Derkacz & Associates

A bill has been proposed to protect military members in child custody cases while serving overseas. The proposed bill responds to a Lenawee County judge’s decision to order a sailor to come to court despite him being aboard a U.S. submarine. The legislation would prohibit judges from modifying parenting time if a motion is filed…

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Same-Sex Couples Facing Issues with Divorce and Child Custody.
Serafini, Michalowski, Derkacz & Associates

An article was recently published by USA Today, describing the legal issues that same-sex couples face when trying to divorce. Since not all states recognize same-sex marriages, divorce proves near impossible. Even if the couples try to divorce in a state that does recognize the marriage, they often face hurdles with residency requirements (i.e. they…

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FOC Recommendation-Objections
Serafini, Michalowski, Derkacz & Associates

The Michigan Court Rules allow a family law judge to delegate his/her authority to a referee for recommendations regarding custody, parenting time and child support disputes. The referee essentially has the same authority as a judge to hear evidence and make a ruling on but the ruling is not final. . . it is merely…

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Charlie Sheen’s Custody Issues
Serafini, Michalowski, Derkacz & Associates

Celebrities such as Charlie Sheen seem to constantly be in the news while their divorces or custody battlestake center stage. One wonders if that’s the way these celebrities like it while the average person doesn’t want anyone to know his/her business. In Sheen’s case, the unfortunate scenario appears to be a situation where both parents…

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