I filed a Motion to change parenting time and the Referee said I did not meet the “threshold” pursuant to Vodvarka and Shade. What does this mean?

 Answer:  Vodvarka and Shade are the names of two Michigan Court Of Appeals opinions that set the standards for when custody and parenting time can be reviewed. When you file a Motion to modify custody or parenting time the Court must first determine if there has been a change in circumstances since the entry of… Read More »

I filed a Motion regarding Child Support. Why is the Friend of the Court handling this and not the Judge?

Answer:  I get asked often about the process for hearing Motions in Livingston County. When someone files a Motion that has to do with Custody, Parenting Time or Support, the Judge assigns the case to be heard by a FOC Referee. The Referee first conducts a Screening Hearing. At the Screening Hearing the Referee attempts… Read More »

Legal Planning for Young Adults

Question:  My son is leaving for college in a couple weeks.  Is there any specific legal planning he needs now that he is 18 years old?   Answer:  Yes.  Your son is now a “legal adult” under Michigan law. You can’t make financial or medical decisions automatically for him anymore.  Also, you can’t access his… Read More »

My mother is 93. She is healthy, takes care of herself, cleans her own condo, and does her own grocery shopping. She had a doctor’s appointment where the doctor recommended moving into assisted living because of her age. Does my mother have any rights?

My mother is 93. She is healthy, takes care of herself, cleans her own condo, and does her own grocery shopping. She had a doctor’s appointment where the doctor recommended moving into assisted living because of her age. She firmly asserted that she has been doing just fine at home and would like to stay… Read More »

My mom was just diagnosed with a type of dementia, and has cerebral degeneration and a sleep-disrupting disorder. She has never made a will or put much thought into it until now. Is she still legally able to sign a will even though she has been diagnosed with dementia?

Signing a will while having dementia does not automatically make a will invalid. In order for a will to be valid, the person signing must have “testamentary capacity,” which means they must understand the implications of what is being signed. Generally, your mother would be considered mentally competent to sign a will if the following… Read More »