When parents are unable to cooperate and make joint decisions, a trial court may be required to grant sole custody to one parent.
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Posts in the Family Law category:
DIVORCE 71: Court determined house was marital property and defendant was not entitled to spousal support.
In addition, the trial court noted that plaintiff did not have the means to pay spousal support because she had substantial debt and was financially supporting her unemployed adult son.
The petitioner bears the burden of establishing reasonable cause for issuance of a PPO, and of establishing a justification for the continuance of a PPO at a hearing on the respondent’s motion to terminate the PPO.
FAMILY LAW 83: A trial court can terminate a parent’s rights and permit a stepparent to adopt a child.
A trial court has discretion to terminate a parent’s rights and permit a stepparent to adopt a child when the conditions of MCL 710.51(6) are met. MCL 710.51(6)(b) requires the petitioner to establish that the other parent had the ability to visit, contact, or communicate with the children, and substantially failed or neglected to do so for a period of two years.
FAMILY LAW 82: Court stated it would terminate the personal protection order (PPO) after the parties present documentation of the initiation of the divorce proceedings.
However, the trial court concluded that these matters should, in fact, be in the province and the jurisdiction of the Family Division and in that respect, having issued a personal protection order, the Court stated it would terminate the personal protection order after the parties present documentation of the initiation of the divorce proceedings.
FAMILY LAW 81: The fact that a child has grown old enough to attend school is not a change in circumstance.
Defendant also argued that SG’s attainment of school age was a change of circumstances; however, the fact that a child has grown old enough to attend school is a normal life change.
DIVORCE 67: The parties agreed to submit their post judgment of divorce issues to binding arbitration.
The arbitration agreement broadly granted the arbitrator the authority to decide the post judgment of divorce issues that were pending before the trial court.
The trial court noted plaintiff’s testimony that the move was designed to provide KSJ with more stability, however, that since the evidentiary hearing, plaintiff’s employment changed again, with her new work hours resulting in frustrating the current parenting time exchange schedule.
In Michigan, the Child Custody Act of 1970 (CCA) governs custody, parenting time, and child support issues for minor children; it is the exclusive means by which to pursue child custody rights.
DIVORCE 65: Both parties were ordered to cooperate with the supervised parenting time and reunification therapy.
The trial court entered a consent judgment of divorce, awarding sole legal and physical custody of the children to mother, but awarding father supervised parenting time.
Respondent moved to terminate the PPO. Respondent asserted that petitioner’s allegations were false. A proceeding on respondent’s motion to terminate was held with a family court referee, not a trial court judge.
FAMILY LAW 77: Court awarded plaintiff sole legal custody; defendant was unwilling to work with plaintiff.
For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.
Petitioner and respondent were previously married and were divorced at the time that the petitions were filed. Respondent’s parental rights to both RP and HP were terminated in May 2018. Respondent had little to no contact with the minor...
Divorce 63: Defendant’s spousal support conditioned upon whether plaintiff engages in contract work.
The trial court’s decision not to impute income to the work to render it essentially an obligation, and instead to condition spousal support payments on whether plaintiff chose to accept contract work was not outside the range of reasonable outcomes.
The trial court found that the parties mutually agreed to place the children in school in Michigan upon J’s move to California. That decision changed the children’s lives.
The parties were married for five and a half years with only one child, divorcing in December 2018. Plaintiff continued to live in the marital home in Washtenaw County after defendant moved out. Following the divorce, defendant moved to Fowlerville....
An established custodial environment may exist in more than one home and can be established as a result of a temporary custody order, in violation of a custody order, or in the absence of a custody order.
DIVORCE 60: Plaintiff retains the right to oppose recognition and enforcement of the India divorce decree.
Plaintiff retains the right to oppose recognition and enforcement of the India divorce decree. However, whether the India divorce decree should be recognized and enforced in Michigan can only be determined after it has been issued.
The parties married in 2013 while in Florida. Plaintiff was originally from Michigan, and defendant was originally from New Jersey. The child, JV, was born in 2014. The parties separated approximately one year later. The Florida courts granted the...
FAMILY LAW 72: Plaintiff’s refusal to cooperate regarding parenting time results in change of custody.
The record reflects that plaintiff refused to cooperate with defendant regarding defendant’s parenting time until the circuit court intervened to enforce defendant’s rights.
FAMILY LAW 71: Custody Dispute - Willingness to facilitate a close and continuing parent-child relationship.
The trial court found that plaintiff was not willing or able to facilitate and encourage a close and continuing relationship between JB and defendant.
A consent judgment of divorce is to be construed as a contract and to be applied as such. Likewise, a property settlement agreement in a divorce is construed as a contract.
FAMILY LAW 70: Referee found that it was in the best interests of the children for plaintiff to have primary physical custody.
Before considering a change of custody, a trial court must find that there has been a change of circumstances or proper cause.
Originally posted on 11/07/2016 Whether you a father seeking more parenting time and decision-making power in your child’s life, or you are a mother who is fearful of losing a child, custody battles bring out the worst fears...
D and T began a relationship when D was separated from his wife. After T became pregnant with the minor child, D and his wife reconciled. A few months after the minor child was born. In May 2015, an order was entered with the consent of the...
The court also found that defendant was largely at fault for the dissolution of the marriage because of his infidelity. The court determined that a 55/45 split of the marital estate in favor of plaintiff was appropriate considering the relevant factors.
In order to give deference to the decisions of fit parents, it is presumed that a fit parent’s decision to deny grandparenting time does not create a substantial risk of harm to the child’s mental, physical, or emotional health.
FAMILY LAW 67: The court held that the trial court did not apply an incorrect standard or abuse its discretion in granting plaintiff-mother’s motion to change the child’s domicile.
FACTUAL BACKGROUND On September 30, 2013, plaintiff filed for divorce. On November 14, 2013, the court entered an order for custody and parenting time awarding plaintiff and defendant joint legal and joint physical custody of the child. On...
The Court recognizes that the object in awarding spousal support is to balance the incomes and needs of the parties so that neither will be impoverished; spousal support is to be based on what is just and reasonable under the circumstances of the case.
FAMILY LAW 53: The trial court erred by treating the parties’ GAL as an LGAL and denying the parties the right to question her at a hearing; however, the trial court did not err in requiring the parties to compensate the GAL for her services.
Plaintiff and Defendant were never married, but share a young son who was born in 2016. The parties have battled over custody, child support, and other parenting issues ever since. In the spring of 2019, the parties filed competing motions to modify...
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...
FAMILY LAW 49: Best interest factors must be used by the Court when designating the minor child’s school.
BACKGROUND Plaintiff and defendant, the parents of a minor child, never married. Over a year after the minor child’s birth, plaintiff filed a paternity action against defendant. Thereafter, the parties agreed upon a final...
This divorce action commenced in 2011 and the parties reached a settlement in 2013. Plaintiff submitted a proposed judgment under the seven-day rule, MCR 2.602(B)(3). Defendant filed objections. Judgment of Divorce Entered Ultimately, at an...
When a relationship just isn’t working, there is power in ending a bad situation. Many people rush to get a divorce, but there are other options for couples to explore. Legal separation is another avenue people use to gain distance from each...
In this case, the parties divorced by consent judgment in February 2018. Under the divorce judgment, the parties shared joint legal custody and plaintiff had primary physical custody of their minor child, who has special needs. In the divorce...
D and C married on October 4, 2008. The couple has no children together. During the marriage, the parties lived together in a home purchased by D before the marriage that had become marital property through C’s financial investments. They each...
In this case, B and S’s relationship began to deteriorate after AB’s birth. Money was tight and B claimed that S rejected B’s requests that she return to work. S, on the other hand, accused B of belittling her role as a...
During their marriage, the parties had eight children, five of whom are still minors. In the parties’ 2014 consent judgment of divorce, plaintiff was awarded primary physical custody of the children, and the parties were awarded joint...