Legal Question in Family Law in Michigan
Can judge ignore published COA cases?
2 years ago, I had joint custody of my kids. I was with them, according to my ex's testimony, 40% of the time. She moved to Florida (without the kids), and moved for sole custody and permission to take the kids. The judge ruled that she could not take the kids, gave me temporary custody, and stated that if she moved back within a year, she could have full custody, based on a preponderance of the evidence. She ultimately moved back. We agreed to 50/50 visitation while awaiting a visitation/support hearing. The referee gave me 140+ overnights a year, but not SERF. I objected. 2 months later, my ex refused to allow the 50/50, stating we were to follow the court order. I filed a motion to return to the agreed upon schedule. The matter was referred to the FOC, and they refused to rule on it. A year later, after filing a motion to modify custody, I got all the issues consolidated and finally had a hearing. I lost. The Judge cited a 1984 case regarding temporary custody. I cited several recent (published) cases which directly contradict the case he cited. I was surprised that my cases were not even mentioned in his opinion. Now I ave my daughters the minimum of 4 days a month. Can a judge ignore published cases?
2 Answers from Attorneys
Re: Can judge ignore published COA cases?
Probably not if they conflict. You must appeal in a timely manner. The appellate courts expedite child custody cases. You should hire an experienced appellate lawyer for the task. Give me a call. William S. Stern
Re: Can judge ignore published COA cases?
Can a judge ignore published cases? Can they? Yes. Are they supposed to? No. Sounds like you will need to take an appeal. For more information, call my office at (248)851-3171.
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