From the Michigan Lawyers Weekly July 3, 2017:
Family Law
Reliance on FOC findings is
prohibited
The
court, itself, must find that there is adequate evidence to support a
determination of whether proper cause or a sufficient change in circumstances
exists to warrant an investigation into the best interests of a child, held the
Michigan Court of Appeals in a published opinion.
Bowling
v. McCarrick; Michigan Lawyers Weekly July 3, 2017 Issue No. 07-93885,
3 pages
The court’s goal is equity
Although
marital property need not be divided equally, it must be divided equitably in
light of a court’s evaluation of the parties’ contributions, faults and needs,
held the Michigan Court of Appeals in a published opinion.
Elahham
v. Al-Jabban; Michigan Lawyers Weekly July 3, 2017 Issue No.
07-94159, 15 pages
Deference is owed to the
parents’ decision
Parents
have a constitutionally protected right to raise their children as they see
fit, therefore, if two fit parents both oppose visitation, their joint
opposition effectively creates an irrebuttable presumption that denial of
grandparenting time will not create a substantial risk of harm to the child,
and the grandparents’ petition must be dismissed, held the Michigan Court of
Appeals in a published opinion.
Geering
v. King; Michigan Lawyers Weekly July 3, 2017 Issue No. 07-94926,
6 pages
All factors need not be stated
on the record
Consideration
of every factor need not be stated on the record; however, before permitting a
change in a minor child’s legal residence, the court shall consider each of the
factors set forth under MCL 722.31(4), with the child as the primary focus in
the court’s deliberations, held the Michigan Court of Appeals in a published
opinion.
Yachcik
v. Yachcik; Michigan Lawyers Weekly July 3, 2017 Issue No. 07-94107, 15
pages.
Probate Law
Attorney represents the
conservator, not the estate
An
attorney hired to perform legal services for a conservator represents the
conservator and does not have an attorney-client relationship with the estate,
held the Michigan Court of Appeals in a published opinion.
Estate
of Tyler Jacob Maki v. Coen; Michigan Lawyers Weekly July 3, 2017
Issue No. 07-93797, 7 pages
Labels: appeals, family law, lansing, Michigan, Michigan Appeals, Michigan Appellate Attorney, michigan court of appeals, Probate Law, published opinion
