ByMatthew BenedictFamily law can be very expensive for the client. There is nothing more inciteful than the time one has with their children. The love we feel for our children also may lead to a situation where the client will not compromise and choose litigation. There is no affordable family law when there is litigation. The…
ByMatthew BenedictA personal protection order or PPO in Michigan is nothing to dismiss as minimal. There are ways to beat a PPO filed against you. In this article, I will discuss three ways to defeat a PPO in court. Ex Parte PPO in Michigan The Petitioner will use a form. This form is called a Petition…
ByMatthew BenedictIn this article, I will discuss factor (d). This factor is pretty straightforward, but when there is an associated problem with this factor, the problem will draw the attention of a reviewing family law court. Please visit my other articles in this series on my blog. The Text of MCL 722.23(d) “As used in this…
ByMatthew BenedictIn this article, I will examine the best interests of the child factor (b) in Michigan. This is the second article in the series. Before the reader learns about 722.23(b), it is important to understand how family law courts use and apply the best interests of the child factors. I covered how the courts use…
ByMatthew BenedictIn this article, I will provide some basic education for the best interests of the child factor (a) or MCL 722.23(a). During a contested child custody hearing, the judge must review each of the 12 factors found in the best interest of the child factors statute. A parent seeking a divorce or a parent seeking…
ByMatthew BenedictFamily law is very fact-intensive. Family law is also one of the most emotional areas of the law due to one simple fact: we are deciding which parent gets to see their kids. This combination creates clients/parents that are emotionally charged and taxed to their limit. How does a parent prepare for a child custody…
ByMatthew BenedictIn this article, I will discuss a motion to change of domicile or legal residence in Michigan. MCL 722.31 is the statute. This is the motion that must be filed when people subject to a custody order want to relocate to another city. This article covers co-parents with joint legal custody. If a parent has…
ByMatthew BenedictEvery attorney that has litigated a case in court has dealt with this issue: The attorney submits interrogatories to the opposing party and receives incomplete or evasive interrogatory answers. When this happens, there is a decision to be made, file a motion to compel answers or not. Every attorney in this situation is bothered by…
ByMatthew BenedictInitial child custody in Michigan Child custody in Michigan requires a Court order. In reality, many unmarried couples are raising children together. The question often arises: I am not married, we have a child, who has child custody in Michigan? The answer is found in a Michigan statute: MCL 722.1006 Grant of initial custody. After…
