RAFFI MUSCHEGIAN V KRISTINA MARIA ESPARZA (Concurring Opinion)

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If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS RAFFI MUSCHEGIAN, UNPUBLISHED July 15, 2021 Plaintiff-Appellee, v No. 353146 Oakland Circuit Court Family Division LC No. 2018-865009-DC KRISTINA MARIA ESPARZA, Defendant-Appellant. Before: RIORDAN, P.J., and M. J. KELLY and SHAPIRO, JJ. SHAPIRO, J. (concurring in part, dissenting in part). I concur with the majority as to legal custody. I also concur as to parenting time except that I would remand to the trial court to rule on holiday parenting time. I dissent as to attorney fees. A review of the record demonstrates that defendant cannot pay her attorney fees which substantially exceed her yearly income and that plaintiff is able to pay the fees. /s/ Douglas B. Shapiro -1-

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