The Family Law Leader

» parenting time

Q: I recently filed a motion to change parenting time. I noticed that it has been referred to a family court referee. What does that mean?

A:  In many counties in Michigan, Family Court judges are referring motions regarding parenting time, support, and other post-judgment matters to referees. There is a statute…

Q: My daughter is 14 years old and I have been divorced from her father for several years. When she was young, she enjoyed spending time with her father but now, for a number of reasons, she no longer wants to visit with him on weekends as she has previously done. People have told me that, now that she is a teenager, the court will let her decide where she goes. Is this true?

A:  While the child’s reasonable preference is one of many factors the court takes into consideration when determining custody and parenting time, it is the court and t…

Q: I have read that custody determinations are made based upon the best interests of the child. Shouldn't that always be a 50-50 parenting time arrangement? It just doesn't seem fair any other way.

A:  You’re right; custody cases are decided based upon the best interest of the child factors contained in the Child Custody Act. However, there is nothing in that law…

Q: I was never married to the father of my baby, but his name is on the birth certificate. Does he have any rights?

A: The mother of the child is presumed to have custody of a child born out of wedlock until a court of competent jurisdiction says otherwise. The father does not have the righ…

Q: If I leave the house is this considered abandonment of my children?

A: Not necessarily. However, if you are concerned that you are going to be involved in a custody dispute, you should talk to an attorney before you leave the marital home, unl…

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