On Remand From MSC, Appeals Court Vacates Erroneous Child Domicile Analysis
The Michigan Court of Appeals, in a custody case on remand from the Michigan Supreme Court, has ruled that a portion of its original opinion “erroneously instructed the trial court to apply MCL 722.31 to determine the child’s domicile.”
Trial Court Wrongly Awarded Custody To Third Party With ‘No Legal Rights’
The trial court “committed clear legal error” in this custody case by not applying the “parental presumption” or making the required best-interest determination before ordering that the plaintiff-mother’s child remain with the defendant, a putative father who had no legal rights to the child.
Former Same-Sex Partner Does Not Have Standing To Bring Custody Action
The trial court in this equitable-parent doctrine case correctly ruled the plaintiff did not establish, by a preponderance of the evidence, that she and the defendant would have married but for the then-existing ban on same-sex marriage, the Michigan COA decided.
Custody, Parenting-Time Case Remanded Yet Again For Various Errors
This custody and parenting-time case must be remanded because the trial court once again committed various errors in making its decisions.
Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal
Trial court properly denied the plaintiff-mother’s objections to the FOC referee’s recommendation that sole legal and physical custody be awarded to the defendant-father.
Appeals Court Vacates, Remands Various Orders In Divorce Case
The defendant is entitled to relief, the Michigan Court of Appeals has ruled, because the trial court erred in several respects.
Unmarried Same-Sex Couple Seeking Joint Custody and Parenting Time For a Child Conceived Through in Vitro Fertilization
Under the equitable parent doctrine, a would-be equitable parent of a child born or adopted in same-sex marriage may seek custody and parent time.
Trial Court Improperly Imposed Restrictions On Dad’s Parenting Time
The trial court in this case wrongly imposed restrictions on a father’s parenting time of his three minor children, the Michigan Court of Appeals has ruled.
Case Remanded So Trial Court Can Make “Explicit” Best-Interest Findings
The trial court did not make sufficient findings under each of the best-interest factors, the Michigan COA remanded the case so the trial judge could make “explicit” findings.
Appeals Court Enters Order Establishing SIJ Status For Guatemalan Child
The MI COA has ruled, for the first time, that the preponderance of the evidence standard applies in Special Immigrant Juvenile proceedings because the statute is silent on this issue.
Divorce Judgment’s Custody, Parenting-Time Provisions Were Wrongly Vacated
The trial court’s decision to vacate the custody and parenting-time provisions in the parties’ divorce judgment must be reversed, the Michigan Court of Appeals has ruled.
Appeals Court Refuses To Create New Concept Of “Equitable Marriage”
The plaintiff in this child-custody case is not a “natural parent” under the equitable parent doctrine and did not establish the necessary elements for third-person standing under the Child Custody Act.
Trial Court Properly Reviewed & Modified Custody Of Children
The trial court properly awarded a father sole physical custody of his minor children, because there were legitimate concerns regarding the children’s medical care and parenting-time exchanges.
Dad’s Custody Motion Conflated With Mom’s Domicile Motion: Reversal Required
The father was erroneously granted joint physical & legal custody, because the trial court improperly conflated his motion to change custody with the mother’s motion to change domicile.
Corporal Punishment Is Domestic Violence, Custody Order Properly Modified
The trial court correctly modified the parties’ custody order to give the mother sole legal and physical custody of the children.
Appeals Court Denies Father’s Constitutional Challenge To Guardianship Statute
The Michigan Court of Appeals has upheld a probate court order granting a paternal grandparent’s petition to be named guardian of her son’s two minor children.