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FAMILY LAW 27: Court would have to examine the best-interest factors to change school districts.

Plaintiff filed for divorce on September 1, 2017, after defendant and the children left the marital home in Bay County, due to plaintiff’s alleged physical abuse, and moved into the home of defendant’s mother in Kent County.

Following a hearing in September 2017, the trial court denied plaintiff’s emergency motion to require that the children attend school in Bay County for the 2017-2018 school year. Instead, the court ordered that the children would attend school in Kent County.

A contested custody hearing was held over two days in July 2018. After the parties presented their proofs, the trial court made findings on each of the best-interest factors in MCL 722.23.

After examining the best-interest factors in MCL 722.23, the court found that there are substantial and compelling reasons to make a change. The change to which the court was referring does not appear to be to the school but, rather, to the community in which the children would reside.

Although the court did not explicitly state that an established custodial environment existed with defendant, it implied that such an environment existed. The court’s consideration of the best-interest factors also suggests that the court found the existence of an established custodial environment with defendant.

The court shall not modify or amend its previous judgments or orders or issue a new order so as to change the established custodial environment of a child unless there is presented clear and convincing evidence that it is in the best interest of the child.

In order to modify the established custodial environment, such as through the change of school districts, the court would have to find by clear and convincing evidence that such custodial modification is in the best interests of the children.

If you are going through a divorce or are separating from the mother or father of your children, it is important to protect your custodial rights.

Seek the advice and guidance of an experienced family law and divorce attorney who will be by your side every step of the way.

Contact Aldrich Legal Services

5 Necessary Sections Your Prenuptial Agreement Needs

Many big decisions come with getting engaged. Planning for marriage can be exciting and romantic, although the thought of adding a prenuptial agreement may not stoke your passion, they can help you now and in the future. Prenuptial agreements are...

REAL ESTATE 32: Plaintiffs and defendants executed a second easement.

Plaintiffs requested that the trial court, either through reformation of the First Easement or interpretation of the Second Easement, quiet title in favor of plaintiffs and declare them to be the owners of an easement to access Lake Superior through the ravine on defendants’ property, enjoin defendants from interfering with their use of the easement, and order compensation for damages to the stairs.

LITIGATION 4: Plaintiff claimed installation of hardwood flooring breached the condo bylaws.

Defendants completed the project. Plaintiff did not pay for any of the costs of the project. Defendants moved to compel plaintiff to pay one-half of the costs under the agreement. Plaintiff responded that defendants had materially breached the agreement in several ways, including by denying her the right to supervise the project, by refusing to give her an installation schedule, and by starting work before plaintiff approved of the start date.

FAMILY LAW 30: Discretionary trust assets cannot be reached to satisfy claims for child support and alimony.

The key difference between discretionary trusts, support trusts, and spendthrift trusts is that creditors cannot compel the trustee of a discretionary trust to pay any part of the income or principal in order that the creditors may be paid. The opposite is true of spendthrift and support trusts, which allow trust assets to be reached to satisfy creditors, including creditors seeking to satisfy claims for child support and alimony.

An Easy Guide to Navigate the Probate Process

Families can help each other through life’s toughest moments. However, issues come up when the strain of losing a loved one combines with the stress of honoring their last wishes. Probate protects beneficiaries best interests. Though...

Top 3 Misconceptions on Power of Attorney

Considering leaving the country for a long time while maintaining a business or selling a home in the US? Were you recently diagnosed with a terminal or degenerative disease? For these and many other issues, it may become necessary for someone...

FAMILY LAW 29: Quitclaim deed signed after prenuptial agreement prevails.

The court ruled that title to the land prevails and that once the deed was signed, the property became the undivided whole interest for both the decedent and appellee and became appellee’s property upon the decedent’s death. Consequently, the court concluded that the prenuptial agreement did not have any impact on the property rights of appellee in this case.

Know the Differences between Annulment and Divorce

  Marriage can end through two ways: divorce and annulment. Though both of these options have the same result, each has different requirements. There are many similarities and differences between a divorce and an annulment, so many...

Understanding Vaping Laws for Minors

  Vaping is a fad that is quickly solidifying into a stable industry of products around the world. Vaping and electronic cigarette (or e-cigarette) use have dramatically increased from roughly “seven million [users] in 2011 to 35...

Michigans New Marijuana Laws

The 2018 ballot initiative titled “the Michigan Regulation and Taxation of Marihuana Act (MRTMA) passed with 56% of the vote. Michigan joins nine states and D.C. in legalizing some form of recreational marijuana use.  Due to the...

Cyberbullying Is Now A Punishable Crime In Michigan

Beginning in March 2019, cyberbullying will now be illegal in the state of Michigan. The House Bill 5017 now makes cyberbullying a punishable crime by Michigan law, meaning that those who harass others online could face potential jail...

The Difference Between Theft, Robbery and Burglary

Often, burglary, robbery, and theft are used interchangeably even though there are distinct differences between all of them. Though, what all three do have in common is they may involve the unlawful taking of someone’s personal property by...

Do I Have To Go To Court If I Get A Divorce?

If you’re contemplating a divorce in Michigan, you probably have a lot of questions. One of the most intimidating aspects of getting a divorce in Michigan or anywhere else is the idea of having to appear in court. The laws for getting a...

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