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Maier v. Maier

874 N.W.2d 725 (2015)

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Maier v. Maier

Michigan Court of Appeals
874 N.W.2d 725 (2015)

Facts

A custody dispute arose between former spouses Cindy Maier (plaintiff) and Daniel Maier (defendant) regarding their nine-year-old son, J.M. J.M. suffered from depressive disorder and attention deficit/hyperactivity disorder. Multiple witnesses testified that Cindy openly criticized Daniel in front of J.M. Additionally, J.M.’s therapists testified that Cindy was coaching J.M. regarding what to say to the judge, attempting to influence J.M.’s stated preferences regarding custody. Based on these considerations, the trial judge concluded that even if J.M. was interviewed, he would likely not be able to express a reasonable preference regarding custody. The judge therefore declined to interview J.M. before issuing an order awarding Daniel sole legal and physical custody of J.M. Cindy appealed, arguing that the trial judge erred in not interviewing J.M. to determine his preference.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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