Frequently Asked Questions

At Rosenthal Law we understand that hiring a lawyer can feel overwhelming. Below are answers to common questions about family law and criminal law matters. If you don’t see your question here, contact us — we’re here to help.

Family Law

Family law issues can be some of the most emotional and life-changing legal matters a person will ever face. Whether you are considering divorce, dealing with a custody dispute, or seeking guardianship of a loved one, understanding how Michigan family law works can help you feel more prepared and confident about your next steps.

Divorce in Michigan

Michigan is a no-fault divorce state, which means that a spouse does not need to prove wrongdoing to file for divorce. Instead, the filing party must state that the marriage has broken down to the point that there is no reasonable chance of reconciliation.

Even in no-fault cases, divorce can involve complex decisions about:

• Division of property and debts

• Spousal support (alimony)

• Child custody and parenting time

• Child support

Michigan courts aim for a fair and equitable division of marital property, which does not always mean a 50/50 split. Factors such as the length of the marriage, each spouse’s contributions, and future earning ability can all play a role. Considering divorce? Rosenthal Law, PLLC provides compassionate guidance and aggressive representation.

How Does Child Custody and Parenting Time Work?

When children are involved, the court’s primary focus is always the best interests of the child. Michigan law outlines several factors judges consider when determining custody, including:

• The emotional ties between parent and child

• Each parent’s ability to provide stability

• The child’s home, school, and community record

• Each parent’s willingness to support the child’s relationship with the other parent

Child Support

Both parents have a legal duty to financially support their children. Michigan uses a formula called the Michigan Child Support Formula, which considers:

• Each parent’s income

• Number of overnights the child spends with each parent

• Healthcare and childcare costs

Support orders can be modified if there has been a significant change in circumstances, such as a job loss or major shift in parenting time.

Spousal Support (Alimony)

Spousal support is not automatic in Michigan. Courts look at several factors, including:

• Length of the marriage

• Each party’s income and earning capacity

• Age and health of the spouses

• Standard of living during the marriage

The goal is generally to ensure that neither party is left in severe financial hardship following a divorce.

Guardianships and Juvenile Matters

Family law in Michigan can also include guardianships for minors when parents are unable to care for a child, as well as juvenile court matters. These cases can be especially sensitive and often require careful legal guidance to protect the child’s well-being and the rights of those involved.

Custody Battles

Few legal disputes are as personal or stressful as a child custody battle. When parents cannot agree on custody or parenting time, Michigan courts step in with one guiding principle: the best interests of the child.

What Is the Difference Between Legal Custody vs. Physical Custody?

In Michigan, custody is divided into two parts:

Legal Custody – The right to make major decisions about a child’s life, including education, medical care, and religious upbringing. Courts often award joint legal custody, meaning both parents share decision-making.

Physical Custody – Where the child lives on a day-to-day basis. This may be:

• Joint physical custody (the child spends substantial time with both parents), or

• Sole physical custody (the child primarily lives with one parent)

Even when one parent has primary physical custody, the other parent is usually granted parenting time unless there are serious safety concerns.

What Are the “Best Interests of the Child” Factors?

Michigan law requires judges to evaluate specific factors to determine custody. No single factor automatically wins a case. Instead, the court looks at the full picture of the child’s life.

Some of the key factors include:

• The emotional ties between each parent and the child

• Each parent’s ability to provide love, guidance, and support

• The child’s need for stability and continuity in their home, school, and community

• Each parent’s mental and physical health

• Each parent’s willingness to encourage a positive relationship between the child and the other parent

• Any history of domestic violence

• The child’s preference (depending on age and maturity)

Courts are not focused on which parent is “better” overall — they are focused on which environment best supports the child’s healthy development.

What Is an Established Custodial Environment?

A major concept in Michigan custody cases is the Established Custodial Environment (ECE). This refers to the home where the child has been receiving consistent care, stability, and guidance.

If a parent wants to change an existing custody arrangement that would disrupt the child’s established environment, they must meet a higher legal standard. This can make modifying custody more difficult once an arrangement is in place.

What Is the Importance of Parenting Time?

Even when parents share custody, disagreements about parenting time schedules are common. Courts want children to maintain strong relationships with both parents whenever possible.

If one parent repeatedly interferes with court-ordered parenting time, the other parent can seek enforcement through the Friend of the Court or by filing a motion with the judge.

How to Strengthen Your Custody Case

Parents involved in a custody dispute should focus on showing the court that they are stable, involved, and child-focused. This includes:

• Maintaining consistent involvement in your child’s school and activities

• Keeping a safe and appropriate home environment

• Communicating respectfully with the other parent when possible

• Following existing court orders

• Avoiding negative comments about the other parent in front of the child

Judges pay close attention to which parent is more likely to put the child’s needs ahead of personal conflict.

What Should I Expect During a Friend of the Court Investigation in Michigan?

If you are involved in a custody or parenting time dispute in Michigan, you may be told that your case is being referred to the Friend of the Court (FOC) for an investigation. For many parents, this can feel intimidating or confusing. Understanding the process can help you prepare and avoid common mistakes.

What Is the Friend of the Court?

The Friend of the Court is a division of the circuit court that assists judges in family law matters involving children. The FOC does not represent either parent. Instead, it acts as a neutral investigator and advisor to the judge.

In custody and parenting time disputes, the judge may ask the FOC to:

• Investigate each parent’s home and circumstances

• Interview the parents (and sometimes the child)

• Review school, medical, or other relevant records

• Make a recommendation about custody and parenting time

While the judge makes the final decision, FOC recommendations often carry significant weight.

Why Would a Case Be Referred?

A Friend of the Court investigation is common when parents cannot agree on:

• Child custody (legal or physical)

• Parenting time schedules

• Changes to an existing custody arrangement

The court uses the investigation to gather detailed information about the child’s life and each parent’s ability to meet the child’s needs.

What Happens During the Investigation?

Every county’s process is slightly different, but most investigations include the following steps:

1. Parent Interviews

Both parents will be interviewed separately. You may be asked about:

• Your relationship with your child

• Your daily routine with the child

• Your work schedule and childcare plans

• Concerns about the other parent

• Your proposed custody and parenting time schedule

Be honest, focused, and child-centered in your answers.

2. Child Interview (Sometimes)

Depending on the child’s age and maturity, the investigator may speak with the child. This is not about letting the child “choose” a parent, but about understanding their experiences, routines, and comfort in each home.

Parents should never coach a child on what to say. Investigators are trained to recognize when a child has been pressured.

3. Home Information

You may be asked about your living arrangements, including:

• Who lives in your home

• Sleeping arrangements for the child

• Safety and stability of the environment

In some cases, a home visit may occur, though this is not always required.

4. Records and Collateral Contacts

The investigator may review:

• School records

• Medical or counseling records

• Police reports (if relevant)

They may also speak with teachers, counselors, or other individuals who regularly interact with your child.

What Is the Friend of the Court Recommendation?

After completing the investigation, the FOC will issue a written recommendation to the court. This typically addresses:

• Legal custody (joint or sole)

• Physical custody

• A detailed parenting time schedule

If both parents accept the recommendation, it can become a court order. If either parent objects, the case proceeds to a court hearing or trial, where the judge makes the final decision.

How Do I Prepare for a Friend of the Court Investigation?

Parents can strengthen their position by:

• Staying actively involved in their child’s education, healthcare, and activities

• Keeping communication with the other parent respectful and child-focused

• Maintaining a safe, stable home environment

• Bringing organized documents (school info, medical details, schedules)

• Avoiding social media posts that show conflict, substance abuse, or poor judgment

Most importantly, show that you are willing to support your child’s relationship with the other parent — unless there are genuine safety concerns.

Criminal Law

Being charged with a crime in Michigan can be overwhelming and frightening. At Rosenthal Law, we strive to provide the best legal advice to our clients. Whether it’s your first encounter with the legal system or you’ve been through it before, the consequences of a criminal charge can affect your freedom, finances, employment, and reputation. Understanding the basics of how criminal law works in Michigan can help you take the right steps early.

What Do I Do After an Arrest in Michigan?

Being arrested can be one of the most stressful experiences of your life. In the hours and days that follow, the decisions you make can have a major impact on your case. Knowing your rights and taking the right steps early can help protect your future.

1. Stay Calm and Do Not Resist

No matter how upset or confused you feel, do not resist arrest or argue with officers. Resisting can lead to additional charges and make the situation worse. Stay calm and comply with lawful commands.

2. Use Your Right to Remain Silent

You have the constitutional right to remain silent — use it.

You are only required to provide basic identifying information. Beyond that, you do not have to answer questions about where you were, what happened, or who you were with.

Even if you believe you can “clear things up,” statements made in stressful situations are often misunderstood or used against you later. Politely say:

“I am invoking my right to remain silent and would like to speak to an attorney.”

Then stop talking.

3. Ask for an Attorney Immediately

You have the right to have an attorney present during questioning. Once you request a lawyer, police should stop interrogating you.

Do not discuss your case with:

• Cellmates

• Friends on jail phones

• Anyone over recorded jail calls

Those conversations can be recorded and used as evidence.

4. Understand the Arraignment Process

After an arrest, you will typically be brought before a judge for an arraignment. At this hearing:

• You are formally told the charges

• The judge sets bond and bond conditions

• Future court dates are scheduled

Bond conditions may include travel restrictions, no-contact orders, alcohol testing, or other requirements. Violating bond can lead to jail, so it is critical to follow all conditions exactly.

Having an attorney involved before or at arraignment can sometimes help secure a lower bond or more favorable conditions.

5. Do Not Discuss Your Case on Social Media

Prosecutors and investigators regularly check social media. Posts, photos, and messages can be taken out of context and used against you.

6. Gather Information for Your Defense

As soon as possible, write down everything you remember about the incident, including:

• Where you were

• Who was present

• What was said

• Timeline of events

Memories fade quickly. These notes can help your attorney build your defense.

Also gather:

• Names and contact information of witnesses

• Any photos, videos, or receipts that support your whereabouts

7. Contact a Criminal Defense Attorney Quickly

Early legal representation can make a major difference. An attorney can:

• Review whether the stop, search, or arrest was lawful

• Communicate with prosecutors on your behalf

• Protect you from making damaging statements

• Start building a defense before evidence disappears

The earlier a defense strategy begins, the more options you may have.

Michigan OWI Law

Being charged with an OWI (Operating While Intoxicated) in Michigan can be frightening. The penalties — including jail time, fines, license suspension, and a permanent criminal record — can have long-lasting effects. The good news is that you have rights, and there are several strategies a skilled attorney can use to defend you.

1. Challenge the Traffic Stop

2. Question Field Sobriety Tests (FSTs)

Police often use field sobriety tests to determine if a driver is impaired. Common tests include:

• Horizontal gaze nystagmus (eye movement test)

• Walk-and-turn

• One-leg stand

These tests are not foolproof. Factors like fatigue, nervousness, medical conditions, or even poor instructions can cause a person to “fail” a field sobriety test. An experienced attorney can challenge the reliability and administration of these tests.

3. Challenge Breathalyzer or Blood Test Accuracy

4. Examine Officer Conduct and Evidence Collection

Police mistakes or misconduct can affect your case. Your attorney may investigate.

5. Present Alternative Explanations

Sometimes a defense involves showing that impairment was not caused by alcohol or drugs, but by other factors, such as:

• Prescription medication

• Medical conditions (e.g., diabetes, vertigo)

• Fatigue or distraction

A strong defense attorney can use expert testimony or documentation to support these claims.

6. Negotiate Reduced Charges

In many cases, even if there is evidence against you, an attorney can negotiate with prosecutors for:

• Reduced charges (e.g., misdemeanor instead of felony)

• Deferred sentences or probation

• Alcohol treatment programs in lieu of jail

7. Administrative License Defense

Michigan’s Secretary of State can suspend your license independently of criminal court. A skilled OWI attorney can help:

• Challenge the license suspension

• Request a restricted or hardship license

• Ensure administrative deadlines are met

How do Expungements Work in Michigan?

A criminal record can follow you for years, affecting jobs, housing, education, and professional licenses. Fortunately, Michigan has expanded its expungement laws, giving more people the opportunity for a fresh start.

What Is an Expungement?

An expungement (also called “setting aside a conviction”) is a legal process that removes certain criminal convictions from your public record. Once a conviction is set aside:

• Most employers and landlords will not see it

• You can legally state in many situations that you have not been convicted of that offense

However, law enforcement and courts can still access the record in limited circumstances.

Who Qualifies for Expungement in Michigan?

Michigan law allows many people to expunge past convictions, depending on:

• The type of offense

• The number of convictions

• How much time has passed since sentencing or release

In general, multiple misdemeanors and some felonies may be eligible. However, certain serious offenses typically cannot be expunged, including:

• Most traffic offenses involving injury or death

• Many criminal sexual conduct offenses

• Life offenses

• Certain child abuse offenses

Each case must be evaluated carefully to determine eligibility.

Take Charges Seriously — But Don’t Panic

Being charged with a crime not mean you will be convicted. There are often more options than people realize, especially when a case is handled strategically from the beginning.

If you are facing criminal charges in Michigan, getting informed and securing strong legal representation are the most important steps you can take to protect your future.

If you or a loved one is facing criminal charges in Michigan, don’t wait. Contact Rosenthal Law, PLLC today to protect your rights and future.