A surviving spouse has significant inheritance rights when it comes to the deceased spouse’s estate. Even if that spouse was disinherited in the decedent’s last will and testament, he or she may still be able to claim a spousal election against the terms of...
Family Law
How Does The COVID-19 Emergency Affect Custody And Parenting Time Orders In Michigan?
by stevejedinak | Apr 20, 2020 | COVID-19, Family Law
On March 10, 2020, the State of Michigan identified the first two presumptive-positive cases of the novel coronavirus (COVID-19) in its borders. That same day, Governor Gretchen Whitmer issued an executive order declaring a state of emergency based on her...
Can A Parent Be Required To Pay Support After The Child Turns 18 Years Old In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Dec 27, 2019 | Family Law
It is well known that a child becomes an adult at age 18 and acquires the freedom to make his or her own decisions. If the child was bound to follow a custody or parenting time order between his or her parents, then that obligation terminates upon the child's 18th...
How Does Infidelity Affect Divorce Proceedings In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Dec 13, 2019 | Family Law
Michigan is a purely no-fault divorce state, meaning that the plaintiff filing for divorce does not have to prove any circumstances such as impotence, cruelty, drunkenness, domestic violence or even infidelity. The plaintiff only needs to allege that "there has been a...
Does The Obligation To Pay Child Support Continue After Death In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Nov 25, 2019 | Family Law, Wills, Trusts And Estates
In many cases when parents are either divorced or legally separated, there is an obligation for the non-custodial parent (or joint-custodial parent with higher income) to pay child support to the custodial parent (or joint-custodial parent with lower income) for the...
Does A Parent Who Conceived A Child By Rape Have Rights To Custody Or Parenting Time In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Nov 11, 2019 | Family Law
In September 2017, a Sanilac County circuit court judge granted joint legal custody of a child to a convicted rapist. The father had two convictions for criminal sexual conduct, including one against the mother who he attacked in 2008 when she was only 12-years old....
Can You Get Pet Visitation After A Divorce In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Oct 18, 2019 | Animal Law, Family Law
The relationship that people have with their pets is strong to the point that they are considered family members. The market for pet products is a multi billion-dollar industry (clothing, toys, medical care, food, etc.) and really shows that people tend to nurture and...
Who Gets To Claim The Tax Exemptions For Minor Children In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Oct 1, 2019 | Family Law, Federal Taxation, Michigan Taxation
In the case of a divorce, separation or even unmarried parents, the issue of who claims any children involved for tax purposes is sure to come up. The Internal Revenue Service generally allows only one person to claim a child as a "qualifying child" for the purposes...
How Can A Minor Become Emancipated In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Sep 21, 2019 | Family Law
When a minor is emancipated, he or she becomes independence from any parental authority and, as such, becomes legally competent to enter into contracts or manage personal affairs. By operation of law, emancipation of a minor occurs automatically under ANY of the...
Modifying A Custody Order In Michigan (Part 3 of 3): Best Interests Of The Child
by Kershaw, Vititoe & Jedinak, PLC | Sep 9, 2019 | Family Law
Once physical custody and legal custody of a child is initially established by the circuit court between the parents, it then becomes much more difficult for either party to seek a modification of that order in the future. This impediment was intentionally created by...
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