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Schwartz Law Firm’s Custody Case Leads to Michigan Supreme Court Decision

In the case of Ludwig v Ludwig, a precedent was set that will have a tremendous impact on future child custody cases involving reunification proceedings.

In a decision issued May 23, 2018, a mother was granted a full evidentiary hearing after initially being denied on the grounds that the reunification action did not quality as a change in parenting time and therefore did not allow the mother to have a full hearing. The Michigan Supreme Court thought otherwise and reversed the judgment.

Schwartz Law Firm has been counsel of record on all post-judgment custody and parenting time proceedings in the case, including trial counsel in the hearing which resulted in the Supreme Court decisions. Attorneys Jay Schwartz and Carmen Moyer argued that their client (the mother) was entitled to a full evidentiary hearing and the Supreme Court agreed.

The father’s attempts to reestablish his parenting time were complicated by requirements that he seek counseling, which he used to his advantage by only providing therapists with limited information in an effort to achieve a positive recommendation. Our firm argued that our client should be granted a full evidentiary hearing rather than being limited to a cross-examination of his therapist.

As the trial attorneys of record, we are happy that this extensive legal process has resulted in our past client receiving the evidentiary hearing she deserves, and we welcome the precedent this sets for future parenting time cases. This case goes to show just how important it is to have experienced counsel on your side as you seek to resolve complex family law matters