248.608.4123
Request a Consultation

Michigan Family Law Blog

Monday, August 13, 2018

New Michigan Case: Remarriage is Good Cause to Consider Modifying Parenting Time


New Michigan Case: Remarriage is Good Cause to Consider Modifying Parenting Time

In any divorce case involving children, custody and parenting time must be determined in some form or other.  There are two types of custody, legal custody and physical custody.   Physical custody is the type of custody that most people are familiar with and it deals with who has the child the majority of the time.  However, physical custody has become blurred with parenting time and really lost much of its meaning.  Parenting time refers to how the child's time is divided between the households, for instance it is not uncommon for one parent to have parenting time on Monday and Tuesday, the other parent on Wednesday and Thursday and both parties alternate weekends.
Read more . . .


Friday, August 10, 2018

Will My Child Have to Testify in a Custody Hearing?

Custody decisions are some of the most difficult decisions family court judges make during a family court case. The overriding consideration when determining custody should be the child’s best interest. Therefore, in making this decision, a judge may want to hear the child’s preferences and concerns. To that end, there are several ways a child may be heard at a custody hearing.


Read more . . .


Tuesday, August 7, 2018

Losing Custody Over Punishment Tactics

Q: Can punishment methods impact child custody?

There are many factors that might drive a couple to consider getting divorced in Michigan. Infidelity, financial stresses, and different parenting styles are just a few possible reasons couples may ultimately untie the knot.


Read more . . .


Friday, August 3, 2018

I Received An Inheritance While We Were Married - Do I Have To Share The Inheritance In My Divorce?

Property division can be a fiercely litigated issue in a Michigan divorce proceeding. Michigan divorce laws require that marital property is divided equitably between the parties.


Read more . . .


Tuesday, July 31, 2018

What Happens to Alimony When an Ex Dies


Alimony is also known in Michigan as spousal support.  There are two basic different types of alimony.  Alimony in gross is more like a property settlement where one spouse gives the other spouse more of the property rather than paying support to the other spouse.  Typically this type of alimony is paid in a lump sum shortly after the divorce, but it may also be paid in installments or the lump sum payment could be delayed.  When it comes to alimony in gross, if the paying ex-spouse passes away, the surviving ex-spouse can collect the outstanding amount due from the deceased ex-spouse's estate.


Read more . . .


Friday, July 27, 2018

Your Michigan Prenup Checklist - Get Organized Before You Sign

Many couples are choosing to enter prenuptial agreements for a variety of reasons. Some couples want to protect premarital property, or they have children from a prior relationship they want to protect. Other couples may want to settle issues related to a family business or family wealth. Regardless of the reason you want to discuss a prenuptial agreement, it is important to be organized and prepared for the meeting with a...


Read more . . .


Monday, July 23, 2018

What if My Spouse Quits Working When I File for Divorce?


Divorce or separation are very emotional topics and can cause people to say any number of things which they may or may not mean.  One action often threatened is that a spouse will quit his or her job to avoid alimony, increase/decrease alimony or otherwise cause hardship to the spouse that wants out of the relationship if he or she files for divorce.  Conversely a spouse that is not employed outside of the home may threaten to refuse to seek any type of employment before, during or after a divorce.  This is actually a very bad idea, the loss of income will cause hardship on both parties in the short-term and it will be more damaging to the spouse that quits in the long-term.  The refusal to seek employment has a similar effect and can cause the person to actually receive less support than he or she actually should.


Read more . . .


Friday, July 20, 2018

What Happens if My Spouse Dies During Our Divorce?


Very generally speaking, a divorce case starts when one spouse files what is called a "Complaint for Divorce".  Once the Complaint is filed, then the filing spouse must formally serve a copy of the Complaint on the other spouse in order to proceed with the case.  The case ends when the parties either come to an agreement on all the issues (often at mediation), put that agreement into a written document called a Judgment of Divorce, present the Judgment to the Judge and the Judge signs the Judgment.  Alternatively, the parties have a trail, the court (judge) makes its decision and then it signs the Judgement of Divorce and provides notice of its decision to the parties.  In either case, the parties are not divorced until the Judge signs the Judgment.
Read more . . .


Friday, July 13, 2018

Social Workers May Testify Regarding Children's Statements in Divorce Cases


I am often contacted by a concerned parent who tells me that his or her child is saying that there is something problematic going on at the other parent's home.  The parent often asks if he or she can tell the court what the child has said in order to have the court review parenting time or custody.  The problem is that these statements are typically considered hearsay and may also not be reliable as children will sometimes say things that are not entirely accurate or because the child believes that this is what the parent believes or wants to hear.  So, the parent cannot testify as to what the child has said to him or her.  Further, the judge can interview the child but not about such statements, the judge may only ask the child whether he or she has a preference which parent the child would prefer to live with.
Read more . . .


Tuesday, July 10, 2018

Mental Health Issues Do Not Have to Affect Custody


A concern that many people have when facing a possible divorce is how one's mental health may affect custody or parenting time.  There are more people that suffer from depression, anxiety and other mental or emotional difficulties than many people realize.  When it comes to divorce cases, the judges and family law practitioners often have a lot of experience in working with individuals that have to deal with these issues. 

These types of issues do not have to damage the person's ability to seek custody or parenting time.  It is however imperative to seek treatment for these issues.


Read more . . .


Thursday, July 5, 2018

How Do I Get A Modification Order for My Child Custody Arrangement?

Modifying the child custody arrangement you have with your child’s other parent can be difficult. Modifications to custody orders are only permitted under certain circumstances. Even if the custody agreement was negotiated and consensual, one of the parties might need to modify the arrangement for a variety of reasons. However, the other parent may be unwilling to modify custody. Therefore, it is prudent to contact a


Read more . . .


Archived Posts

2019
May
April
March
February
January
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
2013
2012



© 2019 Cameron C. Goulding, P.L.C. | Disclaimer
420 West University Drive, Rochester, MI 48307
| Phone: 248.608.4123

Family Law | Legal Separation | Divorce | Mediation | Appeals | Property Division | Alimony / Spousal Support | Child Custody / Parenting Time | Child Support | Visitation | Modification Orders | Relocation | Prenuptial Agreements | Post Nuptial Agreements | Grandparents Rights | Personal Protection Orders | Step Parent Adoption | FAQs | About | Our Approach | Resources

Law Firm Website Design by
Amicus Creative