In most of the English-speaking world throughout history, a child born to married parents inherits the surname of his father. A child that was historically born to unmarried parents was considered “illegitimate” and usually took the surname of the mother...
Family Law
Do Stepparents Have Any Type Of Parental Rights In Michigan?
When someone marries the biological parent of a child, he or she does not suddenly gain or share the parental rights that the biological parent has in that child. Divorce may terminate a marriage, but it does not extinguish the parental rights of the persons...
Which Parent Gets To Decide The Religious Upbringing Of A Child In A Custody Case In Michigan?
The right to decide which religion or creed that a child will be brought up belongs to the parents who have legal custody of the child. In Michigan, parents often share joint legal custody of the child even if one parent has actual physical custody. This...
Can The Other Spouse Stop The Divorce Process In Michigan?
Michigan is a “no-fault” divorce state, meaning that the spouse filing for divorce doesn’t have to prove adultery, abandonment, cruelty, drunkenness or any other specific reason. The filing spouse only has to allege that “there has been a breakdown of the...
Can A Third-Party Obtain Legal Custody Of A Child In Michigan?
Third-party custody can occur when the biological parents are unwilling or incapable of providing care to their children and the court awards custody instead to someone else such as grandparents, stepparents, relatives or even friends who have a relationship...
Does The Stay-At-Home Parent Have An Advantage In Custody And Parenting Time Decisions In Michigan?
It is not uncommon in many families for one parent to be the breadwinner that has employment outside of the home generating income that supports the family and the other parent to stay at home and raise the children. When families end up dissolving due to...
Can Corporal Punishment Affect Custody And Parenting Time Decisions In Michigan?
Corporal punishment as a disciplinary method for children is a controversial topic that divides experts, psychologists and even parents themselves. This encompasses spanking, slapping, pinching, hitting with a belt or a stick, and even forcing a child to...
Can The Custodial Parent Move Away With The Minor Child In Michigan?
Divorce and separation can create a difficult situation for parents. A child who once lived in both parent’s house on a full-time basis now must divide his or her time between each parent’s home. Sometimes, the parents share joint physical custody and the...
What Is Considered “Separate Property” In A Divorce Proceeding In Michigan?
One of the most important aspects of a divorce proceeding is the division of the property. A married couple can spend many years accumulating wealth and items of both material and sentimental value. However, before a court can consider the division of marital...
Do I Have To Pay Child Support While I Am Incarcerated In Michigan?
The obligation to pay child support does not automatically stop just because the payer is incarcerated. There are horror stories of inmates who have served 10 years in prison and paid their debt to society only to be released and discover that they have...
