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Custody issues Archives

Holiday Parenting Time

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.

Best Interest Factors: What are they?

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.

Medical Marijuana Use and Child Custody

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).

Bill Protects Soldiers in Child Custody Cases

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 to suspend the case while the military member is away.

Same-Sex Couples Facing Issues with Divorce and Child Custody.

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 must live in the state they are filing in for at least six-months, in order to file for divorce in that state).

FOC Recommendation-Objections

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 a recommendation. Usually, either party has 21 days to object to the recommendation (some counties such as Macomb will reduce the objection period to 7 days in cases where the recommendation is made the same day as the hearing); if no one objects, the recommendation is ultimately signed by the judge and becomes the order of the court. Thereafter, you can only challenge the ruling if you encounter a substantial change in circumstances.

Tips to Stay Out of Court After Divorce (Custody)

When I finalize a divorce judgment, I try to take the time to walk my client through the judgment of divorce to give him/her tips on how to stay out of court. When children are involved and the divorce was fairly contentious, there may be problems between the parents and the kids get caught in the cross-fire. Of course, it should go without saying that the kids should not be brought in the arguments between the divorced parents. Sadly, many parents lose sight of this basic rule of thumb and allow their kids to witness boorish, if not abuse behavior between the parents.

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