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Katie J. Kelly v. Timothy L. Sholander
Date: 10-01-2024
Case Number: 2020-059218
Judge: Not Available
Court: Circuit Court, Marquette County, Michigan
Plaintiff's Attorney:
Click Here For The Best Marquette Divorce Lawyer Directory
Defendant's Attorney:
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Description:
Plaintiff appeals by right the trial court's order denying her request for a change of legal residence for herself and the parties' three minor children. We conclude that the trial court's failure to address the application of the 100-mile rule set forth in MCL 722.31(1) was a procedural misstep that requires further factual findings. If the trial court finds that plaintiff's proposed move is subject to the 100-mile rule, it must also reevaluate the change-of-residence factors set forth in MCL 722.31(4)(a) and (b).
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The parties' judgment of divorce, entered in August 2021, awarded the parties joint legal and physical custody of their minor children. The judgment further provided that "[a] parent whose custody or parenting time of a child is governed by this order will not change the legal residence of the child except in compliance with . . . MCL 722.31, unless otherwise specified in this order or the Agreement.
Following their divorce, the parties had a contentious relationship. Plaintiff testified that the parties had poor communication and that "the whole relationship in general is tumultuous.
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Kelly v. Sholander, 367943 (Mich. App. Oct 01, 2024)
Marquette, Michigan divorce lawyer represented wife and husband in a marriage dissolution.
Plaintiff appeals by right the trial court's order denying her request for a change of legal residence for herself and the parties' three minor children. We conclude that the trial court's failure to address the application of the 100-mile rule set forth in MCL 722.31(1) was a procedural misstep that requires further factual findings. If the trial court finds that plaintiff's proposed move is subject to the 100-mile rule, it must also reevaluate the change-of-residence factors set forth in MCL 722.31(4)(a) and (b).
* * *
The parties' judgment of divorce, entered in August 2021, awarded the parties joint legal and physical custody of their minor children. The judgment further provided that "[a] parent whose custody or parenting time of a child is governed by this order will not change the legal residence of the child except in compliance with . . . MCL 722.31, unless otherwise specified in this order or the Agreement.
Following their divorce, the parties had a contentious relationship. Plaintiff testified that the parties had poor communication and that "the whole relationship in general is tumultuous.
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Kelly v. Sholander, 367943 (Mich. App. Oct 01, 2024)
Outcome:
Reversed and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Katie J. Kelly v. Timothy L. Sholander?
The outcome was: Reversed and remanded.
Which court heard Katie J. Kelly v. Timothy L. Sholander?
This case was heard in Circuit Court, Marquette County, Michigan, MI. The presiding judge was Not Available.
Who were the attorneys in Katie J. Kelly v. Timothy L. Sholander?
Plaintiff's attorney: Click Here For The Best Marquette Divorce Lawyer Directory. Defendant's attorney: Click Here For The Best Marquette Divorce Lawyer Directory.
When was Katie J. Kelly v. Timothy L. Sholander decided?
This case was decided on October 1, 2024.