Child Custody

In The News

Thursday, February 23, 2023

Form over Substance: Jackee Moss Earns a Court of Appeals Win on a Child Custody Matter

By Michael Nichols
Categories: Child Custody

A trial court judge in Shiawassee County misinterpreted an important court rule on deadlines to object to friend of the court recommendations. Jackee Moss took the matter to the Court of Appeals and, thanks to his well-written and persuasive brief, won a reversal within a week.

The client, who is involved in a complicated multi-state custody dispute, wanted to move back to Michigan with his son. Michigan is the state where the case originated and that maintains jurisdiction. During the referee hearing, it was proven that the mother had lied to CPS in an apparent effort to strip the father of his parental rights. Despite this atrocious behavior by the mom, the referee found that the client did not meet his burden of proof necessary to change domicile, to which an objection was filed.

The judge had ruled that an objection filed by the NLF on behalf of a client was not timely because it was not received by a certain date. The problem is – that is not what the Michigan Rules of Court require. Jackee appealed to the Michigan Court of Appeals.

Mr. Moss’s brief was so persuasive that the presiding judge, who is currently the chief judge of the court of appeals, indicated that the entire panel agreed with him.

The client– a devoted father with primary physical custody and just a good, hard-working man – gets to keep his foot in the door to keep fighting for his kids to come back to Michigan with him.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.