734-359-7018
Now Accepting New Clients!
Blog

FAMILY LAW 46: Do you agree with your Friend of the Court Referee recommendation?

Though never married, the parties in this case share a son. On November 10, 2014, plaintiff filed a paternity complaint, claiming defendant as the child’s father, and alleging that defendant was of sufficient ability to provide support. On November 14, 2014, the trial court ordered genetic testing, which determined defendant to be the minor child’s biological father.

Consent Judgment

A consent judgment of filiation was entered in January 2015. The consent judgment provided that plaintiff would have sole physical custody of M, but the parties would share joint legal custody. Parenting time would be as the parties agree. Initially, defendant exercised custody of the minor child on the weekends. However, when the minor child was approximately two years old, the parties agreed to a one week on, one week off schedule. Although never memorialized in a court order, the parties operated under this agreement for about three years.

Modify Parenting Time

In 2019, Plaintiff moved to modify parenting time and to determine a school district. As of September 2019, the minor child was slated to begin kindergarten, and the parties’ residences were too far apart to continue the alternating week schedule.

Plaintiff sought to enroll the minor child in a local Public School, and asked the trial court to modify the parenting time agreement to afford the parties every other week until the start of the 2019 school year and to afford defendant parenting time three weekends every month, alternating holidays, alternating breaks, and half of summer.

The referee heard testimony from both parties, then determined that the minor child had an established custodial environment with each parent. The referee found that proper cause existed to change custody and parenting time because M was starting school.

Friend of the Court Referee Recommendation

The referee recommended that the parties are to share joint legal and joint physical custody. The parenting time must change. Father have each weekend except for the second full weekend of the month, and that the child attend school in mother’s district starting in Kindergarten next year. There will be a holiday schedule, and there will be a summer schedule also. The parties are going to be alternating weeks during the summer; they will continue that schedule. Christmas break and spring break will be designated in the schedule.

Assistance with Custody and Parenting Time

There is likely nothing scarier than the thought of not being able to see your children. Aldrich Legal Services understands what a stressful time this is for you when your custody rights are on the line.

Aldrich Legal Services represent parents throughout southeast Michigan with a wide range of custody-related matters.

Contact Aldrich Legal Services

Speak to a Pro: (734) 404-3000

FAMILY LAW 50: A Michigan Court has jurisdiction to make an initial custody determination when it is the home state of the child on the date of the commencement of the proceeding or within 6 months before the commencement of the proceeding.

PROCEDURAL HISTORY  Plaintiff and defendant have twin sons, but never married.  On August 13, 2008, the Court of Common Pleas Juvenile Division in Montgomery County, Ohio established plaintiff as the legal father of the children and...

When You Should Contest a Will?

Wills usually go through without a problem. Well over 90% of wills have no issue making it through probate. However, there are several grounds you may have to contest a will. As a beneficiary, or someone who would gain from a will, there are legal...

What You Need to Know About Distracted Driving

A great U.S. freedom is the ability to drive the open roads. However, every year there are more than 20,000 car accidents in Michigan. Many of these accidents come from distracted driving and could have been avoided. Distracted driving is such a...

Reasons Your Will or Trust Could be Contested

Everyone reacts in their own way when a family member passes away. Emotions can run high, and people can react more strongly than they normally would. Some family members may feel cheated by what a will or trust grants them leading them to contest...

Penalties For Driving Without Insurance in Michigan

Getting into a car and going for a drive isn’t perfectly safe. Driving on the Michigan roads can be dangerous. Driving those same roads becomes financially dangerous if you drive without car insurance. Between fees, charges, and possible...

PROBATE 36: Undue influence to execute Lady Bird deed.

This probate dispute between siblings arises out of the death of their father. Their father lived alone. In 2013, however, he asked appellee to live with him. She agreed, moving into the home in August 2013. Appellants allege that in the years...

Top 5 Most Common Traffic Violations in Michigan

Staying safe on the roads is in everyone’s best interest. However, keeping yourself or others out of danger is everyone’s responsibility. Getting a traffic ticket ends up costing drivers big time. Traffic tickets and citations cost money...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405