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Posts in the Custody category:

FAMILY LAW 37: Referee recommended against changing legal custody or parenting time.

Plaintiff requested sole legal custody, arguing that she and defendant had difficulty co-parenting and that defendant would not agree to medical treatment for the diagnosis and treatment of ADHD, need for orthodontic work, and need for vision testing and glasses. Plaintiff also requested an alternating weekly or biweekly schedule during the summer, which would increase her overall parenting time.

FAMILY LAW 32: Trial court committed error in failing to address whether there was an established custodial environment.

On appeal, plaintiff argues that the trial court failed to make any findings regarding (1) the child’s established custodial environment, (2) the child’s best interests regarding the grant of primary physical custody to defendant, (3) the child’s best interests with respect to parenting time, and (4) the child’s best interests pertaining to the parties’ dispute over daycare.

FAMILY LAW 24: Plaintiff-mother denied her motion to change parenting time.

The Child Custody Act of 1970, MCL 722.21 authorizes a trial court to issue custody and parenting-time orders that are in the child’s best interests. A showing of proper cause or change of circumstances is required to modify a parenting-time order. The movant has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists.

Court affirmed termination of father's parental rights.

Michigan Court of Appeals affirmed that termination of father's parental rights was in the child' best interests.The caseworker testified that the father never met the child because he was continually incarcerated during the child's entire life....

The court held that the circuit court improperly awarded sole custody of the parties' child to the father absent a best-interest analysis, and should have continued the child protective proceedings as the mother pleaded to jurisdictional grounds.

As the mother's case proceeded, the circuit court placed the child in the father's custody, and instead of continuing the matter so respondent could engage in services and work toward reunification, it completely dismissed the child protective...

Holding that a custody agreement existed between the plaintiff-father and the defendant-mother, but that the trial court failed to adequately consider the child's best interests before it entered the custody judgment, the court vacated and remanded.

The parties had a child together, but never married. They entered into a mediated parenting time and custody agreement. Defendant later objected to the agreement and requested a best interests hearing, which the trial court denied. On appeal, the...
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