The Court of Appeals recently held that a trial court’s myopic focus on a toddler’s purported ability to use technology in deciding a change of domicile motion was error. In McKimmy v Melling, decided on February 10, 2011 (for publication), a mother of two young boys sought the court’s permission to move to North Dakota to live with her fiance. The mother’s proposed parenting plan included the father having the boys over the summer, alternate holidays and Skype communication over the Internet. The trial court acknowledged that the proposed plan would give the father more time with the boys than the original parenting schedule, but was troubled by the father’s inability to have regular weekly, “in person” contact with the boys under the new plan. Finding that the old plan provided “more meaningful” interaction between the boys and their father, it denied the motion. The Court of Appeals vacated the order, ruling that the trial court wrongly compared the new plan to the original plan rather than simply analyzing whether the proposed plan allowed the father to maintain a parental relationship with the children under MCL 722.31(4)(c). The relevant query is not which plan is better, but whether the new plan has the capacity to adequately preserve and foster the parental relationship between the children and the left behind parent.
A Great Legal Team To Guide You
Call Today:248-579-4631
- Home »
- Child Custody » Toddlers and Technology: Proposed Parenting Plan Must be Considered on Its Own Merits in Change of Domicile Motion
Toddlers and Technology: Proposed Parenting Plan Must be Considered on Its Own Merits in Change of Domicile Motion
On behalf of Schwartz Law Firm | Feb 27, 2011 | Child Custody
Categories
- Bankruptcy (1)
- Blog (4)
- Business & Corporate (7)
- Child Custody (68)
- Child Support (33)
- Criminal Defense (6)
- Divorce (90)
- Employment Law (22)
- Estate Planning (18)
- Family Law (61)
- Firm-Related News (9)
- General Legal Issues (1)
- Paternity (15)
- Property Division (2)
- Uncategorized (72)
Archives
- January 2021 (2)
- December 2020 (1)
- November 2020 (1)
- October 2020 (2)
- September 2020 (1)
- August 2020 (2)
- July 2020 (2)
- June 2020 (2)
- May 2020 (2)
- April 2020 (2)
- March 2020 (3)
- February 2020 (2)
- January 2020 (2)
- December 2019 (2)
- November 2019 (2)
- October 2019 (1)
- September 2019 (2)
- August 2019 (2)
- July 2019 (3)
- June 2019 (1)
- May 2019 (2)
- April 2019 (2)
- March 2019 (1)
- February 2019 (3)
- January 2019 (1)
- December 2018 (3)
- November 2018 (2)
- October 2018 (2)
- September 2018 (2)
- August 2018 (1)
- July 2018 (2)
- June 2018 (3)
- May 2018 (2)
- April 2018 (3)
- March 2018 (2)
- February 2018 (2)
- January 2018 (3)
- December 2017 (1)
- November 2017 (2)
- October 2017 (2)
- September 2017 (2)
- August 2017 (1)
- July 2017 (1)
- June 2017 (2)
- May 2017 (3)
- April 2017 (1)
- March 2017 (1)
- February 2017 (3)
- January 2017 (4)
- December 2016 (2)
- November 2016 (2)
- October 2016 (2)
- September 2016 (2)
- August 2016 (2)
- July 2016 (1)
- June 2016 (2)
- May 2016 (1)
- April 2016 (1)
- March 2016 (1)
- February 2016 (6)
- January 2016 (6)
- December 2015 (4)
- November 2015 (3)
- October 2015 (5)
- September 2015 (4)
- August 2015 (4)
- July 2015 (5)
- June 2015 (5)
- May 2015 (4)
- April 2015 (5)
- March 2015 (4)
- February 2015 (6)
- January 2015 (4)
- December 2014 (6)
- November 2014 (4)
- October 2014 (6)
- September 2014 (4)
- August 2014 (4)
- July 2014 (5)
- June 2014 (4)
- May 2014 (5)
- April 2014 (4)
- March 2014 (4)
- February 2014 (5)
- January 2014 (6)
- December 2013 (5)
- November 2013 (5)
- October 2013 (4)
- September 2013 (6)
- August 2013 (5)
- July 2013 (3)
- June 2013 (4)
- May 2013 (4)
- April 2013 (5)
- March 2013 (4)
- February 2013 (4)
- January 2013 (3)
- December 2012 (5)
- November 2012 (6)
- October 2012 (5)
- September 2012 (4)
- August 2012 (6)
- July 2012 (7)
- June 2012 (6)
- May 2012 (5)
- April 2012 (5)
- March 2012 (6)
- February 2012 (3)
- January 2012 (4)
- December 2011 (1)
- November 2011 (1)
- October 2011 (4)
- September 2011 (2)
- August 2011 (2)
- June 2011 (1)
- May 2011 (6)
- April 2011 (5)
- February 2011 (7)
- January 2011 (1)
- December 2010 (1)
- November 2010 (1)
- September 2010 (2)
- July 2010 (7)
- April 2010 (4)
- March 2010 (4)