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: Dad’s Paternity Rights Properly Revoked
The trial court in this case properly revoked the father’s paternity to the minor child under the Revocation of Paternity Act (ROPA), the Michigan COA ruled.
Trial Court Applied Incorrect Standard To Child Support Modification Request
The trial court erroneously applied a change-of-circumstances standard to the Friend of the Court’s petition to modify child support, the Michigan Court of Appeals has ruled.
Appeals Court: Father Did Not ‘Forfeit’ His Objections To FOC Recommendations
The trial court improperly held that the plaintiff forfeited his objections to the FOC referee’s recommendations and went ahead and adopted the referee’s recommendations.
Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support
The trial court should have completed an evidentiary hearing before ordering a retroactive modification of the plaintiff’s child-support obligation, the Michigan Court of Appeals has ruled.
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.
Trial Court Properly Gave Interim Effect To Referee’s Order Changing Custody
A trial court is not prohibited by the court rules from giving interim effect to a referee’s recommended order that changes custody pending a judicial hearing on an objection to the recommendation.
Trial Court Wrongly Imputed Overtime Income When Modifying Child Support
In this child-support modification case, the trial court erroneously imputed potential overtime income to the father based on overtime work that he had declined.
Grandmother Improperly Appointed As Guardian Of Her Grandchildren
The Delta County Probate Court improperly exercised jurisdiction in this minor guardianship case and, as a result, erroneously appointed the children’s maternal grandmother as their guardian.
Motion To Designate Child’s School Improperly Treated As Custody Motion
A trial court erroneously treated a father’s motion to designate a school for his child as a motion for change of physical custody.
Trial Court’s Numerous Procedural Errors Were Harmless: Mom Loses Custody, Parenting Time
In this custody dispute, the trial court properly granted the plaintiff-father sole legal and physical custody of the children and awarded the defendant-mother no parenting time.
Divorce Judgment Replete With Errors Must Be Vacated, Remanded For Proper Analysis
In this divorce action, the Michigan Court of Appeals ruled the trial court erred in its award of spousal support and attorney fees to the plaintiff ex-wife.
Custody & Parenting Time Were Properly Modified, Any Error Was Harmless
The trial court didn’t err when it modified the mother’s parenting time, found that a change in circumstances had occurred and that a change in custody was in the child’s best interests.
Trial Court Wrongly Refused Additional Evidence, New Custody Hearing Required
When issuing its custody order, the trial court improperly refused to consider new evidence about the minor child’s speech development.
Limitations Period On Unpaid Child Support Tolled By Trial Court’s ‘Continuing Jurisdiction’
A father remained responsible for more than $40,000 in unpaid child support from a 1992 paternity case because the 10-year statute of limitations for enforcing child-support orders.
"Grossly Improper" Actions by the Livingston County Circuit Court and an FOC Referee in a Custody Case
The COA released a published opinion in addressing the "grossly improper" actions of Judge Reader and a Friend of the Court referee in regard to the custody of the parties' child.