Posts by mifamilyattorn

What to Know If You Want to Change Your Custody Order? In Michigan, once a custody order is entered, it is not so simple to change the order. There are two major inquiries the Court will make to determine if custody should be changed, and just because the answer to one is yes, does not…

As you enter into the period before a wedding, you may wonder at some point “Do I need a prenuptial agreement?” There are many reasons you may want to consider a prenuptial agreement, and many scenarios where they may be appropriate and even necessary. Let’s start with what a prenuptial agreement is: A legal contract…

An issue that often comes up during a Divorce case is a parent discussing the details of the litigation with a child.  Is it allowed, what should be said, what to do if the other parent is discussing details of a case with a child?  The general rule of thumb is that children should be…

What happens to a house after death depends on several factors. The first thing to figure out is how the property is owned. Is there sole ownership of the property or some form of joint ownership? If the house was owned solely by the decedent, and there is no trust document to transfer the property,…

Most orders regarding custody allow the parents joint legal custody. There are some cases where it is not in the child’s best interest for one or both parents to have legal custody. Some of these situations are when there is abandonment or a history of domestic violence or drug or alcohol abuse. However, in most…

A common parenting time question that our clients ask about is whether they or the other parent can leave the state during their parenting time. There may be a parenting time provision in the divorce or custody order that sets requirements for travel, such as advance notice to the other party and/or obligations to provide…

Under Michigan law, when parents have joint legal custody, certain factors must be met before a change of domicile is allowed. One parent can’t move with the child out of state or more than 100 miles from where the child’s legal residence was at the time of commencement of the case that led to the…

When a person dies without a will it is called dying intestate. If that person has any assets that do not automatically pass outside of probate, they will be divided according to Michigan intestacy laws through the probate court. Michigan has its own process for determining the succession of how the assets are distributed. This…

A prenuptial agreement is a contract between the couple prior to their marriage. The purpose of a prenuptial agreement is to define the rights and responsibilities of each party in case of divorce or death of a spouse. Prenuptial agreements have become increasingly common as people are getting married later in life. Individuals may have…