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”

Who Pays Michigan Child Support if Incomes are Equal?

Michigan Child Support calculations take into account not only the income of the parties but also certain expenses of a party and the number of overnights the the party has with a child. The Courts typically rely on the Michigan Child Support Calculator which can be accessed by clicking here. Some factors that might changeContinue reading “Who Pays Michigan Child Support if Incomes are Equal?”

Top 5 Reasons for Divorce That Engaged Couples Must Consider

Divorce attorneys are no stranger to the common reasons that couples get divorced. Common divorce trends exist which engaged couples should consider before they get married. Here are the top 5 reasons for divorce. Financial Stress – avoid marrying someone who makes no effort to put their financial affairs in order. It’s best to avoidContinue reading “Top 5 Reasons for Divorce That Engaged Couples Must Consider”

How To Terminate a Guardianship or Conservatorship

Britney Spears is the most famous person currently under conservatorship in the State of California. Her story has shocked the world. How could an apparently fully functional talented and accomplished superstar still be under the tight control of a conservator? How can Britney and others like her gain their freedom? Every state is different butContinue reading “How To Terminate a Guardianship or Conservatorship”