Once physical custody and legal custody of a child is initially established by the circuit court between the parents, it becomes much more difficult for either party to seek a modification of that order in the future. This impediment was intentionally created by the...
Family Law
Modifying A Custody Order In Michigan (Part 1 of 3): Proper Cause Or Change Of Circumstances
by Kershaw, Vititoe & Jedinak, PLC | Aug 26, 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...
What Are The Grounds For Parental Kidnapping In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | May 31, 2019 | Criminal Law, Family Law
Everyone seems to understand what kidnapping is in the classic sense when a person abducts a child and demands either ransom or specific performance for the safe return. Did you know that a parent with legal custody of his or her child can also be charged and...
What Rights Does A Noncustodial Parent Have In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | May 17, 2019 | Family Law
After a divorce or custody determination, it is not uncommon for one parent to receive primary physical custody and the other parent to receive reasonable parenting time with the children. An award of physical custody means that the child has the right to reside with...
What Are The Parental Rights Of An Unmarried Father In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Apr 22, 2019 | Family Law
Society has certainly changed over the last fifty years to the point where it is more common for children to be born to parents out of wedlock. The stigma around this has largely evaporated and the legal barriers of illegitimacy have been swept away. Establishing...
Michigan Court of Appeals Holds Parental Rights Cannot Be Terminated In Stepparent Adoption Without Custody Order
by Kershaw, Vititoe & Jedinak, PLC | Mar 18, 2019 | Family Law
On March 14th, 2019, the Court of Appeals released their decision in AGD Minor, __ Mich App __; __ NW2d __ (2019)(Docket No. 345717) holding that the Genesee County Circuit Court did not error in dismissing a stepparent adoption action where the petitioner mother did...
When Can My Child Decide Which Parent To Live With In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Dec 17, 2018 | Family Law
Contrary to popular belief, there is no age in Michigan when the child can unilaterally decide which parent to live with other than after age 18. The preference of the child, however, is one of the many considerations that the judge will consider when making decisions...
What Are The Penalties For Failure To Pay Child Support In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Aug 20, 2018 | Criminal Law, Family Law
Spouses and parents have obligations under the law to support the other spouse and their children. Under the following circumstances, the family court can compel an individual to pay support: The court has authority to award spousal support to either party in a...
The Right To Grandparenting Time In Michigan: Legal Requirements and Procedure
by Kershaw, Vititoe & Jedinak, PLC | Jul 23, 2018 | Family Law
The Michigan Legislature passed the first version of the grandparenting visitation statute in 1982 which granted standing for grandparents to petition the circuit court for potential court-ordered visitation of their grandchildren. By 1999, all fifty states had a...
Michigan Court of Appeals Decides Unmarried Same-Sex Partners Do Not Become Legal Parents Together By Contract Alone
by Kershaw, Vititoe & Jedinak, PLC | May 21, 2018 | Family Law
On May 15th, 2018, the Court of Appeals released their decision in Sheardown v Guastella, ___ Mich App ___; ___ NW2d ___ (2018)(Docket No. 338089) deciding that a contract alone between a same-sex couple does not create legal paternity for the purposes of seeking...
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