What Factors Do Michigan Courts Consider in Revoking Paternity?

In the State of Michigan, paternity can be revoked. However, a court may refuse to enter an order setting aside a paternity determination, revoking an acknowledgment of parentage, determining that a genetic father is not a child’s father, or determining that a child is born out of wedlock if the court finds evidence that theContinue reading “What Factors Do Michigan Courts Consider in Revoking Paternity?”

Which Relatives Have the Right to Request Visitation with Minor Child in Michigan?

In the State of Michigan only certain relatives have the right to request visitation with a minor child. A recent Michigan Court of Appeals decision clarified this issue which allows for the minor to be cut off from contact with certain relatives. Only parents or grandparents have a right to request visitation with a minorContinue reading “Which Relatives Have the Right to Request Visitation with Minor Child in Michigan?”

Common Defenses to Hague Convention Petition Demanding the Return of a Child

If a parent resides in a country which is a signatory to the Hague Convention, an international treaty, they may use the terms of this treaty to seek the return of their child who was unlawfully taken by the other parent to another Hague Convention signatory country. The parent seeking return of their child canContinue reading “Common Defenses to Hague Convention Petition Demanding the Return of a Child”

Does A Parent Require a Genetic Connection to a Child in Michigan?

In custody disputes, some state laws require that a child have a genetic connection to a parent in order to obtain custody of the child. Michigan’s Court of Appeals recently concluded that requiring a genetic connection between parent and child was not supported by Michigan’s Acknowledgment of Parentage Act. That is a significant development thatContinue reading “Does A Parent Require a Genetic Connection to a Child in Michigan?”

Does Changing Custodian of Child’s Passport Change the Custodial Environment?

Generally whenever a parent requests a change to a Michigan custody agreement, which changes the established custodial environment, that parent must show proper cause or change of circumstances. The moving party must show clear and convincing evidence of the need to make that change. The parent must also show that it is in the bestContinue reading “Does Changing Custodian of Child’s Passport Change the Custodial Environment?”

Why Kelly Clarkson’s Divorce Proves Prenuptial Agreements are Important

Kelly Clarkson’s Divorce actually does show us a prenuptial agreement is important despite the fact that her ex receives a significant amount of spousal support. According to ET the Judge ruled that Clarkson will pay Blackstock a total of $195,601 per month in spousal and child support — $150,000 per month in spousal support as well asContinue reading “Why Kelly Clarkson’s Divorce Proves Prenuptial Agreements are Important”

How to Avoid Adverse Court Actions When You Can’t Afford to Pay Child Support

It is important to be proactive if you legitimately lose your job and cannot pay child support. In Michigan, once you get several months behind in child support payments, the Friend of the Court may initiate enforcement actions against you. Such actions may include freezing your professional license or hunting license and seizing other assetsContinue reading “How to Avoid Adverse Court Actions When You Can’t Afford to Pay Child Support”

How to Determine a Child’s Habitual Residence Between Two Countries

How does a court determine a child’s residence between two countries? In 2020 the United States Supreme Court resolved that issue in reference to the 1980 Hague Convention which determines a child habitual residence in the event of a international dispute between parent residence of two countries. Here is how. To make a finding aboutContinue reading “How to Determine a Child’s Habitual Residence Between Two Countries”

The Implications of Michigan Child Vaccination Law & COVID-19

Michigan Law requires that children have certain vaccinations to attend school. This has been the law for a long time but takes on new meaning with the current COVID-19 Pandemic crisis. Whether to get vaccinated or not has been such a politically charged issue that it could become weaponized in a custody dispute. Here isContinue reading “The Implications of Michigan Child Vaccination Law & COVID-19”

The Impact of Bankruptcy on Divorce and Child Support Proceedings

Some litigants try to use bankruptcy to avoid paying their matrimonial and child support obligations or as a way to delay the proceedings. Here is the 411 on what the impact of bankruptcy proceedings have on divorce and child support related matters. Upon filing the bankruptcy, a debtor has an automatic stay which automatically staysContinue reading “The Impact of Bankruptcy on Divorce and Child Support Proceedings”