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The Divorce Attorney Journal

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Divorce F.A.Q. videos

9 yearsago
Download the Initial Divorce Interview form Divorce is never easy, no matter how amicable a couple’s situation may be. Oftentimes, the most difficult part of a divorce is deciding when to file, particularly if children are involved. Working with the right Michigan attorney to ease the...
9 yearsago
One of the most common questions in the divorce process is, “How long is this going to take?” For couples who are filing a DM divorce – in other words, a divorce that involves children – they can expect the process to last a minimum...

Divorce Attorney Journal

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2 weeksago
If you went through a Michigan divorce last year, you may still be reeling from the feelings that divorce can produce. You may still be in the process of figuring out where you want to live, whether you need to change jobs, or how to...
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1 monthago
If you’re in the throes of a Michigan divorce, this major shift in your life is at the top of your mind most of the time. In fact, it can be difficult to do much of anything without feeling like your split or divorce proceedings...
April 17, 2018
9 monthsago

change custody agreementDivorce doesn’t always work out the way you envision it, especially when children are involved. It can be heart wrenching to go from seeing your kids every day to having parenting time only on the weekends or once or twice a week. Or, you may feel that without a spouse to help you, you’re taking on the brunt of the parenting duties even though you have joint custody and you need more support from your ex. Or you may fear for the safety of your children when they are out of your care. Whatever the situation, if you’re unhappy with your child custody agreement, it’s time to find out if you can change it.

Modifying the Child Custody Agreement

First things first, until a court has decreed otherwise, you must adhere to the terms outlined in your divorce settlement regarding child custody. However, it is possible to request a change in the terms.

Amicably divorced couples are lucky. These pairs are often able to work out their desired changes on their own, agree on what’s best for themselves and the children, and file an agreement with the court. Unfortunately, many parents cannot come to a mutual agreement and, at that point, find it necessary to file a request for modification to make any changes to their custody agreement.

Identifying Changes in Circumstances

Courts typically make decisions that are in the best interests of the children. Because of that, it is necessary to show that there has been a change in circumstances that warrants a custody modification and will be for the good of the child.

Some accepted circumstances that may be honored by the court include:

  • A parent is moving because of their job or other unchangeable circumstances.
  • A parent does not follow the existing custody order or visitation schedule.
  • A parent is not caring for the child properly, whether this is to take them to school, feed and clothe and bathe them, take them to the doctor, etc.
  • A child has been put at risk or endangered by a parent.

Circumstances that are less likely to be accepted as a good reason for wanting to modify a child custody agreement include:

  • Extreme animosity between you and your former spouse, unless the child’s welfare is in danger.
  • Dislike of an ex’s new partner, unless that person is negatively impacting your child and negatively affecting their living environment.

Child Custody vs. Parenting Time

Remember that custody and parenting time are two very different considerations in a divorce. For example, parents may share joint custody of their children – meaning they make all the big decisions together about school and health and religion, etc. – but the custodial parent may have 70 percent of the parenting time while the non-custodial parent has 30 percent of the parenting time.

Every custody arrangement is unique, but circumstances will vary with every Michigan divorce. There is a standard formula to determine parenting time but child custody is an umbrella for parenting time. If it’s parenting time that you have an issue with, then this is a separate matter to discuss with your divorce attorney and the court. If it’s legal custody of your child that you want to have reconsidered, contact Femminineo Attorneys, PLLC in Macomb, Michigan to schedule your consultation.


What makes us the right divorce attorneys for you?

  • Family Law Expertise

    Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.

  • Strong Relationships

    We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.

  • Experience

    Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.

  • We Care

    Although every attorney can “handle” your case, Femminineo Attorneys cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.

  • Commitment

    Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.

  • Flexibility

    Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.

  • Effectiveness

    We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.

  • Tenacity

    When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.

  • Expert Staff

    Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service. We are available to our clients 24 hours a day through our hot line at 586-854-3654.

  • Personal Service

    At Femminineo Attorneys, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.

We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.

During traditional business hours, please call us at:

(586) 954-9500

After hours and weekends, we are still available for you to speak to an attorney via our 24 Hour messaging center:

(586) 854 3654

Michigan Divorce Attorney

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The information presented within this website is for general information purposes and is NOT and should not be considered as being “legal advice”. You should not act on any information presented herein without the verifying same with your attorney.

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