The Importance of Ex Parte Filings Against A Violent Party in Family Court Proceedings

Usually when a party files a motion or some kind of petition or complaint to initiate a case, one must notify the opposing party before one obtains the order they are seeking. The courts recognize that sometimes just filing the initiating document can be unsafe especially in the context of personal protection orders and someContinue reading “The Importance of Ex Parte Filings Against A Violent Party in Family Court Proceedings”

When Can’t a Parent Adopt their Child or Give up their Child for Adoption in Michigan?

The public policy of Michigan Adoption law is that it is intended to sever past family relationships to form new ones. It is not intended as a way to circumvent Michigan child custody laws. Several scenarios help to explain why. If a father seeks to adopt their biological child and the court determines he shouldContinue reading “When Can’t a Parent Adopt their Child or Give up their Child for Adoption in Michigan?”

What is the Difference between UCCJEA and UIFSA?

The UCCJEA and UIFSA are Statutes that apply to multi-state jurisdictional issues involving children. UCCJEA stands for Uniform Child Custody Jurisdiction and Enforcement Act. UIFSA stands for Uniform Interstate Family Support Act. These acts allow for joint cooperation between the States that have adopted it. UCCJEA governs a State’s right to modify or enforce anContinue reading “What is the Difference between UCCJEA and UIFSA?”

The Difference Between a Michigan Conservatorship and Guardianship Petition

Both Conservatorships and Guardianships give you authority to manage an incapacitated adult or minor child’s affairs but they cover different spheres of the person’s life. Generally, Guardianships are reserved for helping the person to manage their health affairs while Conservatorships are for managing that person’s finances.  Both Conservatorships and Guardianships carry with them a dutyContinue reading “The Difference Between a Michigan Conservatorship and Guardianship Petition”

When Can You Obtain A Michigan Personal Protection Order?

Here are the basics of who is really entitled to an order of protection in Michigan. Michigan Courts may issue three types of personal protection orders (“PPO”). Only one type requires that the parties have had a domestic relationship:  A Domestic Relationship PPO enjoins certain assaultive and threatening behavior if the petitioner has or hadContinue reading “When Can You Obtain A Michigan Personal Protection Order?”

How do Michigan Courts Resolve Pet Custody in Divorce?

Courts in various jurisdictions have come to recognize that pets are more than just property, they are a member of the family. Although Michigan Courts are not among the most progressive in the area of pet custody, pet owners can still find other ways to retain custody and visitation with their pet. Michigan courts stillContinue reading “How do Michigan Courts Resolve Pet Custody in Divorce?”

Should I Get A Divorce? Answers from A Divorce Lawyer

I’m a divorce lawyer. So that means I should have all the answers about Divorce, right? No. In fact I can’t tell you whether or not to get a divorce. In fact it would be a fraud on the court and serious breach of ethics for any attorney to advise you to get a divorce.Continue reading “Should I Get A Divorce? Answers from A Divorce Lawyer”

How Do Michigan Courts Determine Child Support?

A Michigan child support obligation includes payment for the general care and needs of a child (base support), medical support and child care expenses. The Michigan Courts follow a formula to determine child support which considers each parent’s incomes, the amount of time the child spends with each parent and the child’s medical and childContinue reading “How Do Michigan Courts Determine Child Support?”

When Can A Grandparent Seek Child Visitation Rights in Michigan?

Be nice to your mother-in-law. Pursuant to Michigan Law [MCL 722.27b], in certain circumtances, grandparents may ask the court for visitation rights. Michigan Courts may allow a grandparent to seek parenting time if one of the following circumstances applies: an action for divorce, separate maintenance, or annulment involving the child’s parents is pending before theContinue reading “When Can A Grandparent Seek Child Visitation Rights in Michigan?”

What Factors Does A Michigan Court Consider in Awarding Spousal Support?

A Michigan Court may award spousal support if it is just and reasonable in a case where the property award is insufficient to properly support a party and the children in the custody of that less monied party. The Court must consider “the ability of either party to pay and the character and situation ofContinue reading “What Factors Does A Michigan Court Consider in Awarding Spousal Support?”